I-130 visa

[Sana millwala 0]

2 hours ago, aaron2020 said:

No one is coming down on OP.

She mentioned not having visited the US for 30 years and coming for a few months.  That's not living in the US.  That seems to imply she would visit for a few months.  That is why I mentioned that she needed more than just an address to prove domicile.  If she is visiting the US, then her children do not qualify for US citizenship under the CCA.  The CCA requires the immigrating children to come to the US to live with their USC parent.  Not all of them just visiting the US.  

Will I need a cosponsor if I apply from pakistan. Because I need to show financial status for sponsoring directly. Which I don't meet. And even if I visit for 6 months or more I might not be able to make the required status for sponsoring.

[Sana millwala 0]

3 hours ago, SusieQQQ said:

Well in that case I don’t know why everyone was coming down on OP for saying she wanted to stay in the US a few months first. A few months is plenty of time to get a lease, a bank account, utility bills, a driver license, a job, etc. .....as any immigrant can tell you....

 

One thing that hasn’t been mentioned yet is that if the father is still around his permission might be needed for the kids to get visas. Not sure what the specifics for Pakistan are.

My intention is to bring them to USA permanently. But my financial status does not meet the visa requirement.

[SusieQQQ 11,586]

37 minutes ago, Sana millwala said:

Will I need a cosponsor if I apply from pakistan. Because I need to show financial status for sponsoring directly. Which I don't meet. And even if I visit for 6 months or more I might not be able to make the required status for sponsoring.

Aaron already explained that you don’t. Because your children are under 18, they will automatically become citizens when they enter on immigrant visas if they will be living in the US in the physical and legal custody a citizen parent (you). So they don’t need to be financially sponsored at all. This is in the i864 (the sponsorship form) instructions -https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf if you look at the bottom of page 1 on who does not need to submit i864, it includes “ Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);“. This is what applies to your children. So the only thing you need to worry about it domicile - proving you live there (not “visiting”).

 

 

 

 

Edited January 23, 2021 by SusieQQQ

[SusieQQQ 11,586]

36 minutes ago, Sana millwala said:

My intention is to bring them to USA permanently. But my financial status does not meet the visa requirement.

Your financial status doesn’t matter. Please read the post above properly.

[Sana millwala 0]

10 hours ago, SusieQQQ said:

Your financial status doesn’t matter. Please read the post above properly.

Is it possible I apply i130 while staying in pakistan.

[Sana millwala 0]

11 hours ago, SusieQQQ said:

Aaron already explained that you don’t. Because your children are under 18, they will automatically become citizens when they enter on immigrant visas if they will be living in the US in the physical and legal custody a citizen parent (you). So they don’t need to be financially sponsored at all. This is in the i864 (the sponsorship form) instructions -https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf if you look at the bottom of page 1 on who does not need to submit i864, it includes “ Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);“. This is what applies to your children. So the only thing you need to worry about it domicile - proving you live there (not “visiting”).

 

 

 

 

I am living in pakistan right now. How long will I have to stay in USA and how much income will I have to show?

[Sana millwala 0]

18 hours ago, aaron2020 said:

The immigration process does not start with you applying for visas for your kids.

You start the immigration process for them by filing separate I-130 for them with USCIS.  After USCIS approves the I-130 petitions in 6-12 months, they are forwarded to the NVC.  At the NVC, your kids will file DS-260 immigrant visa applications.  You will be exempt from the I-864 since your kids will automatically become US citizens upon entering the US with immigrant visas.  You will need to show a US domicile.  After you supply the required documents, your children will be scheduled for visa interviews at a US Embassy or US Consulate.  After their visa interviews, they will get IR-2 immigrant visas for unmarried children under age 21 petitioned by a US citizen parent.  VisaJourney has Guides on how to go through the process.  Upon entering the US with their immigrant visas, your children under age 18 automatically become US citizens and can apply for US passports.

Do I have to come and live in the US? To apply for that

[Sana millwala 0]

Can I apply for my kids from Pakistan? Before moving to US and bring them together with me?

[milimelo 4,471]

4 minutes ago, Sana millwala said:

Can I apply for my kids from Pakistan? Before moving to US and bring them together with me?

Yes, form I-130 can be completed and filed online. Hopefully you have a credit card to also pay the fees (2x I-130 fee) online. 

[carmel34 3,615]

1 hour ago, Sana millwala said:

I am living in pakistan right now. How long will I have to stay in USA and how much income will I have to show?

You have two choices for the income requirement-- 1, you return to the US a few months before the anticipated visa interview (a good time to move back would be after the I-130 petitions are approved, but often there are delays at the NVC stage or embassy stage, especially with Pakistan often there are extended wait times for administrative processing), so you can establish US domicile, get a job in the US that satisfies the income requirements for your household size, I would recommend at least six months of pay stubs showing annualized income well over the minimum 125% of poverty guidelines depending on household size prior to the children's' visa interviews in Islamabad.  2. If you cannot find a job that earns that much, you will need a qualified joint sponsor in the US. In my opinion, it will be very difficult for you to stay in Pakistan and show evidence of intent to re-establish US domicile because you are not living in Pakistan temporarily.  Per the USCIS website:

 

If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

 

 Some helpful information below.  Good luck!

 

https://www.uscis.gov/i-864

 

https://www.uscis.gov/i-864p

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

 

 

[SusieQQQ 11,586]

1 hour ago, carmel34 said:

You have two choices for the income requirement-- 1, you return to the US a few months before the anticipated visa interview (a good time to move back would be after the I-130 petitions are approved, but often there are delays at the NVC stage or embassy stage, especially with Pakistan often there are extended wait times for administrative processing), so you can establish US domicile, get a job in the US that satisfies the income requirements for your household size, I would recommend at least six months of pay stubs showing annualized income well over the minimum 125% of poverty guidelines depending on household size prior to the children's' visa interviews in Islamabad.  2. If you cannot find a job that earns that much, you will need a qualified joint sponsor in the US. In my opinion, it will be very difficult for you to stay in Pakistan and show evidence of intent to re-establish US domicile because you are not living in Pakistan temporarily.  Per the USCIS website:

 

If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

 

 Some helpful information below.  Good luck!

 

https://www.uscis.gov/i-864

 

https://www.uscis.gov/i-864p

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

 

 

She doesn’t need to meet any income requirement. Her children will be an exception to having to file an i864. She’s been told this by different posters and referred to i864 instructions proving it and I don’t know why she keeps ignoring it.

Edited January 23, 2021 by SusieQQQ

[SusieQQQ 11,586]

3 hours ago, Sana millwala said:

Is it possible I apply i130 while staying in pakistan.

Yes. It may take around a year for the application to be processed /before they are scheduled for interview. Possibly even longer.

[Sana millwala 0]

37 minutes ago, SusieQQQ said:

Yes. It may take around a year for the application to be processed /before they are scheduled for interview. Possibly even longer.

Ok. Thanks for your response

[Sana millwala 0]

1 hour ago, SusieQQQ said:

She doesn’t need to meet any income requirement. Her children will be an exception to having to file an i864. She’s been told this by different posters and referred to i864 instructions proving it and I don’t know why she keeps ignoring it.

Even though I'm not in USA? I have young kids and would prefer travelling with them.

[Chancy 6,241]

4 hours ago, Sana millwala said:

Can I apply for my kids from Pakistan? Before moving to US and bring them together with me?

 

You may file the petition for your children from outside the US.  There is even an online form that makes this convenient.