I-130 for Husband but which step for kids (split & merged)

[Stephie C 8]

5 hours ago, JeanneAdil said:

need to have filed US tax returns for the years lived outside the US / form 2555 would exclude UK income up to each year's allowance

How would I go about doing this as I have never lived or earned in the US? 
 

I only got a social security number in October 2019. 
Thanks again 

[OldUser 6,612]

19 minutes ago, Stephie C said:

Can my husband’s income count?

 

No, beneficiary's income doesn't matter even if they're a millionnaire.

You will have to be his primary sponsor. But considering you don't have taxes for the last three years and you didn't make enough to qualify, you would need to find a co-sponsor. It could be any US citizen (not just relatives) who meets the income criteria currently and in the last three years, and can provide IRS tax transcripts to back it up.

[OmarStuck 24]

8 hours ago, Mike E said:

N600-K is not the right route. That ship has sailed. 
 

Nothing to file since their stamped immigration  visa authorizes their presence in the USA 

They will be citizens immediately 

File for their passport and passport card. After you get that, file N-600 online for each kid. 
 

 

Why would you say that the N-600K is not the correct route? There is nothing in her post that says that this is still not possible.

[OmarStuck 24]

5 hours ago, SirenDoll said:

HI there...

I completely understand, as I was faced with that exact dilemma 5 years ago.

A lot depends on how long you are willing to potentially wait for an outcome.

 

My full story, not elaborated on this forum is that we started with I-130s for husband and 2 kids in 2017. 

The I-130s took a few years to process to the point of interviews, and that time period depends on a few factors, which you can investigate elsewhere.
So it was March 2020 when we finally had our embassy interviews. We discovered we were missing one document, and then....

everything shut (thanks Covid!).

 

For various reasons, I only got back onto the problem mid last year 2021, and we realised that we weren't going to immigrate, and that my eldest was less than a year from aging out.

So I ended up doing N-600Ks for the children through their grandparent and narrowly scraped in under my eldest's 18th.

 

 

If you do I-130 for the children, and you are a US citizen, then when you immigrate to the US, you will then have to file N-600s for the children to get the certificate of citizenship. So it's almost double the cost and paperwork as well.

 

If I could do it again, I would do the N-600K's for the children and the I-130 for my husband. It's two different pathways, but I found the N-600K process for the children much more straight-forward, and if you are having to do 5 of them, then I would choose that one, hands-down. I think I can save you $5000USD by doing the N-600Ks for the kids, instead of I-130s +N-600s

 

 

You can check processing times at the various offices and the different forms here:

https://egov.uscis.gov/processing-times/

If you do the N-600K and the grandparent is alive, then they will need to attend the interview, so look at an office close to where they live.

 

 

 

 

The concern though is unlike you and myself is that she clearly wants to immigrate. Although it would be quicker and cheaper to do the N-600K, I would not make things more problematic by doing two processes (I-130 and N-600K) at the same time.

 

@Stephie C

I believe the N-600K is cheaper, quicker, and applicable in your case but I personally would prefer to go through the I-130 process as you clearly intend to immigrate. In addition, you would not want to complicate the processes and get too many questions at the interview. If you are willing to add more stress to save the 5000 USD that is mentioned by SirenDoll, I think that would be your risk to take.   

 

Even if your kids do get the US citizenship through N-600K, you are still waiting for your husband to get his papers. You are still waiting anyways.

Let us know what you decide and if you go through the N-600K, please add to my posting so that we can benefit from your experience.

[SalishSea 17,803]

8 hours ago, Stephie C said:

Thank you for your help, no I have not received an email from NVC, will this come to me or my husband? Thanks 

Nope.   You are a year or so from that point.

[SalishSea 17,803]

1 hour ago, Stephie C said:

Can my husband’s income count? I have been raising the kids for the last five years so my career as a secondary school teacher is currently on hold. 
 

we also have over £250k of equity in our house, which will be sold prior to the move. 
 

my husband will probably be going over first and will be doing a transfer through his company ( they will organise his work  visa if his green card is not sorted by then)  . He will be earning in excess of $120k 

would all f this be enough? 
Thanks for your help. 

 

He cannot enter the US before you, the petitioner.

 

you really should devote some time to researching this entire process.

[nastra30 2,284]

7 hours ago, SirenDoll said:

and that my eldest was less than a year from aging out.

Children of USC can't age out as long as I-130 has been filed.

[Stephie C 8]

1 hour ago, OmarStuck said:

The concern though is unlike you and myself is that she clearly wants to immigrate. Although it would be quicker and cheaper to do the N-600K, I would not make things more problematic by doing two processes (I-130 and N-600K) at the same time.

 

@Stephie C

I believe the N-600K is cheaper, quicker, and applicable in your case but I personally would prefer to go through the I-130 process as you clearly intend to immigrate. In addition, you would not want to complicate the processes and get too many questions at the interview. If you are willing to add more stress to save the 5000 USD that is mentioned by SirenDoll, I think that would be your risk to take.   

 

Even if your kids do get the US citizenship through N-600K, you are still waiting for your husband to get his papers. You are still waiting anyways.

Let us know what you decide and if you go through the N-600K, please add to my posting so that we can benefit from your experience.

Hi, thanks for your advice. This is issue that I’m facing, we do intend to move to the US but if I could get the kids citizenship before we leave it would make the whole move a bit smoother and potentially easier for school, health insurance etc. When you had your interview did they ask you if you had any intention to immigrate? If I were asked I would not lie but state that I chose this option because it is quicker and could be completed before the whole family were in a position to move. 

It is also very possible that my husband will need to be out there for work before the kids and I are able to go. In this instance his work would file for an internal transfer work permit for him whilst we are waiting for the I-130 and green card to be completed. So again my thoughts were that the N600k would allow the family to reunite sooner. 
 

I have attempted to research it and all that I can find is that you need to be residing outside of the US, which we are and be temporarily present in the US for the interview. I haven’t found any gov documents that state that you must have no intention of immigrating. Please correct me if this assumption is wrong as I don’t want to go down the wrong route and prolong the process. 
 

Also when you leave the US following the interview do you have to provide evidence that you are returning to the previous country of residence, the UK. Would you be allowed to remain in the US whilst waiting for the kids passports,  then would crossing the boarder to Canada be enough, with the kids then returning to the US on their American passports? 
 

I really appreciate the help, sorry if it sounds a bit rambling. 

[Mike E 11,739]

2 hours ago, OmarStuck said:

Why would you say that the N-600K is not the correct route? There is nothing in her post that says that this is still not possible.

1. N-600K is for people with no immediate plans to live in the USA.

 

2. One requirement for the process is to obtain a non immigrant entry status such as a B visa, to enter the USA to attend the interview. The beneficiaries of N-600K have expressed immigration intent. Not eligible for a B visa.  
 

 

3.  B visa / N-600K timelines measured in years, sometimes if not longer than I-130 / IR-2. It’s the new normal.  

[Stephie C 8]

1 hour ago, Jorgedig said:

He cannot enter the US before you, the petitioner.

My understanding was that he could enter and work in the US if his company were to file an I-765. This is for internal transfers within internal companies, which is what he will be doing. The green card/I-130 process would continue whilst he is over on this visa. Is this correct?

[Stephie C 8]

4 minutes ago, Mike E said:

2. One requirement for the process is to obtain a non immigrant entry status such as a B visa, to enter the USA to attend the interview. The beneficiaries of N-600K have expressed immigration intent. Not eligible for a B visa.  

Could they not enter on a tourist visa and leave the country to then return to the US on their passports? 

[Mike E 11,739]

1 minute ago, Stephie C said:

Could they not enter on a tourist visa and leave the country to then return to the US on their passports? 

N-600K is for people without immigration intent and regardless the timelines are too long. 
 

[Stephie C 8]

3 minutes ago, Mike E said:

N-600K is for people without immigration intent and regardless the timelines are too long. 
 

Thanks for the response, once the I-130 has been filed is there any other that the kids could go to the states on and be able to go to school whilst we are waiting for the 1-30/IR-2 to be processed? Thanks very much for your help. 

[Mike E 11,739]

39 minutes ago, Stephie C said:

My understanding was that he could enter and work in the US if his company were to file an I-765. This is for internal transfers within internal companies, which is what he will be doing. The green card/I-130 process would continue whilst he is over on this visa. Is this correct?

While L-1 transfer visas are (I believe) dual intent, his adjustment of status will be denied if you don’t live in the USA. 

[Mike E 11,739]

29 minutes ago, Stephie C said:

Thanks for the response, once the I-130 has been filed is there any other that the kids could go to the states on and be able to go to school whilst we are waiting for the 1-30/IR-2 to be processed? Thanks very much for your help. 

I know of   no legal ways to accomplish what you want.  
 

You should have attended to N-600K upon  the birth of each child.