Jump to content
julian2009

Does my US citizen husban need to file a separate I-130 for our minor children

23 posts in this topic

Recommended Posts

Hello Vj members I would like to ask question. Does my USC husband have to file a separate I-130 petition for our minor children?. We are immidiate relatives, so it will be for I-R1 visa. Please help we are kina confuse.

Thank you

Share this post


Link to post
Share on other sites

Hello Vj members I would like to ask question. Does my USC husband have to file a separate I-130 petition for our minor children?. We are immidiate relatives, so it will be for I-R1 visa. Please help we are kina confuse.

Thank you

Are the children biologically his? If yes, check if they qualify for CRBA.

http://canada.usembassy.gov/consular_services/birth-abroad.html

Share this post


Link to post
Share on other sites

@ apple yes they are his biological children, but they are not qualify for CRBA.

We already filed an I-130 for me thinking that they will get there visa with me. My petition is at the NVC stage. Now I dont know what to do. We also filed for K-3/K-4 visa. And its also at NVC.

Thanks

Share this post


Link to post
Share on other sites

Hurry and file i130 for each child.... tell husband to mail it overnight express.

Share this post


Link to post
Share on other sites

Does my US citizen husban need to file a separate I-130 for our minor children

Yes.

Since _YOUR_Casefile is at NVC, I-130 approved,

when your husband files the new I-130s on the children,

ask for (via written letter with the submittal) an expedite, claiming Mom's I-130 is already approved - show a copy of the NOA-2 with each new I-130 submittal.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

OK I will.

But will that slow down the process for my visa?

Thank you

No. Yours will go on as normal.

Share this post


Link to post
Share on other sites

If you and your husband were married at the time the children were born and your husband was a USC, they should already be automatically US citizens. Unless things changed since we had our son in 2003.

Because they children do not qualify under the CRBA then an I-130 is needed. Once the children reach the USA they will become USCs upon POE. Then they just need a US passport at that time. An I-864w needs to be filed for them.


OP:

The children will need to go through the petition and visa process as normal though and that means a medical and interview. If you wish to arrive ahead of your children then by all means keep going with your visa process. If you want everyone to have medicals and interviews on the same date, you need to stop any NVC process for yourself and wait foe the children's I-130s to catch up to yours.

There is no telling how long their petitions will take. Most of the time including a letter and a copy of the parent's NOA2 speeds up the process but the USCIS will do things at their pace.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

@NLR

Thanks very much for your reply. We didnt even know that once our children reach USA they will become USCs upon P.O.E. What do you mean by (Then they just need a US passport at that time)?

We will send their I-130 tomorrow, I would like to know if we have to send in the G-325 biographic information for them and passport pictures.

Thanks

Share this post


Link to post
Share on other sites

Read the I-130 instructions on what is needed for children.

After the children arrive in the USA they will become USCs. At that point they will not need a green card and they can get a US passport, as all USC need a passport to enter and leave the USA.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×