US citizen hoping to file for children and fiancé while I am living outside the US. Is it possible?

[Al A 1]

I am a US citizen currently living and working in Canada. I am doing some preparations to transition back to the US... Prior to doing so, there are a couple immigration matters which I need clarification on.

 

(1)  My two daughters are Canadian Permanent Residents. When I acquired my US citizenship a few years ago, they were15 and 13. They are now 19 and 18.

 

(a)  I understand that when a parent becomes a US citizen their children who is born outside of the United States can/will automatically become a US citizen. What I am not clear on is the age at which they would be considered for citizenship. Would my children age at the time of I becoming a US citizen be considered for US citizenship, or would I need to file for their residency via Form I-130; Petition for Alien Relative? If they are entitled to US citizenship, can I make the application through a US consulate abroad (her in Canada)?

 

(b)  If I need to file for I-130 or other, can I reside in Canada while filing their paperwork for the US or would I need to go back to the States and leave them behind?

 

(2)  My fiancé lives in Cameroon and finishing up medical school. After which, I’d like for her to transition to the US, possibly filing a K1 (fiancé visa). Needless to say, we may end up getting married prior.

 

(a)  Can I start the process from Canada for her to migrate to the States or would I need to relocate back to the US first?

 

Thanks for all your help

Edited April 10, 2022 by Al A
correction in verbiage

[Crazy Cat 42,125]

(2).  Step 1 is to decide either the fiance visa (K1) route or the spousal visa (CR-1) route.  I suggest you consider marrying and starting the spousal visa route as soon as possible.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

 

[Al A 1]

17 minutes ago, Crazy Cat said:

(2).  Step 1 is to decide either the fiance visa (K1) route or the spousal visa (CR-1) route.  I suggest you consider marrying and starting the spousal visa route as soon as possible.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

 

Very helpful information. Thank you! What I now need to figure out is if I need to physically be present in the US prior to starting the paperwork.

[Crazy Cat 42,125]

2 minutes ago, Al A said:

Very helpful information. Thank you! What I now need to figure out is if I need to physically be present in the US prior to starting the paperwork.

You do not have to be in the US. 

[JeanneAdil 6,610]

u should read the guides here on VJ and / or the USCIS guides to know the process

 

have u been filing US tax returns during the time u have lived in Canada?

For residency do u have a US bank account?

Kept a state DL?

u will need to show US residency at time of the fiancee / spouse's interview

 

u would have been living in the US when u got citizenship  so are these your  biological children?

Definition of Child of a U.S. Citizen Father

To be considered a child of a U.S. citizen father, the child must be:

• The legitimated^[8] child of a U.S. citizen father; 

• The adopted (including an orphan or Hague Convention adoptee) child of a U.S. citizen father;^[9]

• The child of a U.S. citizen father who is married to the child’s genetic or gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen father) if both parents are recognized by the relevant jurisdiction as the child’s legal parents; or

• If the child was born out of wedlock and claiming U.S. citizenship at birth, then the evidence must demonstrate that the requirements under INA 309 are met.^[10]

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2#:~:text=A%20stepchild%20is%20not%20eligible,the%20adoption%20meets%20certain%20requirements.

 

 A stepchild is not eligible for citizenship or naturalization through the U.S. citizen stepparent unless the stepparent adopts the stepchild and the adoption meets certain requirements.^[4]

[Al A 1]

17 minutes ago, Crazy Cat said:

You do not have to be in the US. 

That's good to know. I was just reading which states; "The sponsor must have U.S. domicile, meaning they must either live in the United States or must prove they plan to return to the United States with their foreign spouse.

 

I reckon your response would go with the latter which states, "must prove they plan to return to the United States with their foreign spouse".

 

Thanks again for your feedback

[Al A 1]

4 minutes ago, JeanneAdil said:

u should read the guides here on VJ and / or the USCIS guides to know the process

 

have u been filing US tax returns during the time u have lived in Canada?

For residency do u have a US bank account?

Kept a state DL?

u will need to show US residency at time of the fiancee / spouse's interview

 

u would have been living in the US when u got citizenship  so are these your  biological children?

Definition of Child of a U.S. Citizen Father

To be considered a child of a U.S. citizen father, the child must be:

• The legitimated^[8] child of a U.S. citizen father; 

• The adopted (including an orphan or Hague Convention adoptee) child of a U.S. citizen father;^[9]

• The child of a U.S. citizen father who is married to the child’s genetic or gestational parent at the time of the child’s birth (even if no genetic or gestational relationship exists with the U.S. citizen father) if both parents are recognized by the relevant jurisdiction as the child’s legal parents; or

• If the child was born out of wedlock and claiming U.S. citizenship at birth, then the evidence must demonstrate that the requirements under INA 309 are met.^[10]

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2#:~:text=A stepchild is not eligible,the adoption meets certain requirements.

 

 A stepchild is not eligible for citizenship or naturalization through the U.S. citizen stepparent unless the stepparent adopts the stepchild and the adoption meets certain requirements.^[4]

Thanks for your feedback

 

Regarding your questions

 

Yes, I have been filing my US taxes though I am in Canada

I do have a US bank account and still do pay bills in the US

I do have a state driver's license

Regarding my children, yes, they are my biological

 

Pertaining to 'Residency', do I need to be domicile in the US at the time of my application?

 

The one thing is, I m not in the US so filing for everyone from Canda could be an issue, maybe. I am trying to get all the facts to be prepared. I would pack up and go back soon, but when there are others involved, especially when they don't have US papers as yet, proper planning have to be done. .

 

The information you provided mentioned "Child of a legitimated US Citizen father". Would my children who were born before I became a US citizen be considered or is it that consideration is only given to children born after a father became a US citizen?

 

I will definitely look at the sources you referenced.

 

Thanks again so very much for taking the time to assist - very much appreciated

 

[milimelo 4,544]

So where were your children when you naturalized? Were they in the US as permanent residents? 

[JeanneAdil 6,610]

as for residency  u will need to know where u will live 

u need to be in the US prior to her arrival 

CR1 is prefered visa because of advantages crazy cat mentioned 

along with Cameroon being a high fraud country and K1 can be denied 

as with the rest of us with African spouses ,  u will need proof(s) of quality time spent with her no matter which visa petitions u choose

keep boarding passes and other receipts to prove your time with her

 

[Al A 1]

1 hour ago, JeanneAdil said:

as for residency  u will need to know where u will live 

u need to be in the US prior to her arrival 

CR1 is prefered visa because of advantages crazy cat mentioned 

along with Cameroon being a high fraud country and K1 can be denied 

as with the rest of us with African spouses ,  u will need proof(s) of quality time spent with her no matter which visa petitions u choose

keep boarding passes and other receipts to prove your time with her

 

Thanks so much for your awesome responses. I have gotten a clearer picture of the process of spousal sponsorship. Still need to research further information regarding the children's eligibility for US citizenship.

 

Thanks again

[Crazy Cat 42,125]

4 minutes ago, Al A said:

Thanks so much for your awesome responses. I have gotten a clearer picture of the process of spousal sponsorship. Still need to research further information regarding the children's eligibility for US citizenship.

 

Thanks again

@milimelo asked you a very important question.

[Al A 1]

7 hours ago, milimelo said:

So where were your children when you naturalized? Were they in the US as permanent residents? 

No, they were living outside the US and Canada. They have never been to the US.

[Chancy 6,243]

*** Moved from Bringing Family of LPR to Bringing Family of USC forum ***

 

11 hours ago, Al A said:

I understand that when a parent becomes a US citizen their children who is born outside of the United States can/will automatically become a US citizen.

 

Only if the children are also US permanent residents (green card holders) at the time of the parent's naturalization.  Also, they must be under 18 years old and living in physical and legal custody of the USC parent in the US.

 

Since your children have never been to the US, they do not meet the above conditions.  They are not US citizens and you will need to file I-130 petitions for each of them, to start their immigration process.  Around 1 to 2 years after petition filing, they may be able to get IR2 immigrant visas.  Once they enter the US with their IR2 visas, they will immediately become US permanent residents.  After 5 years, they may apply for US citizenship.

 

[Al A 1]

45 minutes ago, Chancy said:

*** Moved from Bringing Family of LPR to Bringing Family of USC forum ***

 

 

Only if the children are also US permanent residents (green card holders) at the time of the parent's naturalization.  Also, they must be under 18 years old and living in physical and legal custody of the USC parent in the US.

 

Since your children have never been to the US, they do not meet the above conditions.  They are not US citizens and you will need to file I-130 petitions for each of them, to start their immigration process.  Around 1 to 2 years after petition filing, they may be able to get IR2 immigrant visas.  Once they enter the US with their IR2 visas, they will immediately become US permanent residents.  After 5 years, they may apply for US citizenship.

 

This is just what I was looking for as it relates to my children. I now have a better understanding of how the process works. Thank you so much!