Applying for green card for child

[cebuhasher 1]

Basic details:  Father is US citizen mother is Chinese.  Father did not spend enough time in US after getting citizenship so that when child was born the child was not eligible for US citizenship.  Presently living in China for 7 years.  Child is 4yr old.  I-130 approved.  In process of submitting I-864. 

 

Does the father (petitioner, sponsor) have to show that he has a US address and intends to live there?  Not sure he can meet the domicile US requirements now or in the near future.  What impact would this have?

 

Fathers income can support being sole sponsor.  Mailing address in the US is our house.

 

Father has banking in the US but no other US based items such as utilities, insurance, credit cards, etc.  Only banking accounts. 

 

Father's mother and I are willing to cosponsor the child and we live in the US.  With us being cosponsors does the father still need to meet the above requirement?

 

I am wondering if submitting his I-864 would be sufficient, assuming the above domicile items are not issues.  If they are an issue would his mother and I submitting as cosponsors be sufficient to meet the needs of USICS?

 

Any help, suggestions, and direction would be much appreciated.

Thank you

 

 

 

[appleblossom 2,713]

1 minute ago, cebuhasher said:

Basic details:  Father is US citizen mother is Chinese.  Father did not spend enough time in US after getting citizenship so that when child was born the child was not eligible for US citizenship.  Presently living in China for 7 years.  Child is 4yr old.  I-130 approved.  In process of submitting I-864. 

 

Does the father (petitioner, sponsor) have to show that he has a US address and intends to live there?  Not sure he can meet the domicile US requirements now or in the near future.  What impact would this have?

 

Fathers income can support being sole sponsor.  Mailing address in the US is our house.

 

Father has banking in the US but no other US based items such as utilities, insurance, credit cards, etc.  Only banking accounts. 

 

Father's mother and I are willing to cosponsor the child and we live in the US.  With us being cosponsors does the father still need to meet the above requirement?

 

I am wondering if submitting his I-864 would be sufficient, assuming the above domicile items are not issues.  If they are an issue would his mother and I submitting as cosponsors be sufficient to meet the needs of USICS?

 

Any help, suggestions, and direction would be much appreciated.

Thank you

 

 

 

 

Is the father actually planning on moving to the US? What is the mother's status in the US?

[milimelo 4,505]

Wouldn't you be asked for I-864W as the child will become a USC upon entry to the US? 

[milimelo 4,505]

1 minute ago, appleblossom said:

 

Is the father actually planning on moving to the US? What is the mother's status in the US?

I think these are grandparents writing on behalf of their son. Child's Chinese mother sounds to be in China with her USC husband and 4 year old child. 

[cebuhasher 1]

Father is Chinse who became a USC.  Mother is Chinese.  Both presently live in China with the child.  Plan is for the child to move to the US and live with grandparents.

[SalishSea 17,930]

17 minutes ago, cebuhasher said:

Father is Chinse who became a USC.  Mother is Chinese.  Both presently live in China with the child.  Plan is for the child to move to the US and live with grandparents.

That is not permitted under the conditions of the visa he will need.   It’s a family reunification visa, which allows one to bring over a child.   (Not a grandchild).   Your son will have to move to the US if he wants to bring a child here.

[Dashinka 24,606]

Are you, as the grandparents, able to pass on citizenship via an N600K?  If so, this would be the proper route, get the child a US passport and then if desired, they can come and live with the grandparents.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Edited December 5 by Dashinka

[Crazy Cat 41,982]

***Hijack comment split to new thread***

[cebuhasher 1]

1 hour ago, Dashinka said:

Are you, as the grandparents, able to pass on citizenship via an N600K?  If so, this would be the proper route, get the child a US passport and then if desired, they can come and live with the grandparents.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

excellent information and this is the process we should have started with, thank you.  since we have already submitted and approved I-130 and paid fees for immigrant visa process, what impact would that have on providing form N-600K?

[Dashinka 24,606]

Just now, cebuhasher said:

excellent information and this is the process we should have started with, thank you.  since we have already submitted and approved I-130 and paid fees for immigrant visa process, what impact would that have on providing form N-600K?

They are independent processes, but since the plan you laid out will not work with the I130, I would attempt to cancel that.

[cebuhasher 1]

4 minutes ago, Dashinka said:

They are independent processes, but since the plan you laid out will not work with the I130, I would attempt to cancel that.

I'm curious, how is the child, through this process, able to get a US passport when the child is a Chinese citizen?  That is why we went for the green card process.

[Dashinka 24,606]

17 minutes ago, cebuhasher said:

I'm curious, how is the child, through this process, able to get a US passport when the child is a Chinese citizen?  That is why we went for the green card process.

The N600K process allows a child that is living outside the U.S. to gain U.S. Citizenship status via a parent, or grandparents according to the requirements.  I am not aware of China’s restrictions to dual citizenships, you should research that as well.

[Demise 1,298]

7 hours ago, cebuhasher said:

Basic details:  Father is US citizen mother is Chinese.  Father did not spend enough time in US after getting citizenship so that when child was born the child was not eligible for US citizenship.  Presently living in China for 7 years.  Child is 4yr old.  I-130 approved.  In process of submitting I-864. 

 

Does the father (petitioner, sponsor) have to show that he has a US address and intends to live there?  Not sure he can meet the domicile US requirements now or in the near future.  What impact would this have?

 

Fathers income can support being sole sponsor.  Mailing address in the US is our house.

 

Father has banking in the US but no other US based items such as utilities, insurance, credit cards, etc.  Only banking accounts. 

 

Father's mother and I are willing to cosponsor the child and we live in the US.  With us being cosponsors does the father still need to meet the above requirement?

 

I am wondering if submitting his I-864 would be sufficient, assuming the above domicile items are not issues.  If they are an issue would his mother and I submitting as cosponsors be sufficient to meet the needs of USICS?

 

Any help, suggestions, and direction would be much appreciated.

Thank you

 

 

 

Was he present in US for 5+ years before the birth of the child (in any status) and at least 2 years after turning 14 (again in any status)?

 

The law (INA 301(g)) only requires 5+ years of physical presence (and at least physically present in US for 2 years after turning 14) (with some outs like working for the US government while abroad or being a dependent of spouse/parent who works for the government counting as well), and that the parent is a citizen when the child is born. Not that the parent was living in US as a citizen for 5+ years.

 

So all in all, as long as he lived in US for 5+ years at any point in his life, at least 2 years after turning 14, and was a citizen when the kid was born that'd be enough. He could've left the day he got his naturalization certificate otherwise.

Edited December 6 by Demise
Formating

[Demise 1,298]

10 minutes ago, Demise said:

Was he present in US for 5+ years before the birth of the child (in any status) and at least 2 years after turning 14 (again in any status)?

 

The law (INA 301(g)) only requires 5+ years of physical presence (and at least physically present in US for 2 years after turning 14) (with some outs like working for the US government while abroad or being a dependent of spouse/parent who works for the government counting as well), and that the parent is a citizen when the child is born. Not that the parent was living in US as a citizen for 5+ years.

 

So all in all, as long as he lived in US for 5+ years at any point in his life, at least 2 years after turning 14, and was a citizen when the kid was born that'd be enough. He could've left the day he got his naturalization certificate otherwise.

Small correction, only kids can use a parent's work for US government, not spouses, I misread the section.

[cebuhasher 1]

13 hours ago, Demise said:

Was he present in US for 5+ years before the birth of the child (in any status) and at least 2 years after turning 14 (again in any status)?

 

The law (INA 301(g)) only requires 5+ years of physical presence (and at least physically present in US for 2 years after turning 14) (with some outs like working for the US government while abroad or being a dependent of spouse/parent who works for the government counting as well), and that the parent is a citizen when the child is born. Not that the parent was living in US as a citizen for 5+ years.

 

So all in all, as long as he lived in US for 5+ years at any point in his life, at least 2 years after turning 14, and was a citizen when the kid was born that'd be enough. He could've left the day he got his naturalization certificate otherwise.

That was the problem to begin with, he was not in the US long enough after gaining USC before leaving for China again.  That is why the child was not able to have USC at birth.  When he went for a tourist visa for her recently it was denied and the officer suggested he apply for a green card.  That is why we began the initial process.  Didnt know about the N-600/N-600K.  Knowing what I have just learned I'm surprised the officer didnt suggest it.