Child IR2 Application – Need assistance regarding USA domicile

[HeenaMUA 1]

I-130 application for my kids has been approved and before I move on to next step, I need some advice.

As I have mentioned in my earlier post that I am a US citizen living as a homemaker in Canada with my husband and 3 Kids.
I was born in the USA and later on moved to Pakistan when I was around 7 and then after getting married in 2008 moved to Canada with my spouse. I haven’t lived in the USA since the age of 7 therefore I don’t have any income in the USA. I have no connection in USA except for an uncle who has agreed to be a joint sponsor.

 

 According to the USA embassy website, " A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."

I know to sponsor my husband I may have to move to USA to establish domicile. But do I need to establish USA domicile as a support to my kids application.

Please advice what will be the best approach

 

 

[Boiler 45,445]

Canada is unusual in that they want to see you actually reestablish domicile rather than have the intent to do so that other Consulates seem ok with.

 

I would read of others experiences in the Canada forum.

[Mike E 11,739]

28 minutes ago, HeenaMUA said:

 I was born in the USA and later on moved to Pakistan when I was around 7

[…]

I haven’t lived in the USA since the age of 7

[…]

 According to the USA embassy website, " A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."

[…]
But do I need to establish USA domicile as a support to my kids application.

Probably. However any kid born out of wedlock between November 14, 1986 and June 11, 2017, might be a U.S. citizen if you are a mother who had  365 days of continuous presence in the U.S. before each kid was born.  
 

If not, then those under age 18   will become U.S. citizens upon entering the USA on their IR-2 visas. Thus you will be filing I-864W for them (technically they file, and you sign if they are under age 14) and not I-864. 
 

My understanding of the purpose of domicile is compliance with the law behind I-864. Since there is no I-864 for the kids,  logically you would not need establish domicile for the kids.  
 

But logic doesn’t always resonate with a consular officer. 
 

Regardless after their visas are issued you don’t pay their immigration fee ( https://my.uscis.gov/uscis-immigrant-fee/ ) since they don’t need green cards. 

[Family 3,988]

7 hours ago, Mike E said:

born out of wedlock

Pakistan and out of wedlock is improbable…

https://www.dw.com/en/illegitimate-newborns-murdered-and-discarded/a-17582853

[HeenaMUA 1]

16 minutes ago, Family said:

Pakistan and out of wedlock is improbable…

https://www.dw.com/en/illegitimate-newborns-murdered-and-discarded/a-17582853

This info wasn't needed .. but Thanks anyway

Edited January 18, 2023 by HeenaMUA

[HeenaMUA 1]

8 hours ago, Mike E said:

Probably. However any kid born out of wedlock between November 14, 1986 and June 11, 2017, might be a U.S. citizen if you are a mother who had  365 days of continuous presence in the U.S. before each kid was born.  
 

If not, then those under age 18   will become U.S. citizens upon entering the USA on their IR-2 visas. Thus you will be filing I-864W for them (technically they file, and you sign if they are under age 14) and not I-864. 
 

My understanding of the purpose of domicile is compliance with the law behind I-864. Since there is no I-864 for the kids,  logically you would not need establish domicile for the kids.  
 

But logic doesn’t always resonate with a consular officer. 
 

Regardless after their visas are issued you don’t pay their immigration fee ( https://my.uscis.gov/uscis-immigrant-fee/ ) since they don’t need green cards. 

Thank you so much for directing me to I-864W as I had no idea about this form