US citizen daughter want to move to US with small child

[neoblast 138]

2 minutes ago, Bikerbride said:

A Fiance visa can U get fairly quick and then do the I-130 from within USA. Is there any visa for the child to do the same?

Unless you could find any adult to date that child and somehow make it okay to the USCIS, this a NOPE. I think you already got your answer from the previous posts. 

 

[Boiler 45,486]

1 minute ago, Bikerbride said:

A Fiance visa can U get fairly quick and then do the I-130 from within USA. Is there any visa for the child to do the same?

My K1 was 14 months, they have been quicker recently, time line vary and who knows what the impact will be of the Pandemic.

 

With a child being sponsored there is only one option, an immigrant visa. Sooner she files the sooner it will be processed, the issues I see are domicile and the Fathers OK.

[JFH 12,190]

Is the child’s father in agreement with all of this? 

[SalishSea 17,827]

3 hours ago, Bikerbride said:

A Fiance visa can U get fairly quick and then do the I-130 from within USA. Is there any visa for the child to do the same?

Fiance visa for who in this story?  If daughter is USC, she doesn't need a visa.

[HRQX 4,145]

7 hours ago, SusieQQQ said:

I don’t know, but the I864 instructions specifically exempt these cases.

I now found the FAM change made in February 2020: https://fam.state.gov/fam/09FAM/09FAM060114.html "Form I-864W Eliminated"

Looks like NVC now enters "a case note indicating that the applicant is not required to submit an affidavit of support."

Edited April 19, 2020 by HRQX

[Bruce Herrington 8]

The biggest hurdle I see is getting the child a Sweedish passport with the embassy closed. The childs father must agree to the child getting a passport. Once the child has a passport. The mother has 2 options. She can file online for N-600K or I-130.  For #1, N-600k takes 6 to 24 months. The mother isn't required the have physical presence in the US if a grandparent has at least 5 years, 2 after age 14. The OP said the grandfather spent the "first 23-24 years" in the US so the grandfather can satisfy the phisical presence requirement. The next hurdle is biometics which hopfully USCIS will allow it to be performed at the sweedish embassy. If not it will require at round trip to the USA using the visa waiver program. It's possible the interview and biometrics can both be done within the 90 day window the visa waiver is valid for.  Either way after biometrics and or interview the child returns to sweeden to wait the nauralzation certificate and apply at the US embassy for a US passport. (If biometrics can't be done in Sweeden it may take 1 round trip for biometrics and 1 round trip fot interview.)  As long as the intent is to return to Sweeden after biometrics/interview, there is no violation of the visa waiver program.  #2 file I-130, takes 6-16 months, but to be approved the mother at least will have to return to the US to establish domicile and have a Joint or Co-sponsor.  The child can again accompany her on the visa waiver program. Proof of Domicile isn't needed unit NVC stage so It would work to after petition is approved,  get a round trip 90 day visit ticket to the US, get a job, get a lease agreement (even if with parents to live with them) drivers license. then return within 90 days for the childs interview. The I-864w mentioned is a obsete form no longer available. (even the link provided has "achive" in it, not a link to a current website) The screen shot below comes from page 7 of N-600kk instructions. uscis.gov/n-600k 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited April 19, 2020 by Bruce Herrington
typo

[SusieQQQ 11,586]

^ mother doesn’t have to return to the US first, she just needs to present proof of intent to re-establish domicile. And she doesn’t need a joint or co sponsor because no affidavit of support is required. 

 

Even if they do n600k via the loophole you suggest (as it is specifically intended for children normally resident outside the US, not intending immigrants) seems to me it would take longer and require more trips than straight I130, not to mention being twice as expensive to file.

Edited April 19, 2020 by SusieQQQ

[Bruce Herrington 8]

38 minutes ago, HRQX said:

I now found the FAM change made in February 2020: https://fam.state.gov/fam/09FAM/09FAM060114.html "Form I-864W Eliminated"

Looks like NVC now enters "a case note indicating that the applicant is not required to submit an affidavit of support."

I don't see how this will help in the case. If you read the whole paragraph above you quote, the child doesn't qualify because he will not become a citizen upon entry to the US.

[SusieQQQ 11,586]

2 minutes ago, Bruce Herrington said:

I don't see how this will help in the case. If you read the whole paragraph above you quote, the child doesn't qualify because he will not become a citizen upon entry to the US.

What do you mean he won’t qualify? If he gets an immigrant visa he will meet the requirements of INA320 on entry, again assuming the mother has legal custody.

Edited April 19, 2020 by SusieQQQ

[Bruce Herrington 8]

41 minutes ago, SusieQQQ said:

What do you mean he won’t qualify? If he gets an immigrant visa he will meet the requirements of INA320 on entry, again assuming the mother has legal custody.

One of the requirements for Automatic citizenship is "The child is residing in the United States" (with a footnot refering to #5) #5 refers yo to the definion in chapter 2. Chapter says "Actual dwelling place in fact, without intent".  Now that you know what the manual says, How are you going to convince NVC that the child is residing in the US at a home he has never steped foot in? 

 

Edited April 19, 2020 by Bruce Herrington
add picture

[HRQX 4,145]

1 hour ago, Bruce Herrington said:

I don't see how this will help in the case. If you read the whole paragraph above you quote...

Also read the following: https://fam.state.gov/fam/09FAM/09FAM060114.html

Quote

Automatic acquisition of U.S. citizenship occurs when the last of the conditions of INA 320 has been fulfilled (while the child is under the age of 18).  Because it can be difficult to ascertain the exact day the “is residing in” requirement is met, in general, provided there is sufficient evidence that the child and parents in fact will be residing in the United States once the child is admitted as a lawful permanent resident (and if all other conditions have already been met), the date of lawful admission for permanent residence may be used as the date of automatic acquisition.

 

Edited April 19, 2020 by HRQX

[Boiler 45,486]

Consulates vary about Domicile, obviously intent in this case would not work for Canada, for Sweden? do not know.

[SusieQQQ 11,586]

56 minutes ago, Bruce Herrington said:

One of the requirements for Automatic citizenship is "The child is residing in the United States" (with a footnot refering to #5) #5 refers yo to the definion in chapter 2. Chapter says "Actual dwelling place in fact, without intent".  Now that you know what the manual says, How are you going to convince NVC that the child is residing in the US at a home he has never steped foot in? 

 

 

 

Because this is how these cases always work.  The mother will have demonstrated proof of intent to reestablish domicile for him to get the visa in the first place. If they accept that to issue the visa, then it is equivalent to accepting that the child will be living with the mother in the US.
 

 

 

Edited April 19, 2020 by SusieQQQ

[SusieQQQ 11,586]

7 minutes ago, Boiler said:

Consulates vary about Domicile, obviously intent in this case would not work for Canada, for Sweden? do not know.

Canada has particular issues that other countries don’t, related to its border and where people will actually live, for most consulates reasonable proof of intent seems fine.

Edited April 19, 2020 by SusieQQQ

[Bruce Herrington 8]

11 minutes ago, SusieQQQ said:

Because this is how these cases always work.  The mother will have demonstrated proof of intent to reestablish domicile for him to get the visa in the first place. If they accept that to issue the visa, then it is equivalent to accepting that the child will be living with the mother in the US.
 

 

 

You may be right but how many times  has this happened to since Feb 24th 2020 when the I-864w was obolished and the manuals re-written with conflicting instructions?  You used to get past NVC with the I-864w,  now this  "may" work and "may" not, in my opinion.