Petitioning my wife and my child

[BKNnets 4]

Hello,

 

I would like to petition my wife and my  3 year old kid to come here in the US. We are married for 4 years now. And I just came back here in the US last February 19, 2021. I am a US citizen and been working as a nurse for about a month now in New York. Am I too early to file for a petition? I know my salary is not enough now but my sister is willing to be the co sponsor. Hope to get answers about my inquiry.

 

Thank you,

[JKLSemicolon 425]

If your child is a U.S. citizen, he/she will not need a separate petition, so you will only need to file the petition for your wife.

 

You can file the petition as soon as you are able to provide all of the required evidence. You might want to start here:

 

Note that the Affidavit of Support (where you will need to provide financial documentation) is not needed until after the case is approved by USCIS and goes to the National Visa Center, so don't let that stop you from filing. Having a joint sponsor lined up is a good idea in any case.

Edited April 5, 2021 by JKLSemicolon

[SalishSea 18,182]

1 hour ago, BKNnets said:

Hello,

 

I would like to petition my wife and my  3 year old kid to come here in the US. We are married for 4 years now. And I just came back here in the US last February 19, 2021. I am a US citizen and been working as a nurse for about a month now in New York. Am I too early to file for a petition? I know my salary is not enough now but my sister is willing to be the co sponsor. Hope to get answers about my inquiry.

 

Thank you,

You’re an RN?   Your salary should be several times the FPL if so.

[BKNnets 4]

12 hours ago, Jorgedig said:

You’re an RN?   Your salary should be several times the FPL if so.

Yes I'm an RN been working for a month now.

[BKNnets 4]

12 hours ago, JKLSemicolon said:

If your child is a U.S. citizen, he/she will not need a separate petition, so you will only need to file the petition for your wife.

 

You can file the petition as soon as you are able to provide all of the required evidence. You might want to start here:

 

Note that the Affidavit of Support (where you will need to provide financial documentation) is not needed until after the case is approved by USCIS and goes to the National Visa Center, so don't let that stop you from filing. Having a joint sponsor lined up is a good idea in any case.

My child is not a US citizen. He is born in the Philippines. I was going to file for CRBA but I don't have enough papers to file that. 

[seekingthetruth 1,248]

1 hour ago, BKNnets said:

My child is not a US citizen. He is born in the Philippines. I was going to file for CRBA but I don't have enough papers to file that. 

If your child is your blood child, you need to do the CRBA.  They can't give a visa to someone think is a USC.  They will consider the child a U.S. citizen if you say the child is your blood child.  Not really such a thing as "not enough papers" as they can ask for a DNA test if the want to know for sure.

 

 

If the child is not your blood child, you can file for a step-child, but that also requires evidence of relationship.

[payxibka 10,047]

5 hours ago, BKNnets said:

I was going to file for CRBA but I don't have enough papers to file that. 

What does this mean?

[BKNnets 4]

11 minutes ago, payxibka said:

What does this mean?

I read somewhere here in the forum that you need to be in the US for five years prior to the child to be born to be able to file CRBA. So I worked at retail shoe store from 2009 to 2012 and army national guard from 2013 to 2016. The thing is my 2012 tax file is missing and I can't produce another copy that's why I didn't start or file CRBA at all. I then stayed in the Philippines from march 2016 to february 2021. I got married in the Philippines in March 2017 and my child was born in August 2017. 

[aaron2020 11,651]

53 minutes ago, BKNnets said:

I read somewhere here in the forum that you need to be in the US for five years prior to the child to be born to be able to file CRBA. So I worked at retail shoe store from 2009 to 2012 and army national guard from 2013 to 2016. The thing is my 2012 tax file is missing and I can't produce another copy that's why I didn't start or file CRBA at all. I then stayed in the Philippines from march 2016 to february 2021. I got married in the Philippines in March 2017 and my child was born in August 2017. 

You lived in the US from 2009 to 2016.  You lived in the US for more than 5 years before the birth of your child.  Your child was born a US citizen.  You absolutely need to file a CRBA and get a US passport for your child.  The US Embassy will not issue an immigration visa for your child.

 

If you filed an 2012 tax return, then get a US tax transcript from the IRS.

You can file an I-130 petition for your wife right now.  It will take 12-18 months for her to get an immigration visa.  The I-864 requiring your financial information is not required until you get to the NVC stage which is going to be 6-12 months from filing.  Your sister can be the Joint Sponsor.  

[BKNnets 4]

3 hours ago, aaron2020 said:

You lived in the US from 2009 to 2016.  You lived in the US for more than 5 years before the birth of your child.  Your child was born a US citizen.  You absolutely need to file a CRBA and get a US passport for your child.  The US Embassy will not issue an immigration visa for your child.

 

If you filed an 2012 tax return, then get a US tax transcript from the IRS.

Is it possible to use my old and current passports stamps to show that I have live in the US? The irs only goes 3 years back for the tax returns

[SalishSea 18,182]

11 hours ago, BKNnets said:

Yes I'm an RN been working for a month now.

Full-time RN salaries are several times the FPL, even for those new to the profession.  

[pushbrk 13,143]

6 hours ago, BKNnets said:

Is it possible to use my old and current passports stamps to show that I have live in the US? The irs only goes 3 years back for the tax returns

You need a complete discussion of your CRBA issue.  It sounds as if you definitely are able to pass citizenship to the child.  If the issue is documenting that, there are multiple ways besides tax returns.  Your child cannot get an immigrant visa.  US Citizens cannot "immigrate" to the USA.  Start working through the CRBA requirements and then tell us exactly the facts of the case and the issues you need solved.

Start now with a life timeline for yourself.  

 

Where and when were you born?  On what basis are you a US Citizen, if not born in the USA

When did you start and stop living in the USA?

Then, add the information you already gave about your marriage and child's date of birth, so it's easy to see in one place.

 

Yes, for example there are multiple ways to show evidence of your US residence, not just tax returns.

Edited April 6, 2021 by pushbrk

[pinaydiver 16]

Sounds like you definitely need to file CRBA for child.  Please know,  that even you don't think you have the enough documentary requirements to support your child's claim to citizenship. The embassy will still require a "denied" CRBA before they can process an immigrant visa for your son.  So might as well get that going now,  from what you've mentioned, CRBA can be issued as you clearly lived in the US more than 5 years before the birth. Goodluck

[Nitas_man 3,100]

17 hours ago, BKNnets said:

Is it possible to use my old and current passports stamps to show that I have live in the US? The irs only goes 3 years back for the tax returns

Old passports and school records is what I used

Surely you have some record of national guard service?

I didn’t use tax returns.  You can live anywhere, on another planet, and file tax returns with a US address. 

What IS proof that you were physically present in the US are the W2’s that go with the tax return that show the address of your employer.  Can’t live on one planet and show up to work on Main Street in Dumptruck, USA.  
Passport records, employment records, address records, military records, school records that show your physical location are helpful.  You may not be able to get tax records from the IRS however your social security statement goes back to the first dollar you ever paid.  Have you signed up and downloaded that?

The drone at the embassy actually said my college transcript wasn’t proof I was in the US the whole time, until she discovered I never had a passport between 1974 (yep, I had that one) and 2006 and I asked her “where you think I went?) 

Edited April 7, 2021 by Nitas_man