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

[SteveInBostonI130 3,477]

3 hours ago, Reds89z said:

11

As @aaron2020 mentioned several times, you need to pursue CRBA.  It is form DS-2029.  And form DS-11 for the passport application for your child.  I believe you also need to complete form DS-3053 as well to get her a US Passport without you being there.  Good news is that Moscow embassy has resumed US citizen services, and CRBA as well.

 

https://ru.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

 

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Please bring all of the documents with copies.  It will get you through the process quickly!

• Consular Report of Birth Abroad Application (CRBA) DS-2029 (PDF, 104Kb)  (completed online and printed out).  Please complete all required items for BOTH parents and please do NOT sign it.
• Passport Application Form DS-11 (completed online and printed out). Please include address in Russia in item 7 and please do NOT sign it.
• Parental Consent Form (if applicable)  DS-3053. According to U.S. law, both parents must be present in order to apply for all minor’s (under 16) U.S. passport services.
• One Passport Photo.
• Proof of Citizenship for the U.S. Citizen Parent  (original and a copy): U.S. Passport; or U.S. Birth Certificate; or U.S. Naturalization Certificate, or U.S. Certificate of Citizenship.
• Parental proof of identity (original and a copy):  A valid US or foreign passport.  A professional translation must be provided if the latter does not contain an English version of data.
• Child’s original Russian Birth Certificate (original and a copy).  A professional translation must be provided.  Please note: Birth certificates that are issued by a hospital or other medical institution will NOT be accepted.
• Parent’s Marriage Certificate (if parents are married) (original and a copy):   issued by local, state, or national government authorities. Church/Religious certificates are not acceptable.  A professional translation must be provided if the document is in a language other than English.
• Divorce Decrees/Death Certificates (if applicable) (original and a copy): you will need to demonstrate the termination of all prior marriages for both parents.  A professional translation must be provided if the document is in a language other than English.
• Evidence of Physical Presence in the United States. In the event that the child has one U.S. citizen parent,  proof of the U.S. citizen parent’s physical presence (five years) in the United States such as: transcripts from high school and college; wage statement & tax returns; separation  statement military (DD214-military members only).
• Fees
  The processing fee for a CRBA application is $100, and the processing fee for a U.S. Passport application is $115.  Fees must be paid in cash or by credit card, and are payable either in U.S. Dollars or the Ruble equivalent.  Please note that the full U.S. passport fee will not be collected until after the CRBA application is adjudicated.  If the CRBA application is denied, the U.S. passport application will not be adjudicated.

 

 

Now, here comes the tricky part.  You said your Ex does not want your daughter to immigrate without her.   You will need her (ex-wife) cooperation to get the US passport for your child.  Hopefully she will agree.  

 

If your ex does not agree, then your child can actually apply by herself at age 16.  I hope someone here from Russia can confirm.  The information on how to do so is here:

 

https://ru.usembassy.gov/u-s-citizen-services/passports/first-time-passport-applicant-16/

 

Note, the section title says "Over age 16", but it applies to 16 year olds.  

 

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• A parent should accompany minors ages 16-17 or provide a signed statement consenting to issuance of a passport (should be accompanied by a photocopy of that parent’s ID);
• Adults 18 years and older can apply for US passport alone.

 

[aaron2020 11,651]

OP is going to need his ex-wife to cooperate to get their daughter a CRBA and US passport.  Mom can always hold on to the US passport.

The daughter coming to live in the US is another matter.  Something to be discussed with his ex-wife since the ex-wife and her other daughter have no path to come live in the US.  

[Reds89z 5]

Luckily, my ex-wife is cooperating and we both want our daughter to get US citizenship.  

[igoyougoduke 1,674]

just file CRBA. Case closed. 

[PhilJoe 1]

6 hours ago, Boiler said:

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.

 

 

If the little sister is still less than 18yo when the Mother gets her visa, couldn't the Mother name her as a derivative to her visa and accompany the Mother to the US?

 

Edited April 22, 2021 by PhilJoe
Sorry, went back to the original post and saw the girlsa.re only 2 years apart.

[Boiler 45,900]

What visa is the Mother getting?

[PhilJoe 1]

The US Citizen daughter can sponsor her mom when she turns 21 but the younger sister would be too old to attach to the Mom's visa.

 

[aaron2020 11,651]

9 minutes ago, PhilJoe said:

If the little sister is still less than 18yo when the Mother gets her visa, couldn't the Mother name her as a derivative to her visa and accompany the Mother to the US?

 

3 minutes ago, PhilJoe said:

The US Citizen daughter can sponsor her mom when she turns 21 but the younger sister would be too old to attach to the Mom's visa.

 

When a US citizen petitions for a parent, only the parent is eligible for a visa.  Derivative beneficiaries are not allowed.  The younger sister's age would not matter. 
 

Edited April 22, 2021 by aaron2020

[Nitas_man 3,100]

On 4/21/2021 at 10:20 AM, Reds89z said:

Yes on both.  

You need to apply for a CRBA.  Instructions posted above.  There is no need to petition or sponsor or process anything else for a USC child.

Unfortunately it takes both parents, sounds like the ex is holding one over your head to benefit herself and the other.

 

Edited April 23, 2021 by Nitas_man