US citizen living abroad with common law spouse and child--what's best route?

[ice-qube 649]

8 minutes ago, Boiler said:

Strongly suggest she joins and does her own research, sadly secondhand information has a tendency to produce complications and it seems that your knowledge is limited so probably not helping.

LOL, well no doubt. I have suggested she sign up and get an account, as well, but she IS definitely reading this forum discussion herself.

[Boiler 45,525]

Well an account is free unless she wants Platinum and most people do not need that.

[ice-qube 649]

Just now, Boiler said:

Well an account is free unless she wants Platinum and most people do not need that.

I am sure she will be joining shortly.

[LilyJ 1,258]

2 hours ago, ice-qube said:

Can her common law spouse and child lawfully enter the US as a normal visitor from Canada and then can do adjustment of status? Or will they say that is a fraudulent method because a visitor visa is nonimmigrant?

No, it is illegal to come to the US as a visitor with intent to adjust status and can result in a lifetime ban from the US. If the child is eligible for citizenship from the USC parent have them do CRBA to obtain proof of the child’s US citizenship and get the child a US passport (if child is eligible for citizenship they must enter and exit the US on a US passport as per US law)

2 hours ago, ice-qube said:

But--isn't it true that the service center *does* tend to make a difference? So far from talking to a couple of people, and in regards to my own situation, it seems to me (unscientifically, with small size, admitted) that people who apply I-130 from Canada, or at least Toronto, are getting sent to Nebraska service center, which seems to have bad turnaround times.

 

Is it possible that if she was inside the US they would tend to assign her a different service center?

Location has no impact on what service center the petition goes to, it’s entirely random, whether inside the country or not

[SalishSea 17,836]

3 hours ago, ice-qube said:

f she sends the I-130 from *inside* the US and that because they have a kid it would be faster?

Nope.

[musicfan24 2]

3 hours ago, Bill & Katya said:

Having a child does not make it that much more complicated.  She should investigate if she qualifies to pass along US citizenship to the child which could make that part easy.  Then I would suggest legalizing the marriage and then filing for a spousal visa. 
 

Good Luck!

Hi there I'm the friend that Ice-Qube speaks of. So I cant get my son in like that as I only got my citizenship through my dad and have never lived in the states before. My dad is deceased. Is there any way to apply under my dad for my son as well? 

[LilyJ 1,258]

13 minutes ago, musicfan24 said:

Hi there I'm the friend that Ice-Qube speaks of. So I cant get my son in like that as I only got my citizenship through my dad and have never lived in the states before. My dad is deceased. Is there any way to apply under my dad for my son as well? 

No, citizenship can only be passed down by parents, not grandparents. You’ll have to petition your son for an IR2

[Just Paul 4,595]

14 minutes ago, musicfan24 said:

Hi there I'm the friend that Ice-Qube speaks of. So I cant get my son in like that as I only got my citizenship through my dad and have never lived in the states before. My dad is deceased. Is there any way to apply under my dad for my son as well? 

Just do a separate petition for the son.

[SalishSea 17,836]

16 minutes ago, musicfan24 said:

Hi there I'm the friend that Ice-Qube speaks of. So I cant get my son in like that as I only got my citizenship through my dad and have never lived in the states before. My dad is deceased. Is there any way to apply under my dad for my son as well? 

You will also want to look into the requirements for domicile in the US, as well as the requirement for USCs living overseas to file/pay federal taxes.

Edited January 8, 2020 by Jorgedig

[musicfan24 2]

16 minutes ago, LilyJ said:

No, citizenship can only be passed down by parents, not grandparents. You’ll have to petition your son for an IR2

So what they are saying here would be different then? http://www.apsanlaw.com/law-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

[HRQX 4,145]

27 minutes ago, LilyJ said:

You’ll have to petition your son for an IR2

That is one option; it'll lead to citizenship after meeting the other INA 320 requirements: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

 

The other route is naturalization through INA 322. The child qualifies to submit N-600K because of the USC grandfather: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5 "If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet the requirement. In such cases, the officer first must verify that the citizen grandparent, the citizen parent’s mother or father, is a U.S. citizen at the time of filing. If the grandparent has died, the grandparent must have been a U.S. citizen and met the physical presence requirements at the time of his or her death."

[pushbrk 12,898]

5 hours ago, ice-qube said:

Is it possible she can move to the US ahead of time and file for a fiance visa and marry him that way? Will that speed stuff up?

Perhaps but they he will be stuck in the US 6 to 9 months with no work authorization.  Pick the path that fits the circumstances.

[Duke & Marie 1,389]

3 minutes ago, pushbrk said:

Perhaps but they he will be stuck in the US 6 to 9 months with no work authorization.  Pick the path that fits the circumstances.

I think that’s incorrect, she can’t move to the USA then file for k1... its file k1 first then move and marry 

[pushbrk 12,898]

Just now, Duke & Marie said:

I think that’s incorrect, she can’t move to the USA then file for k1... its file k1 first then move and marry 

She is the US Citizen.  She can move to the US anytime she wants.  He is the one that needs the visa.

[Duke & Marie 1,389]

1 minute ago, pushbrk said:

She is the US Citizen.  She can move to the US anytime she wants.  He is the one that needs the visa.

Apologies, my mistake