Not sure what forms to file

[JessCauz 0]

Hi there,

 

I am an American Citizen by birth. Have lived in Canada since I was 15 and have dual citizenship. I am married to a Canadian (2014) and have given to birth to my kids in Canada 2006 before I was married and 2015 after I was married.

 

For my kids to get US Citizenship:

I have already filled an N-600K for my son born in 2015.

I do not know if I should file for CRBA or an N-600K for my daughter born in 2006 before I was married. I was previously told by someone that all I would need to do for her was to file for a US passport for her but that doesn't seem accurate as I'm not sure how she would be able to get a social security card or birth certificate from a passport. 

 

For my Husband:

I'm not sure which route I should take for my husband to get his citizenship. I was originally thinking a I-130 but I do not make enough money so also filling a 1-864 so that my sister or mom can sponsor him. But I'm not sure if that is the correct form or even if that is a possibility.

I have also found just found out about a K-3 but have no clue what forms I would use

 

We really want to do this without a lawyer as lawyers in our area want $10,000+filing fees and we just cant afford that.

 

Also hoping if there is a way to expedite all of this as we recently found out a few weeks ago my father has cancer and we need to move down asap so that I be able to help care for him when the time comes. But I also want to make sure we do immigration the proper way as well. 

 

Thank you so much for your help

[SteveInBostonI130 3,488]

Child born 2015:  Not sure N600k would apply, will need to defer to other posters

 

Child born 2006:  Go to the embassy and file for CRBA.  The child is a US Citizen - you need the CRBA as the "proof" he/she is a US Citizen

 

Husband:  Do you work in Canada?  If you do, and your company is about to transfer you to allow you to be closer to your dad, then contact the Montreal consulate and ask for DCF - Direct Consular Filing.   If not, then the normal way is to file the I-130 for him.  The I-864 comes later, after the I-130 is approved.  You will need to fill it out regardless of your income because as the petitioner, you are always the primary sponsor.  You will need a joint sponsor if your income or assets do not qualify.

 

Look at the top of this website, go to "Guides", and read about CR1/IR1 visas.

 

 

 

[Verrou 1,962]

k3 is dead, so no need to file for k3

[arken 4,197]

You can file for CRBA for your older child. You need to show evidence that you were physically present in the US for min of 1 continuous year at any time before the child's birth.

 

I don't think the your younger child is eligible for n600K through you. You do not have enough physical presence. If your parent's have enough physical presence, then you can theirs (child's grandparents' physical presence) for n600k. You have to note that for n600k, your child (accompanied by you) needs to show up at a uscis office in the US later for an interview. If it gets denied, need to file i130 for that child as well.

 

i130 is the way to go to petition your husband and your daughter if n600k is unlikely. Your USC or LPR relative living in the US with sufficient income can be a joint sponsor. He can't just get the US citizenship. You all have to move to the US after he gets the immigrant visa and he can later apply for citizenship after 3 years of immigrating if still living together till then. Your daughter if immigrates through your i130 will become a citizen once in the US.

 

 

 

 

[Chancy 6,243]

*** Moved from What Visa Do I Need to IR1/CR1 Process & Procedures ***

 

28 minutes ago, JessCauz said:

I'm not sure which route I should take for my husband to get his citizenship. I was originally thinking a I-130 but I do not make enough money so also filling a 1-864 so that my sister or mom can sponsor him. But I'm not sure if that is the correct form or even if that is a possibility.

I have also found just found out about a K-3 but have no clue what forms I would use

 

There is only one route for your husband.  That's the IR1 spouse visa process, initiated by you filing an I-130 petition for him.  K3 visas are effectively obsolete, with only a handful issued globally.  Don't bother with K3.

 

As the I-130 petitioner, you will be your husband's primary financial sponsor, even if you do not have enough income.  So you must submit an I-864.  No exception.  To satisfy the financial requirement, your sister or your mom may submit their own I-864 as your joint sponsor.  But note that the I-864 forms are not required with the I-130 petition.  I-864 and the supporting financial documents will only be required after the I-130 petition has been approved.

 

Note also that your husband cannot immediately gain US citizenship based on marriage to you.  First, you must file a petition for him.  After the petition is approved, he must apply for a spouse visa through the consulate in Montreal.  Then he will enter the US with the visa and immediately gain lawful permanent resident (LPR) status, ie. become a green card holder.  After 3 years of being an LPR married to you, he may apply for US citizenship.

 

As for expediting the visa process, it does not seem like you qualify, unfortunately.  As a US citizen, you are free to move to the US anytime to be with your father.  Your husband does not need to come with you immediately.  That may sound heartless, but as far as US immigration is concerned, family separation is a normal part of the process.  You may certainly request an expedite, but set your expectations low that it will be approved based on your father's condition.

 

You do not need a lawyer for the I-130 and visa process, if you are willing to do the research and have the disposition for following instructions carefully.  Start with --

• Official USCIS instructions for the I-130 petition -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
• Immigrant Visa Process flow from the Department of State -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html
• VJ's spouse visa guide -- https://www.visajourney.com/guides/ir1-spouse-visa/

[powerpuff 6,748]

Another thing to note is the strict domicile requirement by the US consulate in Canada (Montreal I believe is the one you’ll be going through). You will most likely need to move to the US much earlier and establish domicile, a job seems to be the most solid evidence. Others more familiar with Canada can offer their word of advice, there’s also a long thread dedicated to Canada and domicile.

[Mike E 11,742]

2 hours ago, JessCauz said:

do not know if I should file for CRBA or an N-600K for my daughter born in 2006 

If you had one continuous year of physical presence in the USA before your older child was born in 2006, then your older child is a U.S. citizen.  So CRBA.  Time is running out.  Once your child reaches  age 18, no CRBA, and you will have to file for a passport. Then once that child is in the USA, if there is no CRBA file N-600. Also get a passport card for the older child once in the USA. 
 

Consider filing  I-130 for the younger child too because N-600K timelines are ridiculous, especially if you picked a major city for the interview. When your younger child enters the USA on an immigration visa that child will immediately be a U.S. citizen. At that point file for the passport and passport card. 
 

Do not file I-864 or pay the gc fee. Instead file I-864W. Your younger child doesn’t need a gc. 

Edited August 26, 2022 by Mike E

[JeanneAdil 6,670]

For CBRA he left at age 15

so he would not have the following

 

Most of the cases require five years of physical presence, two of them after the age of 14, however the law that applies on each case may be different.  For detailed information regarding physical presence requirements, please check the travel.state.gov website: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html.

 

https://ec.usembassy.gov/u-s-citizen-services/child-family-matters/consular-report-birth-abroad-crba/

[carmel34 3,657]

3 hours ago, JessCauz said:

Also hoping if there is a way to expedite all of this

File an I-130 petition for your husband and younger child as others have said, then wait for the petition approval.  While waiting, get a US passport for the older child through the US embassy or consulate closest to you.  I-130 petitions are taking 6-12 months for adjudication, after it is approved then there is the NVC stage, which takes 1-3 months, then a visa interview will be scheduled for your husband and child at the Montreal consulate, which is very backed up for interviews.  Plan on about 2 years from filing the petition to interview date.  Also do more research on establishing US domicile.  Montreal is very strict on US domicile for the US citizen petitioner.  Good luck!

[Mike E 11,742]

37 minutes ago, JeanneAdil said:

For CBRA he left at age 15

It is clear to me that OP is a “she” and gave birth to a child out of wedlock in Canada.  

Quote

so he would not have the following

 

Most of the cases require five years of physical presence, two of them after the age of 14, however the law that applies on each case may be different.  For detailed information regarding physical presence requirements, please check the travel.state.gov website: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html.

 

https://ec.usembassy.gov/u-s-citizen-services/child-family-matters/consular-report-birth-abroad-crba/

The rules are different for US citizen women who give birth out of wedlock to a child born before 2017. As I wrote: one year of continuous presence in the USA prior to giving birth.  
 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html
 

“A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.”

 

This law was partially upheld by the Supreme Court. Children born after June 11, 2017 are subject to the 5/(2-14) year rule.  While scotus ruled that the law was unfair to men, it decided to retroactively revoke  the citizenship of potentially millions of people. Congress has yet to address this.  

Edited August 26, 2022 by Mike E

[JessCauz 0]

Thank you everyone for your help! I truly appreciate it. 

 

I see that a lot of you are suggesting that I file the I-130 for my youngest son as well. I have already applied for the N-600K on February 28, 2022, Can I still apply for the I-130 for him or do I have to wait out the N-600K?

 

I am currently filling out the form for I-130 for hubby I'm on the part of the form where it is asking:

 

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?"

 

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?"

 

I'm not sure which one to fill out. We were hoping to move to the states in a year. If the I-130 gets approved before we move can we move permanently to the states until the rest is finished? I'm so sorry if I am being a pain. I want the process to go smooth and easy as possible. We don't mind waiting to move if we have to.

 

Sorry one more thing. Some are mentioning a consulate in Montréal. We live in Ontario so would the one in Toronto be the one that we deal with?

 

Thanks so much again ya'll are amazing!!

Edited August 26, 2022 by JessCauz
forgot to ask additional question

[Mike E 11,742]

3 hours ago, JessCauz said:

as I'm not sure how she would be able to get a social security card or birth certificate from a passport.

It is apparently a secret rule that SSA would require your older child to get have a CRBA or certificate of citizenship if your older child applies for an SSN after age 18.  
 

As for a birth certificate, the only birth certificate your child gets is the  one the province or territory of birth issued. And I hope you got the long form version.  Make sure you have one before departing Canada. 

[JessCauz 0]

2 minutes ago, Mike E said:

As for a birth certificate, the only birth certificate your child gets is the  one the province or territory of birth issued. And I hope you got the long form version.  Make sure you have one before departing Canada. 

Ohhh that is good to know. I will have to apply for her long form today then. I have it for my youngest but not for my older kiddo. Thank you for lettting me know that!! 

[arken 4,197]

5 minutes ago, JessCauz said:

I have already applied for the N-600K on February 28, 2022

What documentation did you provide for your physical presence? It will likely be denied because you don't have 2 year physical presence required after you turned 14. 
 

The best is to file i130 for your youngest kid so everyone can immigrate together.

[JessCauz 0]

1 minute ago, arken said:

What documentation did you provide for your physical presence? It will likely be denied because you don't have 2 year physical presence required after you turned 14. 
 

The best is to file i130 for your youngest kid so everyone can immigrate together.

I used my father.