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majedalanni
Dear Sir

My name Susan Khalid ,I am a US citizen live whole my life in IRAQ . I got my citizenship by born in Colorado in 1977 and I stay in USA just only two months and then back to IRAQ and stay in it till know and I had new passport type P valid to 2015 I renew it from US embassy in Jordan.


This is my story:

I married in 23-Dec-2004 and I had one child (both my husband and daughter are IRAQI citizen).

The terrorist try to kill my husband because they know he is married a (US citizen) So I escape from Baghdad to Sulymainia north of IRAQ but I leave every thinkg in Baghdad (my house, my car).

I decide to travel to USA with my family ( My husband and My daughter),
but I see it must need a sponsor and I must fill the I-864 form!!!

But I'm not meet the minimum requirement of I-864 and I don't know any one in USA to be a joint sponsor or I can't go to USA without my daughter because her age is one year and half so she need alot of care.

So I need a way to travel to USA and live in peace and safe with my family? (Please I dont need link to web sites because I read them all , I need advise)

Please Your fast response are appreciated.


Regards
Susan Khalid
+9647701103313
jasman0717
Maybe your hustband could seek political aslyum, I had an employee from Iran that came here via Germany back in the early 80s on political aslyum.
Haole
QUOTE(majedalanni @ Oct 2 2007, 01:42 PM) *
Dear Sir

My name Susan Khalid ,I am a US citizen live whole my life in IRAQ . I got my citizenship by born in Colorado in 1977 and I stay in USA just only two months and then back to IRAQ and stay in it till know and I had new passport type P valid to 2015 I renew it from US embassy in Jordan.


This is my story:

I married in 23-Dec-2004 and I had one child (both my husband and daughter are IRAQI citizen).

The terrorist try to kill my husband because they know he is married a (US citizen) So I escape from Baghdad to Sulymainia north of IRAQ but I leave every thinkg in Baghdad (my house, my car).

I decide to travel to USA with my family ( My husband and My daughter),
but I see it must need a sponsor and I must fill the I-864 form!!!

But I'm not meet the minimum requirement of I-864 and I don't know any one in USA to be a joint sponsor or I can't go to USA without my daughter because her age is one year and half so she need alot of care.

So I need a way to travel to USA and live in peace and safe with my family? (Please I dont need link to web sites because I read them all , I need advise)

Please Your fast response are appreciated.


Regards
Susan Khalid
+9647701103313

Is your daughter a US Citizen?
She should be if she is your biological daughter.
MargotDarko
QUOTE(Haole @ Oct 3 2007, 02:00 AM) *
QUOTE(majedalanni @ Oct 2 2007, 01:42 PM) *
Dear Sir

My name Susan Khalid ,I am a US citizen live whole my life in IRAQ . I got my citizenship by born in Colorado in 1977 and I stay in USA just only two months and then back to IRAQ and stay in it till know and I had new passport type P valid to 2015 I renew it from US embassy in Jordan.


This is my story:

I married in 23-Dec-2004 and I had one child (both my husband and daughter are IRAQI citizen).

The terrorist try to kill my husband because they know he is married a (US citizen) So I escape from Baghdad to Sulymainia north of IRAQ but I leave every thinkg in Baghdad (my house, my car).

I decide to travel to USA with my family ( My husband and My daughter),
but I see it must need a sponsor and I must fill the I-864 form!!!

But I'm not meet the minimum requirement of I-864 and I don't know any one in USA to be a joint sponsor or I can't go to USA without my daughter because her age is one year and half so she need alot of care.

So I need a way to travel to USA and live in peace and safe with my family? (Please I dont need link to web sites because I read them all , I need advise)

Please Your fast response are appreciated.


Regards
Susan Khalid
+9647701103313

Is your daughter a US Citizen?
She should be if she is your biological daughter.


Unfortunately, the daughter is not automatically a US citizen in this case. The OP would have had to have lived in the US for at least 5 years and for two of those years to be after she was 14.
desert_fox
I don not want to endanger your life. Forget about immigration.
But as a US Citizen, you need to seek protection for you and your family. Contact the US Army and see if they can arrange safe passage for you and your family to the embassy in Bahgdad or to a third country. Go to the nearest US Consulate and see if they can provide safe passage for you and you family to the US as a citizen and political saylees for your family as your lives are in danget and you cannot return to your home.

Be careful!!! I understand that the Northern area (kurd country) is quite safe.
trailmix
QUOTE(MargotDarko @ Oct 3 2007, 09:50 AM) *
Unfortunately, the daughter is not automatically a US citizen in this case. The OP would have had to have lived in the US for at least 5 years and for two of those years to be after she was 14.


The Daughter is not automatically an American Citizen, as Margot mentioned, however technically she is as long as you apply for her permanent residency first and she then enters the U.S. (or lives in the U.S.) as an intending immigrant (this all has to be done while she is still under 21). Once that is complete you can apply for her U.S. passport. Check out the child citizenship act of 2000 for details.

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;
* Be under 18 years of age;
* Live in the legal and physical custody of the American citizen parent; and
* Be admitted as an immigrant for lawful permanent residence.
trailmix
QUOTE(trailmix @ Oct 3 2007, 12:46 PM) *
QUOTE(MargotDarko @ Oct 3 2007, 09:50 AM) *
Unfortunately, the daughter is not automatically a US citizen in this case. The OP would have had to have lived in the US for at least 5 years and for two of those years to be after she was 14.


The Daughter is not automatically an American Citizen, as Margot mentioned, however technically she is as long as you apply for her permanent residency first and she then enters the U.S. (or lives in the U.S.) as an intending immigrant (this all has to be done while she is still under 21). Once that is complete you can apply for her U.S. passport. Check out the child citizenship act of 2000 for details.

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;
* Be under 18 years of age;
* Live in the legal and physical custody of the American citizen parent; and
* Be admitted as an immigrant for lawful permanent residence.


Sorry I meant to say in my message "(this all has to be done while she is still under 18) - not '21'.
Boiler
OP has been out of Iraq, renewed passport in Jordan.
majedalanni
Many Thanks for all replys

Dear Trailmix
If I apply for permanent residency for my child do I need to fill I-864 ? and how I do it?

Dear Desert fox

Can you explian and where I apply a political saylees for my family ?



and these all ways I can get to enter USA ?

really Iam very sad and my life is very bad


Regards

Susan khalid
majedalanni
Dears

Please help.

Can one sponsor my husband and my daughter?

Regards
Boiler
QUOTE(majedalanni @ Oct 12 2007, 08:05 AM) *
Dears

Please help.

Can one sponsor my husband and my daughter?

Regards


You can sponsor both of them.

If you do not have the income or assets you can use a co-sponsor.

Probably best solution is for you to move to the US, get a job, so you can be the sponsorer.

Or find a relation/friend who is a USC or LPR wo an act as co-sponsor.
majedalanni
QUOTE(Boiler @ Oct 12 2007, 05:22 PM) *
QUOTE(majedalanni @ Oct 12 2007, 08:05 AM) *
Dears

Please help.

Can one sponsor my husband and my daughter?

Regards


You can sponsor both of them.

If you do not have the income or assets you can use a co-sponsor.

Probably best solution is for you to move to the US, get a job, so you can be the sponsorer.

Or find a relation/friend who is a USC or LPR wo an act as co-sponsor.





Dear

But I dont had a co-sponsor and I cant go alone without my child

Please any other soluations ?

Regards
Boiler
QUOTE(majedalanni @ Oct 12 2007, 08:44 AM) *
QUOTE(Boiler @ Oct 12 2007, 05:22 PM) *
QUOTE(majedalanni @ Oct 12 2007, 08:05 AM) *
Dears

Please help.

Can one sponsor my husband and my daughter?

Regards


You can sponsor both of them.

If you do not have the income or assets you can use a co-sponsor.

Probably best solution is for you to move to the US, get a job, so you can be the sponsorer.

Or find a relation/friend who is a USC or LPR wo an act as co-sponsor.





Dear

But I dont had a co-sponsor and I cant go alone without my child

Please any other soluations ?

Regards



You can use capital instead of income.

trailmix
Hi Susan,

Sorry for not responding sooner, just saw your reply now. I will answer what I can smile.gif

If I apply for permanent residency for my child do I need to fill I-864 ? and how I do it?

Yes, you would start with the I-130 petition. Please check the visa journey guides for applying for your child here: http://www.visajourney.com/forums/index.php?autocom=custom&page=childpet - just choose "I am the Mother" from the list provided. Also check the guides for filing the I-130 petition for your Husband.

Can you explian and where I apply a political saylees for my family ?

I don't know much about Asylum. You can find additional information here though:

USCIS - What is Asylum

There is also a bit of information here: Human Rights First

and these all ways I can get to enter USA ?

I think you should perhaps look at what DesertFox suggested. In order for you and your family to proceed with the 'regular' immigration route, you will need to act as a sponsor for them. As you do not have earnings for this, you either need to prove you have assets that equal at least U.S. $64,386 (house, second car, money) to support them or you need a co-sponsor - there is no way around this.

Good luck, sorry to hear things are so bad for you and your family.
majedalanni
Many thanks for your support I try to do some of these things and if I need somthing I back to you

Regards
Chris Parker
QUOTE(majedalanni @ Oct 7 2007, 05:22 PM) *
If I apply for permanent residency for my child do I need to fill I-864 ? and how I do it?

Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.

Husband will need an I-864 from you, however. You might be able to get refugee, political asylum, or humanitarian parole for him to come to the U.S., but you'll have to speak with a lawyer and/or the embassy about that. Or, he'll have to stay without you until you get a job in the U.S. and meet the minimum requirements to sponsor him.

Sounds like a tough situation, good luck!
trailmix
nm
trailmix
QUOTE(Chris Parker @ Oct 26 2007, 01:22 PM) *
Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.


The OP asked if she would have to fill out an I-864 for her child.

Per your example above, if she never fills one out, how can it be terminated immediately upon arrival? How can the child enter the U.S. as a PR if an I-864 has never been filled out?
majedalanni
HI

How my daughter can enter USA!? and she didnt have a visa or somthing.
The immigration proccess need to be complete in embassy with I-864 and prove I have a job and domclin to permet she goto USA.


Regards
Susan
Chris Parker
QUOTE(trailmix @ Oct 27 2007, 02:55 PM) *
QUOTE(Chris Parker @ Oct 26 2007, 01:22 PM) *
Trailmix is almost right...

The child does not need an I-864, since upon entering the U.S. with an immigrant visa, child automatically becomes a U.S. citizen and the I-864 is immediately terminated. This is an exception to the rule.


The OP asked if she would have to fill out an I-864 for her child.

Per your example above, if she never fills one out, how can it be terminated immediately upon arrival? How can the child enter the U.S. as a PR if an I-864 has never been filled out?

As I stated, it is a special rule where the I-864 is not required for the immigrant visa because it would never become legally effective, even for an instant.

The exemption is applied for using Form I-864W.



Chris Parker
QUOTE(Chris Parker @ Oct 27 2007, 03:30 PM) *
As I stated, it is a special rule where the I-864 is not required for the immigrant visa because it would never become legally effective, even for an instant.

The exemption is applied for using Form I-864W.

For what it is worth, I'd also add this bit to my previous message...

9 FAM 40.41 N3.4-3 "Aliens Exempt from I-864, Affidavit of Support Under Section 213A of the Act, Requirement Still Must Satisfy INA 212(a)(4)"
a. An alien exempt from Form I-864, Affidavit of Support Under Section 213A of the Act requirement per 9 FAM 40.41 N3.4-1 or 9 FAM 40.41 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 9 of 35 N3.4-2 must still show that he or she is not likely to become public charge. (See 9 FAM 40.41 N4.)
b. For cases under 9 FAM 40.41 N3.4-1, absent unusual circumstances, INA 320 will generally mean that it is not likely that the alien–while still an alien prior to naturalization–will become a public charge.

So, while public charge is still an applicable during the visa interview, it probably isn't going to be a big concern of the consular officer. Nevertheless, I wouldn't say on the DS-230 application or during the interview that the daugher is likely to become a public charge (i.e. receive cash public benefits), and I would include any evidence possible (such as proof of assets, a U.S. job offer, U.S. tax returns if any, etc.) to help show public charge is unlikely. For tax returns, U.S. citizens are taxed on their worldwide income, and you can file a federal tax return up to 3 years late with penalty.

The case in question here will probably be handled very much likely an adoption case, except the petition is an I-130 relative petition, not an I-600 orphan petition.
trailmix
QUOTE(majedalanni @ Oct 27 2007, 01:10 PM) *
HI

How my daughter can enter USA!? and she didnt have a visa or somthing.
The immigration proccess need to be complete in embassy with I-864 and prove I have a job and domclin to permet she goto USA.


Regards
Susan


Hi Susan,

Chris is right, your daughter won't need an affidavit of support instead you will just fill out the I-864W: Link to I-864W. First you start with the I-130 though as usual.

Good point Chris, I think I have read this before but couldn't remember any details good.gif

Chris Parker
QUOTE(trailmix @ Oct 27 2007, 08:53 PM) *
Good point Chris, I think I have read this before but couldn't remember any details good.gif

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."
majedalanni
QUOTE(Chris Parker @ Oct 28 2007, 05:19 AM) *
QUOTE(trailmix @ Oct 27 2007, 08:53 PM) *
Good point Chris, I think I have read this before but couldn't remember any details good.gif

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."



Dears

Many thansk for ur reply
I thinkk found somthing

Can u exactly tell me what I need as assest (but I dont have a job only my husband had a job here in iraq) and we are three (me and my husband and my littile daughter).

If I had a house or just land here in iraq can I use it as assest. not sell it just as documnet prove it my personal property.


Regards
Susan
Chris Parker
QUOTE(majedalanni @ Oct 29 2007, 03:25 AM) *
Can u exactly tell me what I need as assest (but I dont have a job only my husband had a job here in iraq) and we are three (me and my husband and my littile daughter).

If I had a house or just land here in iraq can I use it as assest. not sell it just as documnet prove it my personal property.

I think showing that you have at least the minimum requirements to be ineligible to receive federal welfare benefits would be the best thing to show.

Income (including the income of your husband) is usually primary in determining public charge (BTW, federal taxation of foreign income doesnt start until 82,000 if you are eligible for the foreign earned income exclusion, but you still must file a tax return to show your income and claim the exclusion proving you own the U.S. no tax on that income. I think showing that you are or will be above 100% of the poverty level shown on Form I-864P is sufficient. That would tend to guarantee, I would think. that you can't immediately enroll yourself and your daugher in public welfare upon arrival in the U.S.

I think assets that you have lost or abandoned cannot be used in determining public charge, as it's value is really $0 to you if you can never go back and claim it.

But, how much property could you instead show? Again, I'd look at what the maximum asset level is for welfare (TANF) program. That varies by state, so you'd have to look at the requirements of the state you are planning to go to. Usually it is pretty low (like less than $2000 in cash or cash value). This website should help you: U.S. government benefits website

If you are going to stay with someone, even temporarily upon arrival, you probably can also show their income and resources (or a job offer from them if you will be working for them) to help prove you are not likely to become a public charge at the time of entry. You might be able to show your husband's current income too, as I'm sure that would be considered on a benefits application.

I'd look for more information about meeting the public charge requirements without an affidavit of support from someone who has won the green card lottery (who also do not require an affidavit of support), I'm sure we have a newsgroup here somewhere for those folks.

Hope these thoughts are helpful for you.
trailmix
For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

For a household of 3, using the 2006 poverty guidelines, the amount is $20,750.00. So you would need to show assets of $ 62,250.00.

You can use your Husband's assets as well if this will help.

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members.

So basically the burden of proof is on you, to prove to the consular officer that you could sell that asset within one year and that it has a value, at least, equal to the above guideline amount.

It would be helpful if someone on here who has foreign property assets and successfully used them as part of the affidavit of support would join in this conversation, I haven't seen a posting like that but I'm sure they are out there.
Gaby&Talbert
QUOTE(Chris Parker @ Oct 27 2007, 09:19 PM) *
QUOTE(trailmix @ Oct 27 2007, 08:53 PM) *
Good point Chris, I think I have read this before but couldn't remember any details good.gif

I don't know if it applies in her case or not, but if the child has a grandparent (living or deceased) who was a U.S. citizen and lived in the U.S. for the required period, there also is a little known provision for U.S. citizenship to transmitted to the child through an "expedited naturalization" process.

Under a rather bizarre filing procedure for that benefit, she would file Form N-400 for her child with USCIS now with proof of the grandparent's U.S. citizenship & residence period, and once she has the USCIS appointment notice, the U.S. embassy will issue a B-2 nonimmigrant visa so the child can appear and be "naturalized."



THIS IS THE BEST METHOD FOR THE CHILD!!!!!!!!!
Chris Parker
QUOTE(trailmix @ Oct 29 2007, 11:31 AM) *
For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

These are the requirements if you are required to use the Affidavit of Support, yes. However, she is exempt from that requirement. She just has to generally show the consular officer that it is not likely, at the time of U.S. entry, that she is going to become a public charge. The wording of the Dept. of State rules suggest that, even though the child will be admitted to citizenship upon U.S. entry, public charge consideration still applies in determining admissibility.

My thoughts, which could be wrong, is showing that she it is not likely she will be eligible to apply for welfare benefits upon arrival would be adequate. Consular officers make that kind of determination all the time in employment-based and visa lottery cases.

In most states, if you have cash or cash equivilants in excess of an amount like $2000, you are ineligible to apply for welfare benefits (in other words, you have to spend almost all of your own money first, excluding your home, before you can apply for government cash assistance programs). I'm not saying that this small amount is all she needs to show to overcome the public charge presumption, but it would be one element I would definitely include. She should demonstrate everything about her financial situation and how she plans to support herself when in the U.S. for the consular officer to be able to make a fair decision on the matter. But the higher standard of the rules of an Affidavit of Support under section 213A to be considered sufficient that you state do not apply to her; rather there is just a showing (which could include the use of the Form I-134 affidavit of support by someone like her husband) that, to the satisfaction of the consular officer, it is not likely that the child will become a public charge.
trailmix
QUOTE(Chris Parker @ Oct 29 2007, 10:01 AM) *
QUOTE(trailmix @ Oct 29 2007, 11:31 AM) *
For assets, since you are really only sponsoring your Husband you will need to show assets to the value of 3 x 125% of the poverty line.

These are the requirements if you are required to use the Affidavit of Support, yes. However, she is exempt from that requirement. She just has to generally show the consular officer that it is not likely, at the time of U.S. entry, that she is going to become a public charge. The wording of the Dept. of State rules suggest that, even though the child will be admitted to citizenship upon U.S. entry, public charge consideration still applies in determining admissibility.


She is talking of bringing her Husband as well, that is my understanding of her post?

Susan, can you please clarify that you are going to be sponsoring your Husband to come to the U.S. as well.
Chris Parker
QUOTE(trailmix @ Oct 29 2007, 12:18 PM) *
She is talking of bringing her Husband as well, that is my understanding of her post?

Oh, yes, for her husband, she is going to need a I-864 that meets all the related requirements in INA 213A, including showing income above 125% of the poverty level, correct.

I was speaking of the child's case where, while the I-864 is not required and the child automatically becomes a citizen upon entry, overcoming the inadmissibility presumption that the child will become a public charge is still applicable.
majedalanni
Dears sorry for confuse you

I'l explain as steps

1- All my family include grandmother and grandfather are Iraqi and live in Iraq
2- My father in 1977 go to USA study for master degree in colorado and I born there and just stay two monthes and all we back to IRAQ.

3- I live normal life in IRAQ then in 2004 I married from (Majed) and I live in Ammeria the cool place in past and now the badest.

4- In may 2005 I go to Jordan to renew my passport and I find there is immigration law so I fill I-130 for my husband and because I don't know about the law details. the embassy send me paper that my hasbund eligable to go to USA and the nned form DS-230 and I-864 and I found Iam not meet the minimum requirment of it so I leave jordan and back to IRAQ try to find some one to be a joint sponsor but I not found any one.

5- in 6-april-2006 I had my daughter (Jumana)

6- After that the situation in Iraq is very bad especially in Ammeria .We always afraid boom every were and we suffering from life and the terrorist try kill my husband twice so I escape from Baghdad/Ammeria to Sulymania (noth of iraq).

7- My husband current job is in telecommunication company and his Job Title "network secuirty specilst" and he Had CCNA certification and he had a BSC of mathmatical and I had a Biologist BSC.

8- My father own a land in baghdad he said he will give me it and i'll be the owner and my husband own one car and small trunk but the trunk we leave it in baghdad.

9- I know some friend in USA not very close but I think he can provide me only or both of us a job offer.

10 - Can I rent a flat in USA without I go to USA it mean my friend do that if he agree (I need to ask him)?

11- thats it

OK


let I say and tell is it ok

If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.

can my daughter get the visa to USA if yes go second step for my husband

I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.




is it acceptable? or I need somthing more ?



Regards and many thanks for your time.

Susan


Chris Parker
QUOTE(majedalanni @ Oct 29 2007, 02:31 PM) *
If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.
...
I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.

I think the I-864W with a Form I-134 from the friend in USA, together with the above documentation, will be the kind of strong evidence they could want to see to prove that it is not likely your child is not going to become a public charge and can be issued the immigrant visa. I don't think there is any reason to play around transferring ownership of land, cars, etc.; they are your husband's assets, and you should simply need to include your marriage certificate to prove these are assets/resources are also available to you.

For your husband, after you are domiciled in the U.S. with your daughter, you can file a new I-130 with USCIS, and hopefully by the time that is approved and sent to NVC, you'll have enough employment income in the U.S. to submit a sufficient I-864 to sponsor him, or you'll know someone to joint sponsor or have a household member to co-sponsor him.
majedalanni
QUOTE(Chris Parker @ Oct 29 2007, 09:50 PM) *
QUOTE(majedalanni @ Oct 29 2007, 02:31 PM) *
If I fill now I-130 for my daughter and the embassy accept it and then I send the I-864W with the job offers and rent contract of a flat in USA that I got them from my friend.
...
I send the I-864 and the job offers and the flat contract in USA and our B.SC and certifications and letter of my husband sallary for more 6 months in telecommunication company and the Land documents that I ownd it in IRAQ and documents of my husband cars.

I think the I-864W with a Form I-134 from the friend in USA, together with the above documentation, will be the kind of strong evidence they could want to see to prove that it is not likely your child is not going to become a public charge and can be issued the immigrant visa. I don't think there is any reason to play around transferring ownership of land, cars, etc.; they are your husband's assets, and you should simply need to include your marriage certificate to prove these are assets/resources are also available to you.

For your husband, after you are domiciled in the U.S. with your daughter, you can file a new I-130 with USCIS, and hopefully by the time that is approved and sent to NVC, you'll have enough employment income in the U.S. to submit a sufficient I-864 to sponsor him, or you'll know someone to joint sponsor or have a household member to co-sponsor him.


dear

I ownd the land and if my freind not provide me the I-134 is it ok

regards

Chris Parker
QUOTE(majedalanni @ Oct 29 2007, 03:00 PM) *
I ownd the land and if my freind not provide me the I-134 is it ok

I would bring to visa interview for your daughter whatever financial information you and your husband have got, including marriage certificate, employment letters, job offers, and the amount of cash or deposited with a bank, with or without an I-134 from the friend. The I-134 would be good to have from the friend, but it is not a requirement to have (in fact, if it helps the friend to give it to you, USCIS even admits that the I-134 is not legally enforceable against the friend). The I-134 also would only have to provide for the daughter, not you (the USC) I think.
trailmix
Hi Susan,

For your Husband and the I-864 (as your daughter is a separate issue as Chris has outlined) you can't use your foreign salary - nor can you use your Husband's foreign salary - unless this salary will continue when you move the the U.S.. You may be able to use the foreign land ownership. You may be able to use 1 vehicle value, as you own 2 (the first one doesn't count).

I don't think we know if foreign land ownership can be counted toward 'assets' for the I-864, at least I don't know and it hasn't been established in this thread.
majedalanni
Dear

I read this


Assets outside the United States

Q: Will the intending immigrant be able to count significant assets that he or she owns that are currently outside the United States, such as real estate or personal property?
A: Yes, but only under the following conditions:

The assets must be readily convertible to cash within 12 months;

The applicant must clearly demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations which severely limit the amount of cash or liquid assets an individual may take or send abroad;

The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the indicated household size.


Can free housing be counted as income?

Q: Can petitioners/sponsors who receive housing and other tangible benefits in lieu of salary count those benefits as income?
A: Yes. The sponsor may rely on income that is not subject to taxation (such as a housing allowance for clergy or military personnel), as well as taxable income. In a given case, however, the sponsor would bear the burden of proving the nature and the amount of any income on which he or she relies, but that is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.


Can a beneficiary's ongoing income be counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?
A: Under certain circumstances, yes. In order for the income to be counted, the applicant must have resided in the sponsor's household for six months prior to the completion of the Affidavit of Support. The applicant will be required to clearly demonstrate that the income will continue after his/her taking up residence in the United States




And do I need the multiplyer by 5 or by 3 to count the I-864
majedalanni
Dear

I find this




24. If I am a U.S. citizen, is my child a U. S. citizen?


A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or
born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or
adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
The child was lawfully admitted for permanent residence*; and
Either parent was a United States citizen by birth or naturalization**; and
The child was still under 18 years of age; and
The child was not married; and
The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
If adopted, the child met the requirements of section 101(cool.gif(1)(E) or rose.gif and has had a full and final adoption; and
The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
The child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(cool.gif(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

I think I can fill n-600 for my daughter and then request for a passport.

can I?

Regards

Haole
QUOTE(majedalanni @ Oct 29 2007, 02:37 PM) *
Dear

I find this




24. If I am a U.S. citizen, is my child a U. S. citizen?


A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.

A child who is:

born to a U.S. citizen who did not live in (or come to) the United States for a period of time prior to the child’s birth, or
born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child’s birth, or
adopted and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
The child was lawfully admitted for permanent residence*; and
Either parent was a United States citizen by birth or naturalization**; and
The child was still under 18 years of age; and
The child was not married; and
The child was the parent’s legitimate child or was legitimated by the parent before the child’s 16th birthday (Stepchildren or children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their parents.); and
If adopted, the child met the requirements of section 101(cool.gif(1)(E) or rose.gif and has had a full and final adoption; and
The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
The child was residing in the United States in the physical custody of the U.S. citizen parent.
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to INS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(cool.gif(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)

*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.

**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).

I think I can fill n-600 for my daughter and then request for a passport.

can I?

Regards

QUOTE
I think I can fill n-600 for my daughter and then request for a passport.

Cheaper to file for a passport than filing for a N-600. USCIS and US Passport Agency go by the same rules in establishing citizenship.
Get the passport as that is proof of USC. I'm in the process of doing so right now for my adopted stepchild.
Should know within a couple weeks. Been going on for over 10 months as I have to have had child in my legal and physical custody for 2 years. That was last Sunday. Passport peeps have been holding the application since January.
Chris Parker
QUOTE
QUOTE
I think I can fill n-600 for my daughter and then request for a passport.

Cheaper to file for a passport than filing for a N-600. USCIS and US Passport Agency go by the same rules in establishing citizenship.
Get the passport as that is proof of USC. I'm in the process of doing so right now for my adopted stepchild.
Should know within a couple weeks. Been going on for over 10 months as I have to have had child in my legal and physical custody for 2 years. That was last Sunday. Passport peeps have been holding the application since January.

While your advice is true, it still doesn't apply to the OP.

OP is not in the U.S., and the child is not a U.S. citizen because the USC parent only lived in the U.S. until age 3.

Form N-600 can only be filed if the child is already in the U.S. and has become a USC.

Not sure how the OP came up with the idea that she could skip the step about getting an immigrant visa to filing N-600, but she obviously is getting confused...
majedalanni
Dear

About N-600 I ask lawyer in USA and tell me that but may he not know all my story.

I read act of 2000

Child Citizenship Act Of 2000


Fact Sheet

Purpose

On February 27, 2001, the Child Citizenship Act of 2000 becomes effective. The aim of this law, which, among other things, amends Section 320 of the Immigration and Nationality Act (INA), is to facilitate the automatic acquisition of U.S. citizenship for both biological and adopted children of U.S. citizens who are born abroad and who do not acquire U.S. citizenship at birth. We are pleased to note that, because of this law, U.S. citizenship will be conferred automatically upon thousands of children currently in the United States.

Requirements

The following are the Act's requirements:

At least one parent of the child is a U.S. citizen, either by birth or naturalization.

The child is under the age of 18.

The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.

If the child has been adopted, the adoption must be final




Do I meet the requirments? unsure.gif for send I-864w to embassy.
Chris Parker
QUOTE(majedalanni @ Oct 30 2007, 09:01 AM) *
Do I meet the requirments? unsure.gif for send I-864w to embassy.

The requirements you are reading are correct.

The key sentence you seem to misunderstand:

"The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence."

To meet that requirement, the child usually must enter the U.S. with an immigrant visa or obtain adjustment of status approval.

I-864W is one of the forms you may need to get the prerequisite immigrant status for the child required by this law.

As the process works, the child enters the U.S. as an immigrant, but gets a Certificate of Citizenship in the mail from USCIS rather than a Permanent Resident card.
majedalanni
Dear

Can u check this lawyer email? what u think ?



YOur daughter does not need any visas or sponsors - you have to submit an N-600 form for her at US consulate with proof of your being her mother and your being US citizen. It means nothing that you haven't stayed physically in US for 5 years or any years since you are a citizen by birth.

If you don't have a co-sponsor for your husband, he will not get approved for a greencard.


-----------------------------------------------------------------------
Sent: Monday, October 29, 2007 7:47 PM
To: Marina Shepelsky
Subject: RE: Answer with more questions


Dear

Many thanks for your fast respone

Did you mean I can take my daughter with me even if I not stay physiclly 5 years in USA?
and my friends he said I cant be co sposor u as I said he is net very close friend.

Thanks agian

Regards

Susan Khalid
+9647701103313

Marina Shepelsky <marina@shepelskylaw.com> wrote:

First, your daughter does not need a visa. She is a US citizen by having a mother that is a US citizen. You need to file N-600 for your daughter at the US consulatein either Iraq or Jordan together with a copy of your birth certificate showing that you (her mother) are a US citizen and that she must receive a Certificate of Citizenship as a child of a US citizen. Then, you can simply get her a US passport at the consulate and you and her can travel to US without any kind of visa.

Second, if your US friend simply gives you copies of his 2006, 2005, and 2004 income tax returns together with copies of his 2 recent months paystubs, and together with a copy of his birth certificate and passport showing his US citizenship by birth (or if he became US citizen by naturalization, a copy of his Naturalization and US citizenship certificate) and he signs an I-864 supporting only your husban and the friend's dependents - if he makes at least what the Poverty guidelines dictate for the household of his size, your I-130 petition for your husband should be approved. Only your husband needs to have I-130 petition by you for him. The co-sponsoring friend should not include you and your daughter in the Affidavit of support, only your husband is the supported alien. Can your friend call me and we can discuss this further? There is no need for a job offer nor a flat lease for you. All you guys need is an I-130 petition to be approved by you for your husband and have your Colorado friend be a co-sponsor with you.

Regards,
marina shepelsky

Marina Shepelsky, Esq.
Law Offices of Marina Shepelsky, P.C.
936 Kings Highway, 2nd Floor
Brooklyn, NY 11223
Tel: 718-769-6352
Fax: 718-769-2391
e-mail: marina@shepelskylaw.com
Chris Parker
QUOTE(majedalanni @ Oct 30 2007, 01:42 PM) *
First, your daughter does not need a visa. She is a US citizen by having a mother that is a US citizen. You need to file N-600 for your daughter at the US consulatein either Iraq or Jordan together with a copy of your birth certificate showing that you (her mother) are a US citizen and that she must receive a Certificate of Citizenship as a child of a US citizen. Then, you can simply get her a US passport at the consulate and you and her can travel to US without any kind of visa.

The lawyer's response seems somewhat flawed to me in two important ways: (however, I am not a lawyer, and this just my unqualified opinion based on my perhaps less than perfect understanding of these laws)
  1. If your daughter were indeed a citizen at birth, you would not file Form N-600 at the embassy, but rather Form DS-2029, Consular Report of Birth Abroad of a U.S. Citizen, which is a similar application for use when outside the U.S. (perhaps this inaccuracy is just a technicality, however)
  2. The lawyer seems to be overlooking the full set of requirements in INA §301 (8 U.S.C. 1401) or lacks full understanding of your exact situation. As you have described it here, there is only one U.S. citizen parent, you. If both parents were U.S. citizens, then what the lawyer said would appear to be correct. We here think INA 301(g) properly describes your daughter's situation and denies her citizenship at birth.

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

( a ) a person born in the United States, and subject to the jurisdiction thereof;

( b ) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

( c ) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

( d ) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

( e ) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

( f ) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

( g ) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person ( A ) honorably serving with the Armed Forces of the United States, or ( B ) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

( h ) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899
majedalanni
is it mean she is wrong
majedalanni
I ask her and she answer me:





If you have US birth certificate, you are US citizen, it does not matter how long you lived here. On the other hand, you can never be president of the US.



--------------------------------------------------------------------------------

Sent: Tuesday, October 30, 2007 4:48 PM
To: Marina Shepelsky
Subject: RE: Answer with more questions


Many thanks for reply

But I am confused I read N-600 requirement is it right for me ?

I just live 3 months is USA after born and back to Iraq and I never back to USA again and my age now 30 and my husband are Iraqi citizen.

Regards
Chris Parker
QUOTE(majedalanni @ Oct 30 2007, 05:10 PM) *
If you have US birth certificate, you are US citizen, it does not matter how long you lived here. On the other hand, you can never be president of the US.

I think you need another lawyer.
Nutty
QUOTE(majedalanni @ Oct 2 2007, 06:42 PM) *
Dear Sir

My name Susan Khalid ,I am a US citizen live whole my life in IRAQ . I got my citizenship by born in Colorado in 1977 and I stay in USA just only two months and then back to IRAQ and stay in it till know and I had new passport type P valid to 2015 I renew it from US embassy in Jordan.


This is my story:

I married in 23-Dec-2004 and I had one child (both my husband and daughter are IRAQI citizen).

The terrorist try to kill my husband because they know he is married a (US citizen) So I escape from Baghdad to Sulymainia north of IRAQ but I leave every thinkg in Baghdad (my house, my car).

I decide to travel to USA with my family ( My husband and My daughter),
but I see it must need a sponsor and I must fill the I-864 form!!!

But I'm not meet the minimum requirement of I-864 and I don't know any one in USA to be a joint sponsor or I can't go to USA without my daughter because her age is one year and half so she need alot of care.

So I need a way to travel to USA and live in peace and safe with my family? (Please I dont need link to web sites because I read them all , I need advise)

Please Your fast response are appreciated.


Regards
Susan Khalid
+9647701103313


The only way you can sponsor your family to the USA is if you can find another US citizen who can sponsor your family - or - you come to USA and settle before your family comes. Get a job and then file for visa for your husband and daughter. These are the only ways I can think of.
majedalanni
Dear

I had question?

If one sponsor my husband and my daughter.

so u tell me what the problem can they effect on him?

When my daughter be a citizin and my husband when he get green card?

If they got them and my husband find job and me too can we cancel the I-864 for the joint sponsor


regards and many thanks
V&Steve
QUOTE(majedalanni @ Oct 2 2007, 09:42 PM) *
Dear Sir

My name Susan Khalid ,I am a US citizen live whole my life in IRAQ . I got my citizenship by born in Colorado in 1977 and I stay in USA just only two months and then back to IRAQ and stay in it till know and I had new passport type P valid to 2015 I renew it from US embassy in Jordan.


This is my story:

I married in 23-Dec-2004 and I had one child (both my husband and daughter are IRAQI citizen).

The terrorist try to kill my husband because they know he is married a (US citizen) So I escape from Baghdad to Sulymainia north of IRAQ but I leave every thinkg in Baghdad (my house, my car).

I decide to travel to USA with my family ( My husband and My daughter),
but I see it must need a sponsor and I must fill the I-864 form!!!

But I'm not meet the minimum requirement of I-864 and I don't know any one in USA to be a joint sponsor or I can't go to USA without my daughter because her age is one year and half so she need alot of care.

So I need a way to travel to USA and live in peace and safe with my family? (Please I dont need link to web sites because I read them all , I need advise)

Please Your fast response are appreciated.


Regards
Susan Khalid
+9647701103313




V&Steve
Dear Susan,

I've came across this thread and your situation is real delicate. I would advise you to move to a third country with your family, while you get a hold and find a way to get to the U.S with them.
I guess that this would be a safer option while the whole documentation process is pending on a solution.

I hope you're all well and that everything works out for the best soon.


Best Regards!
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