Immigration to US with US parent-non-US minor children: visa process/time line (legal entry to and live in US while visa is pending?)

[Alison74 1]

 

Hello,

very grateful for this forum, hoping someone can shed light on our situation: I am a US citizen and would like to immigrate to the US ideally as soon as possible, together with my very keen, non-US children (14 and 17 years old, both German citizens). I have lived abroad for most of my life, mainly in Germany, therefore I can’t pass on my US citizenship directly to my children. I acquired my US citizenship via my American father.

My Irish husband, the children’s biological father, will remain in Germany and is supportive of our immigration (I have legal and physical custody for the children).

Given we provide all the required, complete documentation (including medical exams) for the visa application (via the US consulate in Germany), I wonder whether the following visa category/process is correct.

To start this immigration process, we need to file online form I-130 awaiting visa (IR-2?) approval (consular processing). As long as the visa approval is pending, my children will be allowed legal entry into the US on a non-immigrant visa (which one?) and may attend school during this period (or not???). I am quite confused as to this whole process and my main concern is the time frame: could it possibly be many months until legal entry for my children to continue their education and take the plunge of resettling to the US is possible?

 

Thanks so much for any advice.

[Boiler 45,467]

18 Months

 

If they wish to attend school they will need a F1 Student Visa.

 

Presumably they are eligible to use the VWP to visit.

 

Do you have a Joint Sponsor?

[nastra30 2,284]

26 minutes ago, Alison74 said:

As long as the visa approval is pending, my children will be allowed legal entry into the US on a non-immigrant visa (which one?) and may attend school during this period (or not???)

If you want your children to study in the US, you'll need to apply for F1 visa. It is not automatically given because you have approved I130. 

[nastra30 2,284]

31 minutes ago, Alison74 said:

I have lived abroad for most of my life, mainly in Germany, therefore I can’t pass on my US citizenship directly to my children. I acquired my US citizenship via my American father.

What about the children's grandparents (your parents)? Do they have the physical presence requirements to transmit citizenship to your kids?

[Crazy Cat 41,836]

Be aware that you must also have filed US taxes for the last 3 years (if you had income above the threshold). You must also prove that you either live in the US or that you have made concrete plans to do so. As stated, your children can visit the US via VWP, but they cannot live in the US or attend school without a proper visa.

Edited April 21 by Crazy Cat

[milimelo 4,477]

DCF through emergent need to return to the US and take up a position? In which case, you better not have filed online I-130 as that will disqualify you from DCF. 

[Alison74 1]

Thank you all for your input, we're in for a steep road here. Actually the kids would definitely be eligible for US cititzenship via the grandparent route (n 600 k). And I initially thought this was the way forward. I know there are field offices with faster processing times (especially since my son turns 18 March 2025), we'd basically fly anywhere if need be. Supposedly this turns out to be successful, both kids acquiring US citizenship, could we then immigrate and at least my younger daughter be able to attend high school ? Or would all this be counterproductive as this route isn't attached to "immigration intent"?

 

@Crazy Cat: yes, taxes are another headache, I've not been aware of this.

 

I don't think I'd qualify for DCF.

 

Sort of a "sponsor" is my US cousin, I could immediately start working in her company and we'd also have an appartment to live. 

 

 

[jan22 3,052]

2 hours ago, Alison74 said:

Thank you all for your input, we're in for a steep road here. Actually the kids would definitely be eligible for US cititzenship via the grandparent route (n 600 k). And I initially thought this was the way forward. I know there are field offices with faster processing times (especially since my son turns 18 March 2025), we'd basically fly anywhere if need be. Supposedly this turns out to be successful, both kids acquiring US citizenship, could we then immigrate and at least my younger daughter be able to attend high school ? Or would all this be counterproductive as this route isn't attached to "immigration intent"?

 

@Crazy Cat: yes, taxes are another headache, I've not been aware of this.

 

I don't think I'd qualify for DCF.

 

Sort of a "sponsor" is my US cousin, I could immediately start working in her company and we'd also have an appartment to live. 

 

 

The N600 route is really designed for getting US citizenship for children whose parents intend for them to live overseas.  The route to citizenship for parents living overseas with their children who intend for the children to reside with them in the US is the immigrant visa route.  
 

Under the Child Citizenship Act, if you enter the US with the children

• In your legal and physical custody;
• They are admitted as legal residents (i.e., they have immigrant visas);
• Your intent at entry is to reside permanently in the US (as opposed to a visit); and,
• The children are under 18

the children will become US citizens immediately, with no additional paperwork (although you should get US passports for them as soon as possible).

 

If you can do this, you will not, therefore, need a financial sponsor as that is required only for Legal Permanent Residents.  

 

There is, of course, an issue with your son turning 18 so soon.  If you can get a written job offer from your cousin (or any other job in the US), the only wash I see this working for your son would be to approach the Embassy with the job offer and the fact that your son will turn 18 in less than a year, and request (beg?) them to let you do DCF.

[manyfudge 291]

3 hours ago, Alison74 said:

Actually the kids would definitely be eligible for US cititzenship via the grandparent route (n 600 k). And I initially thought this was the way forward. I know there are field offices with faster processing times (especially since my son turns 18 March 2025), we'd basically fly anywhere if need be.

I would do this.

 

Long Island, NY is at 6.5 months and Helena, MT at 4.

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

Get this done.  Go back home and wrap things up.

 

 

[manyfudge 291]

1 hour ago, jan22 said:

route is really designed for getting US citizenship for children whose parents intend for them to live overseas

I don’t think OP is being contradictory if she goes back to germany after the oath ceremony, and prepares to move here.

What is the N600k for if the kids never want to live in the U.S.? I would characterize N600k for children who don’t want to move on that trip but may move soon or any time that without having the parent sponsor them.

[Alison74 1]

15 minutes ago, manyfudge said:

I don’t think OP is being contradictory if she goes back to germany after the oath ceremony, and prepares to move here.

What is the N600k for if the kids never want to live in the U.S.? I would characterize N600k for children who don’t want to move on that trip but may move soon or any time that without having the parent sponsor them.

This is quite encouraging, manyfudge. Exactly what I was wondering also...if we'd moved there let's say for 5 years, we'd still be mainly residing elsewhere overseas, for example 

[Alison74 1]

1 hour ago, jan22 said:

The N600 route is really designed for getting US citizenship for children whose parents intend for them to live overseas.  The route to citizenship for parents living overseas with their children who intend for the children to reside with them in the US is the immigrant visa route.  
 

Under the Child Citizenship Act, if you enter the US with the children

• In your legal and physical custody;
• They are admitted as legal residents (i.e., they have immigrant visas);
• Your intent at entry is to reside permanently in the US (as opposed to a visit); and,
• The children are under 18

the children will become US citizens immediately, with no additional paperwork (although you should get US passports for them as soon as possible).

 

If you can do this, you will not, therefore, need a financial sponsor as that is required only for Legal Permanent Residents.  

 

There is, of course, an issue with your son turning 18 so soon.  If you can get a written job offer from your cousin (or any other job in the US), the only wash I see this working for your son would be to approach the Embassy with the job offer and the fact that your son will turn 18 in less than a year, and request (beg?) them to let you do DCF.

Many thanks for this detailed description which sounds absolutely logical. The apparent long waiting times for obtaining a visa from the consulate absolutely threw me. I doubt though that I could justify a DCF? It's not a humanitarian crisis of course. If only I'd known about the n600k grandparent route sooner

[manyfudge 291]

11 minutes ago, Alison74 said:

residing elsewhere overseas, for example 

It is up to uscis and then the embassy as to whether they issue the certificate of citizenship and then B visa.

 

”

FAM 402.2-4(B)(7)  (U) Children Seeking Expeditious Naturalization under INA 322

(CT:VISA-1826;   09-06-2023)

a. (U) Naturalization under INA 322 is a permissible activity in B-2 status.  You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322.  The child must be under the age of 18 when INA 322 requirements are met.  The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization.  A child whose parents are residing abroad will generally overcome the presumption of intended immigration, if the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not.”

 

If they have determined that you live abroad and qualify, I don’t know what the mechanism would be to deprive your children of citizenship.

 

The good thing is your son just turned 17.  Apply now to Holtsville field office.  That is a 1.5 hours on train and 5 minutes Uber from jfk airport.

 

They say on the website that processing is 6.5 months.  Perfect.  That takes you to Christmas holidays.  Get your certs, go back to Germany.  
 

Return after 2025 school year.

 

If this fails, you will find out soon enough to start i130.  I would still try DCF with job offer from your cousin.

 

Your son is under 21, so no quota.

 

 

[manyfudge 291]

I would never lie to the embassy.  They still have to issue you the B visa for the oath ceremony.

 

I would simply keep it short and sweet.  If they ask (never answer an unasked question), say - i want to keep options open for my children to move in the future if I am not able to move.

 

 

[manyfudge 291]

I would read this thoroughly.