IR2 immigrant fee

[neilsqueen 433]

19 hours ago, Paul & Mary said:

It is common when a petition is a USC but has not met the residency requirements to transmit citizenship to the CHILD (via a CRBA).  Op has to have 5 years of residency, 2 of which after the age of 14 in order to transmit citizenship.   OP files for the IR2, supplies NVC with I-864w and child does medical, biometrics and interview.

 

I help do a couple dozen of these a year when a Mexican has dual citizenship and wants to immigrate with a child and wife.

 

17 hours ago, SusieQQQ said:

A child automatically becomes a citizen if

- parent is a citizen

- child is a LPR 

- child is under 18

- child is residing in physical and legal custody of usc parent 

 

In this way a child can automatically become a citizen when all the above are fulfilled through either (1) already living in US on green card and parent naturalizes or (2) enters the US on immigrant visa (LPR) to live with usc parent

OK so now I'm confused...My husband meet all criteria in @SusieQQQ post but wont be here 5 years until this April.  I petitioned for my stepdaughter and waiting for NVC to review my additional submission they requested.  Does my husband have to be here 5 years for sure? I haven't seen that requirement anywhere.

[SusieQQQ 11,586]

34 minutes ago, neilsqueen said:

 

OK so now I'm confused...My husband meet all criteria in @SusieQQQ post but wont be here 5 years until this April.  I petitioned for my stepdaughter and waiting for NVC to review my additional submission they requested.  Does my husband have to be here 5 years for sure? I haven't seen that requirement anywhere.

Um.. you’re not the OP so I have no idea what you actually want to know and what you are confused about. ( I am a little confused as the criteria in my post pertain to a child so not sure why your husband is being compared to them. )

Edited January 22, 2020 by SusieQQQ

[abum 324]

15 hours ago, Moha21 said:

So what do you think about my situation  , my kids r under 18 and I'm citizens  and they just recieved their immigrant visa IR2 , do we have to pay the 220$ GC fee?  Knowing that they won't need to recieve the GC, because we are planing to apply for their passport as soon as they get there 

No, do not pay, pointless and waste of $220 (or whatever the fee now). Your child should be a USC based on INA320. So just apply for the passport (and you can include a letter along with your application stating you are applying via INA320). 

 

The stamp on the visa (which will become I-551) is a valid green card and a proof of status. 

[neilsqueen 433]

16 minutes ago, SusieQQQ said:

Um.. you’re not the OP so I have no idea what you actually want to know and what you are confused about. ( I am a little confused as the criteria in my post pertain to a child so not sure why your husband is being compared to them. )

I petitioned for my stepdaughter before my husband became a citizen.  He is now a citizen so my understanding is that since he meets the criteria you posted, my stepdaughter qualifies as a USC once she gets here.  The other poster mentioned something about my husband having to be here 5 years before my stepdaughter would qualify for citizenship. I had never read about the 5 year residency part.  I only heard and read what you wrote.  Does the 5 year residency apply to my husband before his child can become a citizen upon arrival?  Sorry for the confusion.

[abum 324]

53 minutes ago, neilsqueen said:

 

OK so now I'm confused...My husband meet all criteria in @SusieQQQ post but wont be here 5 years until this April.  I petitioned for my stepdaughter and waiting for NVC to review my additional submission they requested.  Does my husband have to be here 5 years for sure? I haven't seen that requirement anywhere.

 

Just now, neilsqueen said:

I petitioned for my stepdaughter before my husband became a citizen.  He is now a citizen so my understanding is that since he meets the criteria you posted, my stepdaughter qualifies as a USC once she gets here.  The other poster mentioned something about my husband having to be here 5 years before my stepdaughter would qualify for citizenship. I had never read about the 5 year residency part.  I only heard and read what you wrote.  Does the 5 year residency apply to my husband before his child can become a citizen upon arrival?  Sorry for the confusion.

 

Child will be a USC by birth (automatically) IF the child was born out of the USA (obviously), and the birth is reported via CRBA at any US embassy worldwide. 

In order for the child to qualify for CRBA (or for the citizenship to be transferred automatically), the parent MUST BE A US CITIZEN AT TIME OF BIRTH. 

On top of that, the US CITIZEN PARENT MUST SATISFY 5 years residency in the USA requirement (3 years before 14 years old + 2 years after 14 years old minimum).

for your specific case, you can look up INA 320, it could be that your step child, could become a USC upon becoming US Lawful Permanent Resident/LPR/GC holder, if one of the parents is a USC. 

[neilsqueen 433]

1 minute ago, abum said:

 

 

Child will be a USC by birth (automatically) IF the child was born out of the USA (obviously), and the birth is reported via CRBA at any US embassy worldwide. 

In order for the child to qualify for CRBA (or for the citizenship to be transferred automatically), the parent MUST BE A US CITIZEN AT TIME OF BIRTH. 

On top of that, the US CITIZEN PARENT MUST SATISFY 5 years residency in the USA requirement (3 years before 14 years old + 2 years after 14 years old minimum).

for your specific case, you can look up INA 320, it could be that your step child, could become a USC upon becoming US Lawful Permanent Resident/LPR/GC holder, if one of the parents is a USC. 

OK I see now. The 5 year is for CRBA and not the INA 320 that my stepdaughter falls under.  Thank soooooo much!!

[SusieQQQ 11,586]

41 minutes ago, neilsqueen said:

I petitioned for my stepdaughter before my husband became a citizen.  He is now a citizen so my understanding is that since he meets the criteria you posted, my stepdaughter qualifies as a USC once she gets here.  The other poster mentioned something about my husband having to be here 5 years before my stepdaughter would qualify for citizenship. I had never read about the 5 year residency part.  I only heard and read what you wrote.  Does the 5 year residency apply to my husband before his child can become a citizen upon arrival?  Sorry for the confusion.

You’re mixing up two separate means by which citizenship can be passed on. He just needs to be a citizen in the US, child enter on green card and live with him while under 18.

The 5 years residence is for CRBA. Something different. 

Edited January 22, 2020 by SusieQQQ