Visa help

[Nevie88 2]

Hi All,

 

I am married to a US Citizen for 6 years. We want to relocate to America and I am wondering if the CR-1/IR-1 including the I-130/A is the best visa to try and get for myself and children?

 

Any help is appreciated

 

Thanks 

 

Ashley

[pushbrk 12,883]

4 minutes ago, Nevie88 said:

Hi All,

 

I am married to a US Citizen for 6 years. We want to relocate to America and I am wondering if the CR-1/IR-1 including the I-130/A is the best visa to try and get for myself and children?

 

Any help is appreciated

 

Thanks 

 

Ashley

Only visas. IR1 for you and IR1 for each child.  One I-130 for each immigrant.

[Dashinka 24,499]

I agree, the IR1/IR2 is the only option.  If the relocation to the US is imminent due to something like a job transfer of your USC spouse, you can look into filing the I130's directly to the consulate (DCF).

 

Good Luck!

[Mike E 11,739]

1 hour ago, Nevie88 said:

  children?

 

 

Is your spouse the parent of the children?

Edited September 19, 2022 by Mike E

[Nevie88 2]

5 hours ago, Mike E said:

Is your spouse the parent of the children?

Hi Mike,

 

Yes they are both her children.

5 hours ago, Dashinka said:

I agree, the IR1/IR2 is the only option.  If the relocation to the US is imminent due to something like a job transfer of your USC spouse, you can look into filing the I130's directly to the consulate (DCF).

 

Good Luck!

Thanks Dashinka

[Dashinka 24,499]

5 minutes ago, Nevie88 said:

Hi Mike,

 

Yes they are both her children.

Thanks Dashinka

So do the children have US passports?  If so, then it is just the one I130 for yourself.  If not, then you should look at CRBA.

Edited September 19, 2022 by Dashinka

[Nevie88 2]

20 minutes ago, Dashinka said:

So do the children have US passports?  If so, then it is just the one I130 for yourself.  If not, then you should look at CRBA.

They were both born in the UK, but the plan is to apply for their birth certificates/Passports but do we have to live there for 1 year first?

[Mike E 11,739]

16 minutes ago, Nevie88 said:

Yes they are both her children.

1. Before her oldest child was born did she live in the USA?

 

2.  If the answer to 1 is yes, did she have 5 years of physical presence in the USA?

 

3. If the answer to 2 is yes, did she have 2 years of physical presence in the USA after reaching age 14?

 

4. Were all her children born in wedlock?

[Nevie88 2]

Just now, Mike E said:

1. Before her oldest child was born did she live in the USA?

 

2.  If the answer to 1 is yes, did she have 5 years of physical presence in the USA?

 

3. If the answer to 2 is yes, did she have 2 years of physical presence in the USA after reaching age 14?

 

4. Were all her children born in wedlock?

No to all of the questions the children are 13 and 9 but we have only been there for holidays.

 

We were married after both children were born.

[Mike E 11,739]

1 hour ago, Nevie88 said:

No to all of the questions the children are 13 and 9 but we have only been there for holidays.

 

We were married after both children were born.

Ok they are not U.S. Citizens then.  She would have needed a continuous 365/366 days of physical presence in the USA prior to their births. 
 

1 hour ago, Nevie88 said:

They were both born in the UK, but the plan is to apply for their birth certificates/

1. Do they have UK birth certificates?

 

Quote

Passports but do we have to live there for 1 year first?

2. Do they have UK passports?

 

Because their mother is a U.S. Citizen, the moment they enter the USA on their immigration visas, they will become automatic U.S. Citizens.  Thus:

 

* she should file I-864W and not I-864 for each child

 

* she should not pay the green card fee as citizens don’t need green cards 

 

* she would apply for their passports and passport cards as so as they arrive 

 

* Once their passport cards arrive she should apply for new social security cards for each child using the passport cards as evidence. There needs to be a senses of urgency for the older child as SSA has a secret policy that makes it more difficult for people who acquire citizenship in this manner and don’t approach SSA before age 18 

* Once the passport and passport cards are received, she should file N-600 for each child. 
 

Make copies of all evidence sent off for passport and passport cards. 

Edited September 19, 2022 by Mike E

[Nevie88 2]

34 minutes ago, Mike E said:

Ok they are not U.S. Citizens then.  She would have needed a continuous 365/366 days of physical presence in the USA prior to their births. 
 

1. Do they have UK birth certificates?

 

2. Do they have UK passports?

 

Because their mother is a U.S. Citizen, the moment they enter the USA on their immigration visas, they will become automatic U.S. Citizens.  Thus:

 

* she should file I-864W and not I-864 for each child

 

* she should not pay the green card fee as citizens don’t need green cards 

 

* she would apply for their passports and passport cards as so as they arrive 

 

* Once their passport cards arrive she should apply for new social security cards for each child using the passport cards as evidence. There needs to be a senses of urgency for the older child as SSA has a secret policy that makes it more difficult for people who acquire citizenship in this manner and don’t approach SSA before age 18 

* Once the passport and passport cards are received, she should file N-600 for each child. 
 

Make copies of all evidence sent off for passport and passport cards. 

Yes they both have UK passports. So should we apply for I-864W now or once the I-130 is done?

[Dashinka 24,499]

12 minutes ago, Nevie88 said:

Yes they both have UK passports. So should we apply for I-864W now or once the I-130 is done?

You will need the I130's first.  The I864W comes at the NVC phase.

[Mike E 11,739]

25 minutes ago, Nevie88 said:

Yes they both have UK passports. So should we apply for I-864W now or once the I-130 is done?

Follow the the process in 

 

https://www.visajourney.com/guides/us-immigration-for-children/

https://www.visajourney.com/guides/us-immigration-guide-for-children/

 

The I-864W comes after their I-130s are approved, during the NVC phase. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html has a diagram that shows the series of steps.

[Nevie88 2]

2 hours ago, Mike E said:

Follow the the process in 

 

https://www.visajourney.com/guides/us-immigration-for-children/

https://www.visajourney.com/guides/us-immigration-guide-for-children/

 

The I-864W comes after their I-130s are approved, during the NVC phase. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html has a diagram that shows the series of steps.

Thank you

[pushbrk 12,883]

3 hours ago, Dashinka said:

You will need the I130's first.  The I864W comes at the NVC phase.

Correct.  My earlier IR1 an IR1 for children was a typo.  Of course the children are IR2.