Form I-130 Application for family

[Wizzy 0]

Hello. As a USC, if I file form i-130 for my spouse and my son, do I need to make different payment for the two forms/applications or I just need to make one payment of $535?

[JeanneAdil 6,672]

biological son?

u apply for his USC and US passport

if a stepson,  you need to file separate petition and pay the fee

[Wizzy 0]

He is a biological son, aged 3 years now. I had him before I became a citizen. Can I still get him a US passport?

[SusieQQQ 11,587]

3 minutes ago, Wizzy said:

He is a biological son, aged 3 years now. I had him before I became a citizen. Can I still get him a US passport?

No, so he needs an immigrant visa/green card first (he will become a citizen when he moves to the US under INA320 but he has to move on an immigrant visa)

separate i130 for each of spouse and child 

Edited October 27, 2021 by SusieQQQ

[Wizzy 0]

Okay, thanks. But I do I need to pay the application fees separately for spouse and child?

[Boiler 46,198]

I would use 2 checks just to keep things simple.

[Wizzy 0]

Thank you

[Ontarkie 14,512]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - as spousal along with IR2/CR2 are discussed here~~

Edited October 27, 2021 by Ontarkie

[pushbrk 13,137]

2 hours ago, Wizzy said:

Thank you

Yes, you write two separate checks, for two separate petitions.  However, your biological child will never get a green card.  Once the visa is issued and used to enter the USA, you can simply apply for the child's US Passport.  Your spouse, is the one who will get a green card.

 

Note that the I-130 is NOT an application and the fee is not an application fee.  It is a petition filing fee.  There will be one more fee later that covers both spouse and child and two more fees each.  One of the later fees (each) will be a visa application fee.  Time to do some homework.  Start by clicking on the word "Guides" at the top of any page here.

[SusieQQQ 11,587]

54 minutes ago, pushbrk said:

Yes, you write two separate checks, for two separate petitions.  However, your biological child will never get a green card.  Once the visa is issued and used to enter the USA, you can simply apply for the child's US Passport.  Your spouse, is the one who will get a green card.

 

 

Technical point here, the child may not get a plastic green card but he will briefly get a temporary green card = the stamped immigrant visa in the passport. This will be required to be submitted as part of the passport/N600 application, as it is a required element of automatically acquiring citizenship under INA320. 

[pushbrk 13,137]

2 hours ago, SusieQQQ said:

Technical point here, the child may not get a plastic green card but he will briefly get a temporary green card = the stamped immigrant visa in the passport. This will be required to be submitted as part of the passport/N600 application, as it is a required element of automatically acquiring citizenship under INA320. 

Sort of, maybe, I guess.  However, since an N600 is never needed, it's really just an endorsed visa.  Yes, a copy of it along with other documents and a passport application are needed to document citizenship, it seems a silly argument to suggest the child ever holds the status of LPR.  If never an LPR, then the endorsed visa is not a temporary green card.  Of course, it COULD be used to re-enter the USA if needed, before the new passport arrives.

[SusieQQQ 11,587]

1 hour ago, pushbrk said:

Sort of, maybe, I guess.  However, since an N600 is never needed, it's really just an endorsed visa.  Yes, a copy of it along with other documents and a passport application are needed to document citizenship, it seems a silly argument to suggest the child ever holds the status of LPR.  If never an LPR, then the endorsed visa is not a temporary green card.  Of course, it COULD be used to re-enter the USA if needed, before the new passport arrives.

If never an LPR, the child cannot automatically acquire citizenship. See the conditions under INA320. That is precisely why the child has to come in on an immigrant visa rather than a B visa or other status, and why a copy of the endorsed immigrant visa will be required - as evidence that the child held LPR status - when OP applies for the passport OR N600. They both require the same evidence, regardless which one is applied for (not sure why you say a n600 is “never” needed, technically a passport isn’t either if you don’t travel, but if you want proof of citizenship for the kid you need at least one of them, and they both require the same evidence.) I get what you are saying that practically it doesn’t matter, which is exactly why I prefaced my previous comment as being a technical point, but seeing as you felt fit to argue it anyway I felt it needed to be explicit that this technical point is indeed required in law.

So that you and OP are clear, these are things that will be required for OP to show that the child has automatically acquired citizenship:

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

• The person is a child of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR);and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

Edited October 28, 2021 by SusieQQQ

[pushbrk 13,137]

 

2 hours ago, SusieQQQ said:

If never an LPR, the child cannot automatically acquire citizenship. See the conditions under INA320. That is precisely why the child has to come in on an immigrant visa rather than a B visa or other status, and why a copy of the endorsed immigrant visa will be required - as evidence that the child held LPR status - when OP applies for the passport OR N600. They both require the same evidence, regardless which one is applied for (not sure why you say a n600 is “never” needed, technically a passport isn’t either if you don’t travel, but if you want proof of citizenship for the kid you need at least one of them, and they both require the same evidence.) I get what you are saying that practically it doesn’t matter, which is exactly why I prefaced my previous comment as being a technical point, but seeing as you felt fit to argue it anyway I felt it needed to be explicit that this technical point is indeed required in law.

So that you and OP are clear, these are things that will be required for OP to show that the child has automatically acquired citizenship:

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:

• The person is a child of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR);and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

 

The reason I say the N600 is not needed is that it's far less expensive to get the passport.  Once you have a passport, that's the only evidence of US Citizenship you'll ever need.  So, are you saying that if the passport is not applied for, the green card will be produced and mailed?  Interesting.

[SusieQQQ 11,587]

On 10/27/2021 at 11:49 PM, pushbrk said:

 

 

The reason I say the N600 is not needed is that it's far less expensive to get the passport.  Once you have a passport, that's the only evidence of US Citizenship you'll ever need.  So, are you saying that if the passport is not applied for, the green card will be produced and mailed?  Interesting.

If the immigrant fee is paid, yes they will produce and send it. (Even if the passport is applied for, they will still do so if the fee has been paid.) Of course, if you know your kid is going to acquire citizenship under INA320, you wouldn’t bother paying the fee because you won’t need the plastic green card.

 

 

Edited October 29, 2021 by SusieQQQ

[pushbrk 13,137]

4 hours ago, SusieQQQ said:

If the immigrant fee is paid, yes they will produce and send it. (Even if the passport is applied for, they will still do so if the fee has been paid.) Of course, if you know your kid is going to acquire citizenship under INA320, you wouldn’t bother paying the fee because you won’t need the plastic green card.

 

 

Yes, no need to pay the new immigrant fee for a child that can apply for a passport.