Easiest way to get us citizenship for my two kids ?

[Max77 0]

Guy's I'm naturalized US citizen. As soon as I got my US citizenship I came to Sri Lanka. Then when I was in sri lanka I got married to a Sri Lankan national. After that my two kids where born. One age 3 years, Other one is 3 months old .  Still I'm in Sri Lanka with my family. I know that I will not qualify for a 5 years of physical presence in USA so it seems like CRBA not an option for me.  So can you pls tell me the easiest way to get us citizenship for my two kids ? If I file I-130 then can I bring them to USA and apply for a citizenship under Child Citizenship Act of 2000 then do they automatically get US citizenship? If yes then can I come back with them back to Sri Lanka and live in Sri Lanka without loosing my kids US citizenship  ?

[Boiler 45,717]

That does sound the most logical.

[geowrian 22,337]

On what basis did you get US citizenship? The 5 years counts any physical presence, legal or illegal, before being an LPR, etc.

If you do meet the 5 year requirement, then the children would already be USCs. They would just need a CRBA to recognize that, and get US passports.

 

If you don't meet the 5 year requirement, then the process is to file I-130s for them. They will get IR-2 visas. You will use an I-864W for each instead of an I-864 when you get to NVC.

Upon entry on the IR-2 visa, they will become USCs. They could then apply for US passports.

NOTE: One possible caveat below...

 

You don't ever lose US citizenship unless it is renounced or they find a reason to go through - and complete - denaturalization proceedings. That would be in the event of something like fraud to obtain citizenship. No amount of time spent outside the US will revoke US citizenship.

 

5 minutes ago, Boiler said:

That does sound the most logical.

Question for you...

I know the I-864W means the petitioner does not need US domicile. However, in order for the children to become USCs, they must be "residing in the United States in the legal and physical custody of the U.S. citizen parent.".

Wouldn't the use of the term "residing" mean they need to actually live in the US (or at least show intent to do so) for it to apply? In that case, it sounds like domicile of the parent would still be needed before citizenship is obtained.

Or am I overthinking this?

 

Edit: The reason I ask is because I'm unsure if the OP intends to return to Sri Lanka at some point in the future or to immediately return to living abroad.

Edited January 24, 2020 by geowrian

[Just Paul 4,595]

You would file the I-130s for them and at NVC time the I-864w.   

5 minutes ago, geowrian said:

Wouldn't the use of the term "residing" mean they need to actually live in the US (or at least show intent to do so) for it to apply? In that case, it sounds like domicile of the parent would still be needed before citizenship is obtained.

I would think they would have to intend to live there (sometime).   Sound familiar?

I-130s are reunification.  It is odd that he does not want his wife to have citizenship.  I would like this would be picked up at the interview.

 

Hope the OP stays current on his US tax filing obligation.

[geowrian 22,337]

Just now, Paul & Mary said:

I would think they would have to intend to live there (sometime).   Sound familiar?

I-130s are reunification.  It is odd that he does not want his wife to have citizenship.  I would like this would be picked up at the interview.

Yeah, the lack of wife being involved in immigration was what implied to me that there was no intent to actually live in the US...just to get citizenship for the kids.

[Boiler 45,717]

The issue is one of timing, I am not sure how long it is likely to take never mind will take, seems once everything is sorted that they intend going back, she did not mention for how long. No requirement to stay for a particular time in the US that I am aware of.

[Max77 0]

Hi, Thank you for all your answers.  I got my us citizenship through a green card lottery. Yes there was no intent to actually live in the US that's why wife is not involved. If I get wife involved wife doesn't get citizenship automatically right ? n She has to be there in the USA at least 1.5 years to get her citizenship right ? So that's why I just want to get citizenship for the kids and come back to Sri Lanka with them immediately .  However I have a house in USA that I maintained. Still paying for mortgage for it.  One of my friend is living there at the moment. My taxes are up to date. When I calculate my physical presence in USA it was only  4 years.

Edited January 25, 2020 by Max77

[Boiler 45,717]

Wife would be 3 to 4 years.

[Max77 0]

Since I have a house in USA can my wife and two kids apply for a Visit visa ? And then kids can become US citizens ?

[geowrian 22,337]

7 minutes ago, Max77 said:

Since I have a house in USA can my wife and two kids apply for a Visit visa ? And then kids can become US citizens ?

They can visit with a tourist visa, if approved for one.

The children will not gain citizenship as a visitor.

 

For them to derive citizenship from you, they must meet all of the following criteria:

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Quote

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

The item in bold will not be satisfied with a tourist visa.

Edited January 25, 2020 by geowrian

[Just Paul 4,595]

2 minutes ago, Max77 said:

Since I have a house in USA can my wife and two kids apply for a Visit visa ? And then kids can become US citizens ?

Since you can file for a IR2 visa, followed by citizenship on entry for your kids, they would not be eligible for a tourist visa.  Your wife can apply for a tourist VIsa but would need to show strong ties back to Sri Lanka.   Being married to a USC may not be enough to disprove immigrant intent.  Further you wife can not enter the US with the intent to adjust as that would be VISA fraud.

 

And your wife would need at least 3 years of residency for her to apply for citizenship.

[Max77 0]

Tnx.  wife would need at least 3 years of residency. And out of those 3 years she needs be physical presence in USA for full 1 year and then 6 months in between right ? What happens if she cant qualify for that period of  physical presence ? Her green card gets revoked and then later can she apply for a visit visa if needed ?

Edited January 25, 2020 by Max77