I-130 visa

[Boiler 45,411]

20 minutes ago, Sana millwala said:

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

Strongly suggest  you go back and read the replies carefully.

[HRQX 4,145]

22 hours ago, SusieQQQ said:

Can’t domicile also mean showing intent to re-establish - not necessarily having to move back in advance? I’ve only heard of Montreal being particularly finicky about this, of course it has to be more than just “I’m going to move back”.

Isn't the US domicile (or intent to re-establish US domicile) requirement specific to Form I-864? https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos18 Also see 8 CFR § 213a.2

 

Thus, since this case doesn't require Form I-864 because the children would become citizens at entry (per INA 320), then the aforementioned US domicile is not required before they enter the US together in this case.

Edited January 23, 2021 by HRQX

[Boiler 45,411]

I assumed the issue is that is a family reunification visa.

[SusieQQQ 11,586]

1 hour ago, HRQX said:

Isn't the US domicile (or intent to re-establish US domicile) requirement specific to Form I-864? https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos18 Also see 8 CFR § 213a.2

 

Thus, since this case doesn't require Form I-864 because the children would become citizens at entry (per INA 320), then the aforementioned US domicile is not required before they enter the US together in this case.

Well - she needs domicile in the US both for the fact that the visa is family reunification, and for INA320 to work. 

[HRQX 4,145]

1 minute ago, SusieQQQ said:

Well - she needs domicile in the US both for the fact that the visa is family reunification, and for INA320 to work. 

In this case, OP entering the US either before or with the IR-2 children is sufficient. See the relevant regulations.

[SusieQQQ 11,586]

Just now, HRQX said:

In this case, OP entering the US either before or with the IR-2 children is sufficient. See the relevant regulations.

Ok... goes back to my asking whether intent alone was sufficient vs other posters saying she needed to properly establish it first. I don’t think OP actually realizes how much easier her case is compared to the average! 

[ProbeGT 47]

On 1/22/2021 at 12:56 PM, Sana millwala said:

15 and 13 years. I haven't filed US tax returns. I was 7 years when I moved to Pakistan.

Are your parents US citizens?

If so, how long did they live in the US before going back to Pakistan?

It is rare, but possible to derive US citizenship from grandparents if the US citizen parent does not have enough physical presence in the US.

[ProbeGT 47]

More info: https://www.wsj.com/articles/SB119249790610260189

[HRQX 4,145]

49 minutes ago, ProbeGT said:

It is rare, but possible to derive US citizenship from grandparents if the US citizen parent does not have enough physical presence in the US.

The citizenship isn't derived or passed down. The children naturalize pursuant to INA 322(b): "Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 1448(a) of this title, upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this chapter of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship."

 

https://www.uscis.gov/forms/all-forms/tip-sheet-applying-for-form-n-600k-application-for-certificate-of-citizenship "If your child is over 14 years of age, they will take the Oath of Allegiance. If your child is under the age of 14, we may not require them to take the Oath of Allegiance."

 

For that path the children would need to get B-2 visas and still overcome INA 214(b) presumption of intended immigration: https://fam.state.gov/fam/09fam/09fam040202.html "Naturalization under INA 322 is a permissible activity in B-2 status.  You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322.  The child must be under the age of 18 at the time INA 322 requirements are met.  The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization.  A child whose parents are residing abroad will generally overcome the presumption of intended immigration, provided that the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not."

Note that OP's first post said: "I want to return back to USA." I.e. move back to the US.

Edited January 25, 2021 by HRQX

[aaron2020 11,651]

1 hour ago, ProbeGT said:

Are your parents US citizens?

If so, how long did they live in the US before going back to Pakistan?

It is rare, but possible to derive US citizenship from grandparents if the US citizen parent does not have enough physical presence in the US.

Easier for OP to petition for her kids and for them to automatically gain US citizenship under the CCA.  Why go for something "rare, but possible" when they can go the easy and sure way?

[Chancy 6,241]

1 hour ago, aaron2020 said:

Easier for OP to petition for her kids and for them to automatically gain US citizenship under the CCA.  Why go for something "rare, but possible" when they can go the easy and sure way?

 

Plus the kids would need B2 visas which would be next to impossible to get, given the family's immigrant intent and that the US embassy in Islamabad has suspended routine B visa services.

 

[ProbeGT 47]

7 hours ago, aaron2020 said:

Easier for OP to petition for her kids and for them to automatically gain US citizenship under the CCA.  Why go for something "rare, but possible" when they can go the easy and sure way?

It would be cheaper, and quicker, assuming the OP had the requisite proof

 

Plus, technically you can't submit an I-130 for a US citizen beneficiary

5 hours ago, Chancy said:

 

Plus the kids would need B2 visas which would be next to impossible to get, given the family's immigrant intent and that the US embassy in Islamabad has suspended routine B visa services.

 

Do they have to come to the US first?

 

https://www.shusterman.com/citizenshipthroughparents2/

 

 

Edited January 25, 2021 by ProbeGT
typo

[SusieQQQ 11,586]

It’s really better to quote the manual and actual laws rather than newspaper articles and lawyer blogs ... especially a lawyer blog that ends with “It was the most complex citizenship case that I had handled in my career, ”

[aaron2020 11,651]

48 minutes ago, ProbeGT said:

It would be cheaper, and quicker, assuming the OP had the requisite proof

 

Plus, technically you can't submit an I-130 for a US citizen beneficiary

Do they have to come to the US first?

 

https://www.shusterman.com/citizenshipthroughparents2/

 

 

Please tell us what proof OP needs beyond her children's birth certificates to file I-130 petitions for them?  They're exempt from the financial requirements of the I-864.  

Kids aren't US citizens.  Mom  has been living in Pakistan since age 7 so she doesn't meet the physical presence requirement to pass on US citizenship to her kids.

To be blunt, you are simply wrong on this issue.   

[HRQX 4,145]

1 hour ago, ProbeGT said:

Do they have to come to the US first?

 

https://www.shusterman.com/citizenshipthroughparents2/

Yes, because OP's children case is extremely different then the case in that blog. If OP's children don't get B-2 visas then how will they meet INA 322(a)(5) requirement? "The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status." (And as aaron2020 mentioned above, the INA 320 path is way more straightforward for OP than INA 322)

1 hour ago, ProbeGT said:

It would be cheaper

Nope. Just the N-600K fee is $1170 for 1 child. Add the 2nd child's N-600K fee, DS-160 fees, round-trip flight for all three of them, US passport fees, additional one-way flight when they finally do move to US, etc.

 

By doing the better INA 320 path, OP doesn't have to pay USCIS Immigrant Fee since the children would be US citizens right after IR-2 entry:

Also, OP doesn't have to pay NVC's Affidavit of Support fees: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-3-pay-fees/nvc-fee-payment-faqs.html

Whos is not required to pay the AOS fee?

If you are not required to submit an Affidavit of Support form, you do not need to pay an AOS fee. For a list of scenarios that do not need to submit an Affidavit of Support form and do not need to pay an AOS fee, please visit https://nvc.state.gov/aos. The most common exemptions are for applicants with 40 quarters of creditable employment under the SSA and for applicants who will immediately gain U.S. citizenship upon entry to the U.S. under the Child Citizenship Act of 2000.

 

So just I-130 fees, IV fees, medical exam fees, one-way flight, and US passport fees.

1 hour ago, ProbeGT said:

Plus, technically you can't submit an I-130 for a US citizen beneficiary

First of all, the children in this case clearly are not US citizens right now. Furthermore, USCIS doesn't determine whether or not a beneficiary is a US citizen when processing Form I-130. It's up to the CO at visa interview to determine that, per 9 FAM 301.3-3. Sometimes the CO still makes a mistake:

(The case above is also completely different than OP's children case. In the case above, the child was born a US citizen. As already mentioned, OP's children are not currently US citizens.)

Edited January 25, 2021 by HRQX