IR1 Spouse Visa in progress but need to travel back to the States with our Kids

[Aret 0]

Hello, I’m a US citizen living abroad. I filed the I-130 for my spouse and it got approved last year. We are currently doing the documentation process with the NVC. I want to travel back the the States with our kids and would like to to know if I can file for K-4 visas for them so we can travel while continuing the documentation process for my spouse.

Edited Wednesday at 02:43 PM by Aret
Topic not complete

[appleblossom 3,392]

Just now, Aret said:

Hello, I’m a US citizen living abroad. I filed the I-130 for my spouse and it got approved last year. We are currently doing the documentation process with the NVC. I want to travel back the the States with our kids and would like to to know if I can file for K-4 visas for them so we can travel while continuing the documentation process for my spouse.

 

So your children aren’t USC’s already? Have you filed I-130’s for them too?

[wildbug100420 193]

1 hour ago, appleblossom said:

 

So your children aren’t USC’s already? Have you filed I-130’s for them too?

Are they us citizens? If so,  no I 130, research crba requirements 

[S2N 21]

14 hours ago, wildbug100420 said:

Are they us citizens? If so,  no I 130, research crba requirements 

If the children are indeed US citizens, depending on the timeline OP could apply for a passport with secondary evidence rather than apply for a CRBA and then a passport.

 

A US passport is definitive evidence of US citizenship and it’s an entitlement of a citizen even if they don’t have previous primary documentation of citizenship.

 

OP would just need to prove presence in the U.S. for five years, two of which after the age of 14. Could be accomplished by social security statements, high school or university transcripts, employment contracts/paystubs, leases, etc. Essentially the same evidence as a CRBA.

 

Obviously getting a CRBA would be preferable first, but if there’s a time crunch that step can be skipped. I’d recommend getting one or a citizenship certificate as well after getting a passport since those never expire, but there’s also other options if there’s a rush to travel.

[Aret 0]

My kids were born abroad and I have not stayed in the states for up to five years. 

[OldUser 8,032]

1 hour ago, Aret said:

My kids were born abroad and I have not stayed in the states for up to five years. 

Are I-130s for kids on file?

[appleblossom 3,392]

7 hours ago, Aret said:

My kids were born abroad and I have not stayed in the states for up to five years. 

 

OK, so they need their own immigrant visas, but you only mention a I-130/case for your spouse? 

Edited yesterday at 09:30 PM by appleblossom

[Boiler 46,336]

Also mentions K4 which suggests a K3?

[S2N 21]

10 hours ago, Aret said:

My kids were born abroad and I have not stayed in the states for up to five years. 

Sorry for beating a dead horse but your wording here is a bit ambiguous.

 

The requirement isn’t 5 consecutive years. It’s 5 total years in your life, including two after 14. Doesn’t need to be 5 recent years. Doesn’t need to be 5 years before birth. It’s 1825 total days in your life with 730 days being after 14.

[pushbrk 13,219]

On 2/26/2025 at 10:39 PM, Aret said:

Hello, I’m a US citizen living abroad. I filed the I-130 for my spouse and it got approved last year. We are currently doing the documentation process with the NVC. I want to travel back the the States with our kids and would like to to know if I can file for K-4 visas for them so we can travel while continuing the documentation process for my spouse.

K3 and K4 visas haven't actually been available for a dozen years.  If  you cannot pass US Citizenship directly to your children, they each need their own I-130.  They will then become US Citizens when they enter the USA to reside with you.  Your wife will receive a green card.  No, your children cannot "visit" the USA.  They need immigrant visas.  If you did not file and I-130 petition for each of them, hold on your wife's NVC progress, file those petitions, and wait until they catch up with your wife's.

 

Are you absolutely sure you do not meet the physical presence requirements to pass citizenship.  YOU MUST be sure of this, as they cannot get visas if the qualify to be US Citizens now.

[Aret 0]

40 minutes ago, pushbrk said:

K3 and K4 visas haven't actually been available for a dozen years.  If  you cannot pass US Citizenship directly to your children, they each need their own I-130.  They will then become US Citizens when they enter the USA to reside with you.  Your wife will receive a green card.  No, your children cannot "visit" the USA.  They need immigrant visas.  If you did not file and I-130 petition for each of them, hold on your wife's NVC progress, file those petitions, and wait until they catch up with your wife's.

 

Are you absolutely sure you do not meet the physical presence requirements to pass citizenship.  YOU MUST be sure of this, as they cannot get visas if the qualify to be US Citizens now.

Hi, I do not meet the physical presence requirements to pass citizenship.

[Boiler 46,336]

Did you petition your children?

[Aret 0]

1 hour ago, S2N said:

Sorry for beating a dead horse but your wording here is a bit ambiguous.

 

The requirement isn’t 5 consecutive years. It’s 5 total years in your life, including two after 14. Doesn’t need to be 5 recent years. Doesn’t need to be 5 years before birth. It’s 1825 total days in your life with 730 days being after 14.

I understand and I do not meet those requirements as I’ve spent most of my life abroad.

[Aret 0]

3 minutes ago, Boiler said:

Did you petition your children?

No. I only petitioned my spouse. The children can be included in the petition for spouse once it’s approved.

[Boiler 46,336]

Just now, Aret said:

No. I only petitioned my spouse. The children can be included in the petition for spouse once it’s approved.

You said you are a US Citizen.

 

You need to file for the children, well if they are going to immigrate.