US citizen daughter want to move to US with small child

[SusieQQQ 11,586]

27 minutes ago, Bruce Herrington said:

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.

 

 

In my opinion you are confusing two related but separate issues, the use or obsolescence  of i864W is not germane to the question. 

Edited April 19, 2020 by SusieQQQ

[Bruce Herrington 8]

9 minutes ago, SusieQQQ said:

In my opinion you are confusing two related but separate issues, the use or obsolescence  of i864W is not germane to the question. 

Getting past NVC is germane.

 

 

[geowrian 22,337]

Is there any evidence to suggest getting past NVC won't be possible?

[HRQX 4,145]

1 hour ago, Bruce Herrington said:

Reminder that NVC follows the DOS FAM. That image above is from the USCIS PM, not the DOS FAM. The info in the DOS FAM is straightforward: https://fam.state.gov/fam/09FAM/09FAM060114.html

Edited April 19, 2020 by HRQX

[Bruce Herrington 8]

1 hour ago, HRQX said:

Reminder that NVC follows the DOS FAM. That image above is from the USCIS PM, not the DOS FAM. The info in the DOS FAM is straightforward: https://fam.state.gov/fam/09FAM/09FAM060114.html

Good point. All of the below is from the Dos FAM. True is says "the date of lawful admission for permanent residence may be used as the date of automatic acquisition" But  "May" doesn't mean will or should. It also says "sufficient evidence that the child and parents in fact will be residing in the United States once the child is admitted" and in this case there is not indacation the the father will be coming or is already here. NVC has never made any public charge decisions. They made sure all documents were submitted including a I-864, I-864ez, or I-864w.  Now they have to look at evidence, read and understand the manuaI and make a decision to require the I-864 or not. This is new territory thar became effective Feb 24, 2020.. I have never seen a I-130 case get through NVC without a I-864, I-864ez, or I-864w before. I'm not saying it can't happen, I'm saying it "may not" happen.  If NVC dosn't cooperate the mother can solve the problem by coming to the states on the visa waiver program, get a job, domicile, and a joint sponsor then complete the I-864 like most I-130 petitioners do. I hope for her sake it does work without filling a I-864.

[Ontarkie 14,221]

~~Enough of the back and fourth. Please stick to answering the OP rather than bombarding her with unnecessary banter.~~

[HRQX 4,145]

On 4/18/2020 at 5:32 PM, Bikerbride said:

Does she need the R1 (I guess it would be) or can the child enter with only I-130 approved?

Filing I-130 is just the beginning. The child needs IR-2 visa. After entering the US with the IR-2 and the other INA 320 requirements are met the child becomes a US citizen and thus eligible for a US passport and Certificate of Citizenship: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html "How Does the Child Get a Passport Under Section 320 of the Immigration and Nationality Act?"

[SusieQQQ 11,586]

16 minutes ago, HRQX said:

Filing I-130 is just the beginning. The child needs IR-2 visa. After entering the US with the IR-2 and the other INA 320 requirements are met the child becomes a US citizen and thus eligible for a US passport and Certificate of Citizenship: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html "How Does the Child Get a Passport Under Section 320 of the Immigration and Nationality Act?"

 

Yes, just a heads up for when it eventually gets to this stage, that whatever evidence of custody is used to get the visa will be required again to prove legal custody for the passport/n600 (if they choose to get a n600 - at $1175 and months of waiting, many people just get the passport as acceptable proof of US citizenship).

FYI, I brought evidence of my kid residing with me (as physical custody/residence proof) to the passport interview and it was not required. Evidence of admission as a lawful permanent resident (the stamped immigrant visa is fine for that in OP’s grandkid’s situation, don’t need to pay or wait for a plastic green card), evidence of custody, and birth certificate of kid plus proof of parent being USC is enough to meet INA320 standards of proof and get passport issued. 

Edited April 20, 2020 by SusieQQQ

[onek 306]

If both parents are US citizens, why can’t they go to the local embassy and report birth of US citizen abroad and get passport for the child?

[NikLR 13,227]

On 4/18/2020 at 11:14 AM, Bikerbride said:

We have a daughter living in sweden with her 2 year old son. She is US citizen trough her father that was born US citizen. 

Now the daughter wants to move to us in US and bring her 2 year old baby with her. I have read up un the different possibilities

to her getting her son in to US and live with her.

 

The thing is that she has never herself lived in US. Her father (baby's grandfather) has lived her for his first 23-24 years and 

now we have been here for 1,5 years. 

 

I am not sure of what application needs to be filled in both for her to enter US with her baby, she has a US passport for her self. 

But she needs to have some kind of visa for the baby. Can anyone recommend what applications need to be done and maybe in what order?

There are a little confusing that n-600k if that is a citizenship that doesn't qualify for moving and living in US for a little baby.

What is the best way for her to get here as quickly as possible. She needs her family (us).

 

Thank you

An I-130 petition for child.  Then the NVC process for a child.  A medical and interview. There is no I-864 required because when the child is in the physical custody of the USC parent and an LPR, which the child becomes at entry and visa stamp, the child is automatically a USC.  Then mom goes and applies for a US passport.

The father will need to provide a notarized letter accepting the child is moving to the USA. 

End story. 

[milimelo 4,477]

28 minutes ago, onek said:

If both parents are US citizens, why can’t they go to the local embassy and report birth of US citizen abroad and get passport for the child?

Still need to have certain number of years in the US to pass citizenship. Mother has not lived in the US so she doesn't qualify and needs to do I-130 petition. 

[onek 306]

19 minutes ago, milimelo said:

Still need to have certain number of years in the US to pass citizenship. Mother has not lived in the US so she doesn't qualify and needs to do I-130 petition. 

Thanks for the clarification 

[HRQX 4,145]

11 hours ago, onek said:

If both parents are US citizens

Note that nowhere in the thread it says the child's father is a US citizen. Also, not stated if the child was born in wedlock. For more info from DOS: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

[onek 306]

1 hour ago, HRQX said:

Note that nowhere in the thread it says the child's father is a US citizen. Also, not stated if the child was born in wedlock. For more info from DOS: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

You are right. I misunderstood the US citizen father as boy’s father instead of mother’s father