Affidavit of support / adopted children (merged)

[GNGK 0]

Good evening, can someone please offer any advice for our situation, our details are: 

 

US Citizen - F 

UK Citizen - M

Married six years living in the UK - US wife has IRL 

Want to relocate now back to the US (West Coast)

 

One of the questions I have is around our children, we have three adopted children (under six year old), we assumed that like biological children our adopted children would gain dual citizenship through my wife however we have read conflicting information on this and I wanted to see if anyone on here had gone through this? I have read that we will need to apply for I130 for each of them (at £600 a time each) is that right?

 

Any guidance on this would be greatly appreciated. 

 

[Coco8 1,042]

Hi! I think this guide would be useful:

https://www.alllaw.com/articles/nolo/us-immigration/how-foreign-born-adopted-children-get-citizenship.html#:~:text=If you are a U.S.,is eligible for U.S. citizenship.&text=If you are residing abroad,once certain requirements are met.

 

Because your wife has not kept a US address (I'm guessing, because you've been living in the UK), you have to go down to where it says "Citizenship Through I.N.A. Section 322. If you do not live in the United States but you want your adopted child to have U.S. citizenship, you can submit an application to have your child naturalized. ..."

 

Maybe others can chime in. I don't have experience with this. I do know of a friend that had a similar case and followed that process.

 

[databit 328]

Re the issue of Domicile: 

 

Has she been filing her required annual US taxes? Even if she didn't earn money, there is joint income. Obviously as married, should have filed either MFJ or MFS, and were the children listed? If she hasn't been filing, she should backfile for at least the last 3 years, and now for 2020 taxes, too.

[aaron2020 11,651]

On 1/2/2021 at 1:33 PM, GNGK said:

Good evening, can someone please offer any advice for our situation, our details are: 

 

US Citizen - F 

UK Citizen - M

Married six years living in the UK - US wife has IRL 

Want to relocate now back to the US (West Coast)

 

One of the questions I have is around our children, we have three adopted children (under six year old), we assumed that like biological children our adopted children would gain dual citizenship through my wife however we have read conflicting information on this and I wanted to see if anyone on here had gone through this? I have read that we will need to apply for I130 for each of them (at £600 a time each) is that right?

 

Any guidance on this would be greatly appreciated. 

 

Your wife will need to file separate I-130 for each adopted child.  Upon entering the US with their immigration visas to live with her in the US, the children will automatically gain US citizenship.  This is the quickest and best way to do this.

Naturalization abroad based on adoption is not a common process and is inefficient since your family intends to move to the US.  Naturalization will cost as much as filing the I-130.  

[Coco8 1,042]

On 1/4/2021 at 6:17 PM, aaron2020 said:

Your wife will need to file separate I-130 for each adopted child.  Upon entering the US with their immigration visas to live with her in the US, the children will automatically gain US citizenship.  This is the quickest and best way to do this.

Naturalization abroad based on adoption is not a common process and is inefficient since your family intends to move to the US.  Naturalization will cost as much as filing the I-130.  

 

But the link I provided says they can enter with visitors visa, that it's allowed.

[aaron2020 11,651]

6 minutes ago, Coco8 said:

 

But the link I provided says they can enter with visitors visa, that it's allowed.

They are intending to immigrate, so they can not enter the US with visitor visas.  It is immigration fraud to enter the US on visitor visas with the intent to immigrate.   

Furthermore, lacking LPR status means they will not qualify for derivative US citizenship under the Child Citizenship Act.  Being adopted children of a US citizen while living in the US is not enough to derive US citizenship.

The bottom line is that their adopted kids needs I-130s start the immigration process to the US AND LPR status to derive US citizenship under the CCA.  

Edited January 7, 2021 by aaron2020

[jan22 3,056]

And, the adoptions must meet all of the USCIS requirements for immigration.  If you haven't already done so, you should check out the following link from the Department of State: https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/UnitedKingdom.html

[SusieQQQ 11,586]

 

On 1/6/2021 at 8:45 PM, Coco8 said:

 

But the link I provided says they can enter with visitors visa, that it's allowed.

 

On 1/6/2021 at 8:49 PM, aaron2020 said:

They are intending to immigrate, so they can not enter the US with visitor visas.  

@Coco8 - FYI - Using a B visa for automatic naturalization of a child living abroad is the correct route IF the child will remain abroad - the child is not immigrating in this case so immigrant intent is not an issue. It is just used for the purposes of entering the US to take the oath and finalize citizenship, then the child will return overseas. This is the section INA322 referred to. But, OP wishes to relocate to the US/immigrate so in this case an i130 is required as the child will need to enter as an LPR to automatically naturalize once in the US, under INA320.  (Assuming the adoption meets requirements of course.)

 

[GNGK 0]

Hello all, can anyone please advise. We are preparing to begin our applications to relocate to the US, one of the things we are trying to figure out is the affidavit of support, the plan right now is to have my father in law provide this for my application. However what we cant seem to find out is if our children will also need to have the affidavit of support from my father in law as well? Does he have to cover all four of us or is it just me? All my children are under 10 and as they get citizenship through my wife we are not sure where we stand on this? 

 

Anyone else been through this please. 

[payxibka 10,045]

4 hours ago, GNGK said:

Hello all, can anyone please advise. We are preparing to begin our applications to relocate to the US, one of the things we are trying to figure out is the affidavit of support, the plan right now is to have my father in law provide this for my application. However what we cant seem to find out is if our children will also need to have the affidavit of support from my father in law as well? Does he have to cover all four of us or is it just me? All my children are under 10 and as they get citizenship through my wife we are not sure where we stand on this? 

 

Anyone else been through this please. 

Only intending immigrants, USCs do not need an affidavit

[KVAJDVC 3]

Submitting an Affidavit of Support

I think the lines in bold may apply to your case. The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:

• All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
  • First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
  • Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
  • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
  • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
• Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

[SalishSea 17,837]

18 minutes ago, Khan Vez Ahmad said:

Submitting an Affidavit of Support

I think the lines in bold may apply to your case. The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:

• All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
  • First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
  • Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
  • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
  • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
• Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

Incorrect.   If the children are USCs, then they do not need visas or sponsorship.

[Dashinka 24,513]

1 hour ago, Jorgedig said:

Incorrect.   If the children are USCs, then they do not need visas or sponsorship.

Agreed, the children would not need an immigration visa therefore no affidavit of support, but if the family will be living with the FIL joint sponsor, they may need to be included in the household size. 

[SalishSea 17,837]

2 hours ago, Dashinka said:

Agreed, the children would not need an immigration visa therefore no affidavit of support, but if the family will be living with the FIL joint sponsor, they may need to be included in the household size. 

Not USCs.

[GNGK 0]

3 hours ago, Jorgedig said:

Not USCs.

Hi thanks for the feedback, our children are not US citizens yet (adopted children) so do you know if that would make a difference?