I-130 For Daughter, Solutions for 1/2 Sister and Ex?

[Reds89z 5]

21 minutes ago, aaron2020 said:

To clarify.

You made a mistake filing an I-130 for your daughter.   With a claim to US citizenship, she does not qualify to be petitioned with an I-130.  USCIS should properly deny the I-130 petition if they determine that she has a claim to US citizenship.  If they miss it and she goes for an interview at the US Embassy, they will deny her a visa because she has a claim to US citizenship.

 

The proper path for her is for you to file a Consular Report of Birth Abroad of a US citizen and obtain a US passport for her.  

Thanks for the information.  I looked at the CRBA but it seems like it would be used if I (the father) was living abroad at the time of birth, which I was not.  But definitely an avenue to explore to get this done.   

 

The reason I filed the I-130 is because I was told to by the local USCIS office.  Thinking she was a US citizen by birth, I filed an N-600 for her and they denied us at the interview.  They told me that since she is living abroad, we need to file the I-130 and can concurrently file the I-485.  Information about filing the I-485 concurrently is mentioned in the instructions on page 20.
 

[aaron2020 11,651]

5 minutes ago, Reds89z said:

Thanks for the information.  I looked at the CRBA but it seems like it would be used if I (the father) was living abroad at the time of birth, which I was not.  But definitely an avenue to explore to get this done.   

 

The reason I filed the I-130 is because I was told to by the local USCIS office.  Thinking she was a US citizen by birth, I filed an N-600 for her and they denied us at the interview.  They told me that since she is living abroad, we need to file the I-130 and can concurrently file the I-485.  Information about filing the I-485 concurrently is mentioned in the instructions on page 20.
 

Filing the CRBA does not require the father to be living abroad at the time of birth.  Many men living in the US at the time of their children's births have successfully file the CRBA.

 

The local USCIS office is not the proper place to get legal advice.  That's not their job.  Their job is to process forms filed with them; not to give legal advice on what to file.

 

Filing the N-600 was a mistake.  Your child needs a CRBA.

 

The I-485 is to adjust status for someone in the US who would not have a claim to US citizenship.  This wouldn't work for your daughter at all.

 

The correct path for your daughter is the CRBA and getting her a US passport.  

Edited April 21, 2021 by aaron2020

[Crazy Cat 42,033]

4 minutes ago, Reds89z said:

 They told me that since she is living abroad, we need to file the I-130 and can concurrently file the I-485.  Information about filing the I-485 concurrently is mentioned in the instructions on page 20.

An I-485 is not appropriate for a person outside the US.......I'm surprised they said otherwise.

[Chancy 6,243]

27 minutes ago, Reds89z said:

Thinking she was a US citizen by birth, I filed an N-600 for her and they denied us at the interview.

 

Since you do not have custody of your minor child, it was a mistake to file the N-600.  A requirement of the N-600 for children below 18 years old is that they must be residing in the US in the legal and physical custody of their US citizen parent.  Based on the information you've shared so far, I'm not surprised that the N-600 for your daughter was denied.

 

Follow aaron2020's advice and apply for CRBA for your daughter.  The US embassy in Moscow has monthly slots for CRBA appointments.

 

[Reds89z 5]

3 minutes ago, Chancy said:

 

Since you do not have custody of your minor child, it was a mistake to file the N-600.  A requirement of the N-600 for children below 18 years old is that they must be residing in the US in the legal and physical custody of their US citizen parent.  Based on the information you've shared so far, I'm not surprised that the N-600 for your daughter was denied.

 

Follow aaron2020's advice and apply for CRBA for your daughter.  The US embassy in Moscow has monthly slots for CRBA appointments.

 

All points you listed were made very clear to me after the interview.  Yes, it was a mistake and waste of time and money.  I'm sure a lot of contributors here have gone through many trials and tribulations regarding immigration, and maybe a mistake or two that set them back temporarily.  I should have found this forum before filing it and got schooled then, but I'm here now, smarter than I was before and ready to get this done.  

[NigeriaorBust 4,087]

  Just to leave no stone unturned ,  where was your daughter born ?  Here or outside the US?   Opps that was in post 1.   So the daughter could file for the mother when she is 21 , also for the half sister. 

 

Edited April 21, 2021 by NigeriaorBust

[Chancy 6,243]

5 minutes ago, Reds89z said:

I'm sure a lot of contributors here have gone through many trials and tribulations regarding immigration, and maybe a mistake or two that set them back temporarily.  I should have found this forum before filing it and got schooled then, but I'm here now, smarter than I was before and ready to get this done.  

 

I can so relate to the regret of not finding this forum sooner.  And even after I joined VJ, I regret not acting fast enough on what I learned here.  I've made mistakes with our visa process that cost my family many months of separation that continues even now.  I hope that by sharing lessons learned here, I can spare other readers from the same pain even a little.

 

Good luck on this new chapter of your family's US story.

 

[aaron2020 11,651]

1 minute ago, NigeriaorBust said:

  Just to leave no stone unturned ,  where was your daughter born ?  Here or outside the US? 

OP stated in his first post that his daughter was not born in the US.

[aaron2020 11,651]

1 minute ago, Chancy said:

 

I can so relate to the regret of not finding this forum sooner.  And even after I joined VJ, I regret not acting fast enough on what I learned here.  I've made mistakes with our visa process that cost my family many months of separation that continues even now.  I hope that by sharing lessons learned here, I can spare other readers from the same pain even a little.

 

Good luck on this new chapter of your family's US story.

 

So right.

So many of us have had to endure family separation.  Sharing our knowledge to prevent another family from having to experience unnecessary separation and quickly reunite them is why I post on VJ.  

[Reds89z 5]

9 minutes ago, Chancy said:

 

I can so relate to the regret of not finding this forum sooner.  And even after I joined VJ, I regret not acting fast enough on what I learned here.  I've made mistakes with our visa process that cost my family many months of separation that continues even now.  I hope that by sharing lessons learned here, I can spare other readers from the same pain even a little.

 

Good luck on this new chapter of your family's US story.

 

Thank you and I appreciate yours and everyone's help today.   

[Boiler 45,899]

How old is she?

[Reds89z 5]

Just now, Boiler said:

How old is she?

11

[Boiler 45,899]

She is a US Citizen

 

Getting a passport with her Mother blocking may not be possible

 

She can sponsor her mother when she is 21, and her Sister but her Sister would take a really long time.

 

Meanwhile if Mother and Sister want to move to the US they need to find their own ways.

 

 

Edited April 21, 2021 by Boiler

[SalishSea 18,064]

3 hours ago, Reds89z said:

My daughter is living with her mom in Russia.  That's what I was seeing per the instructions on each form.  I guess the only way they could enter the US is by a DS-160 nonimmigrant visa application?

Entering on a B visa with the intent to adjust status is ILLEGAL.  

[aaron2020 11,651]

2 hours ago, Reds89z said:

11

You will want to get moving on the CRBA and US passport.  Once she turns 18, it will be WAY HARDER if not impossible to get proof that she's a US citizen by birth.  She will be in limbo.