Trying to bring my family from Australia to the US

[Daniel2088 0]

 I was born in the US and lived there most of my life. I eventually moved to Australia and got married there and now have a family with two daughters. I'm trying to figure out the best way to bring my family back to the US. Would my kids get citizenship through acquisition? Or would I have to submit the i-130 form? Also would it be better to petition my wife to get her green card first and then my kids? Sorry I'm pretty new to a lot of this. Any other type of advice would be greatly appreciated!

[JeanneAdil 6,655]

1st  you will get a lot of questions now

how long have you been outside the US / this is to see if kids can have citizenship?

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

you would apply for the spouse visa for the wife I 130 / hit the word guides above to see the process/  it can be done online

 

2nd question-  do u have US residency or can establish it?

3rd question- do u have a US income that will satisfy the income affidavit for household of 4 (plus any children of a former marriage)?

 

answer those and the VJ community will get started to answer all things

[SusieQQQ 11,587]

1 hour ago, Daniel2088 said:

 I was born in the US and lived there most of my life. I eventually moved to Australia and got married there and now have a family with two daughters. I'm trying to figure out the best way to bring my family back to the US. Would my kids get citizenship through acquisition? Or would I have to submit the i-130 form? Also would it be better to petition my wife to get her green card first and then my kids? Sorry I'm pretty new to a lot of this. Any other type of advice would be greatly appreciated!

If you lived most of your life in the US I presume that covers 5 years including 2 past the age of 14, which means you can pass citizenship to your children at birth. Look up CRBA on your local US consulate website to see what documentation you need to provide to establish this; you will apply for both CRBA and passport for them. One question regarding this: are your kids are still under 18?

for your wife you’ll need to file an I130. Expect the process to take up to 2 years at the moment. There are guides to the process at the top of the page. 

[SusieQQQ 11,587]

This will describe what you need to look at for your kids (assuming they are still under 18]

 

https://au.usembassy.gov/u-s-citizen-services/birth/

 

https://au.usembassy.gov/u-s-citizen-services/birth/transmit-citizenship/

 

https://au.usembassy.gov/u-s-citizen-services/birth/crba-application/

don’t forget to apply for US passports for them too.

 

Edited August 30, 2021 by SusieQQQ

[Daniel2088 0]

2 hours ago, JeanneAdil said:

1st  you will get a lot of questions now

how long have you been outside the US / this is to see if kids can have citizenship?

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

you would apply for the spouse visa for the wife I 130 / hit the word guides above to see the process/  it can be done online

 

2nd question-  do u have US residency or can establish it?

3rd question- do u have a US income that will satisfy the income affidavit for household of 4 (plus any children of a former marriage)?

 

answer those and the VJ community will get started to answer all things

1st. I have been outside of the US for 8 years now

2nd. I can establish US residency. My parents and my brothers all live there still.

  3rd. I don't have a US income currently as I'm working in Australia. But when move back I can get a job that would support my family.

[Daniel2088 0]

7 hours ago, SusieQQQ said:

If you lived most of your life in the US I presume that covers 5 years including 2 past the age of 14, which means you can pass citizenship to your children at birth. Look up CRBA on your local US consulate website to see what documentation you need to provide to establish this; you will apply for both CRBA and passport for them. One question regarding this: are your kids are still under 18?

for your wife you’ll need to file an I130. Expect the process to take up to 2 years at the moment. There are guides to the process at the top of the page. 

Yes, my kids are 5 years old and 2 years old. One other question, they currently have Australian citizenship. Will they be able to get dual citizenship? They wouldn't have to give up their Australian citizenship?

[carmel34 3,655]

4 minutes ago, Daniel2088 said:

Yes, my kids are 5 years old and 2 years old. One other question, they currently have Australian citizenship. Will they be able to get dual citizenship? They wouldn't have to give up their Australian citizenship?

Go to the US embassy in Australia to apply for US passports for the children.  They are already dual citizens, they just need the US passports as evidence of such. I-130 for your spouse, that process takes 1-2 years.  Good luck!

[SusieQQQ 11,587]

29 minutes ago, Daniel2088 said:

Yes, my kids are 5 years old and 2 years old. One other question, they currently have Australian citizenship. Will they be able to get dual citizenship? They wouldn't have to give up their Australian citizenship?

Both countries allow dual citizenship, so no problem on that front.

By the way, your kids also currently have US citizenship - they got it automatically when they were born. All you will be doing now is proving it.

 

 

Edited August 30, 2021 by SusieQQQ

[JeanneAdil 6,655]

2 hours ago, carmel34 said:

Go to the US embassy in Australia to apply for US passports for the children.  They are already dual citizens, they just need the US passports as evidence of such. I-130 for your spouse, that process takes 1-2 years.  Good luck!

2 year old when he says he's been for 8  ?