Need help with I-130, not sure if correct process for us

[Sebas&Lily 3]

Hello, I am trying to help out some family friend of ours and I am not sure they filled out the correct visa process. So, the mother, a US Citizen, gave birth to her child in Canada and now lives in Europe. What the mother is trying to obtain is citizenship for her child. My understanding is that all she has to do is go to the local embassy and fill out some forms, present the current birth certificate and that should be enough for the US to release a US birth certificate or whatever they give her child to become a US citizen. What is the proper procedure here? Did they do right by applying for an I-130?

[Inky 1,110]

Is the child living in Canada or Europe?

If the child is living in Canada they have a special process to claim US citizenship as an adult and it does not use the I-130.

[Sebas&Lily 3]

the child is living in Europe with mom at this time, for the last 3 years. She lived about 2 and a half years in Canada previously.

[pushbrk 12,234]

the child is living in Europe with mom at this time, for the last 3 years. She lived about 2 and a half years in Canada previously.

The answer to your question depends on whether the child is entitled to US Citizenship immediately or only after entering the USA. This depends on how much time after age 14 the mother actually spent in the USA. If the mother has not been living in the USA since childhood, the I-130 was the correct path. If the mother spent several years (don't remember exactly how long but think it's five years) living in the USA after age 14, then a Consular Report of Birth abroad is the correct procedure.

[Sebas&Lily 3]

I see, yes, the I130 is the correct path since the mother of the child came to the US in '97 and spent about 10 years here. My next important question is:

Do we need a I864W filled out for her daughter? From my understanding, the mother has to fill out one, I864 (obvious) but she has no income so the child's grandmother will also fill out a I864. Correct? Do we need to fill out the I864W for the child? That's the exemption one where we specify that she will become a US Citizen once she arrives in the USofA.

[pushbrk 12,234]

I see, yes, the I130 is the correct path since the mother of the child came to the US in '97 and spent about 10 years here. My next important question is:

Do we need a I864W filled out for her daughter? From my understanding, the mother has to fill out one, I864 (obvious) but she has no income so the child's grandmother will also fill out a I864. Correct? Do we need to fill out the I864W for the child? That's the exemption one where we specify that she will become a US Citizen once she arrives in the USofA.

One of us is lost here. If the mother spent ten years in the USA after age 14, then a CRBA, not an I-130 is the correct path.

[Sebas&Lily 3]

the mother of the child came here at 18yo with the visa lottery, had a green card, became a citizen through naturalization

[pushbrk 12,234]

the mother of the child came here at 18yo with the visa lottery, had a green card, became a citizen through naturalization

OK. So, if the mother was an adult US Citizen when the child was born, you have to apply the test to see if the Child qualifies for a US passport. If not, you file the I-130, obtain an IR2 visa and the child received citizenship upon arrival. In the second case, yes, you use the I-864W. First, determine if the CRBA will work. Sounds like it will but I'm going to let YOU do that homework.

[Darnell 8,478]

I see, yes, the I130 is the correct path since the mother of the child came to the US in '97 and spent about 10 years here.

If 5 of those years are after age 14 as a US Citizen, then the I-130 is not the correct path.

Please to study up on 'CRBA' with the USCitizens Services Web Page of the country in Europe that your friend resides in - all of the instructions for 'how to do' are covered there.

Edited March 5, 2012 by Darnell