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Taking wife and kids to the US

By DRA in Bringing Family Members of US Citizens to America

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DRA Rookie

DRA   1

Posted
Filed: Other Timeline
Posted

Hello Plase I need some information about my case.

Im a US Citizen that has live all his life outside the US, I was born in the US, I want to take My wife and 2 kids to live in the US.

The question will be, what kind of visa do I need to fill... I have being reading that the I-130 will be one I should use.. but I´ll like you all to help me..

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aaron2020
aaron2020

Since you have lived outside the US all your life, you do not meet the 5 years residency/physical presence to pass US citizenship to your children. You need to file an I-130 for each member. Each wi

DRA
DRA

thats what Im looking for... I´ll like to move to the US on January 2015, but I dont know what to do first, and how much time It will take to have the immigrant vista. I already send a email for

aaron2020
aaron2020

It's going to take longer than 8 months. Expect a year. The US Embassy is not your lawyer. Their job is not to advise you how or what to file. If you can follow directions and are dilligent about

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hello Plase I need some information about my case.

Im a US Citizen that has live all his life outside the US, I was born in the US, I want to take My wife and 2 kids to live in the US.

The question will be, what kind of visa do I need to fill... I have being reading that the I-130 will be one I should use.. but I´ll like you all to help me..

Since you have lived outside the US all your life, you do not meet the 5 years residency/physical presence to pass US citizenship to your children.

You need to file an I-130 for each member. Each with need his or her own I-130.

For the I-864, you will need to file US tax returns for the last three years or provide a valid excuse from filing. US citizens are taxed on worldwide income even if no money is earned in the US and the taxpayers are living abroad.

You will also need a Joint Sponsor who can meet the I-864 obligations.

TBoneTX Grand Master

TBoneTX   46,469

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

One post removed for advocating visa fraud; this post edited to remove the quote, and returned to the thread:

OP should file I-130 for the wife (CR1/IR1) and check if the kids qualify for Consular Reports of Birth Abroad (CRBA) which will make them US citizens and doesn't required visa to travel back to US. OP would have to apply US passport for his kids to travel.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

TBoneTX Grand Master

TBoneTX   46,469

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Post edited and returned to the thread:

You can try Direct Consular Filing in the US Embassy of the country you're residing in.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

TBoneTX Grand Master

TBoneTX   46,469

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Original and quoting posts have been removed from this thread for violating this directive in the VJ Terms of Service:

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

Anyone violating the above, in this thread or any other, is subject to administrative action.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

DRA Rookie

DRA   1

Posted
Filed: Other Timeline
  • Author
Posted

what about The Child Citizenship Act of 2000, some time ago, someone told me that I can use this act for my childrens, But I dont know if the have to travel with a turist visa or with a imigrant visa.

DRA Rookie

DRA   1

Posted
Filed: Other Timeline
  • Author
Posted

thats what Im looking for... I´ll like to move to the US on January 2015, but I dont know what to do first, and how much time It will take to have the immigrant vista.

I already send a email for the Embassy and they have not awnser..

Will it be better to hire and immigrant lawer? or I can do it be myself.

Thanks...

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

After your arrival in the US you can immediately file i130 for your wife and kids. Each will have a form of their own with separate cheque payments. Read the i130 instructions.

The entire visa process will take more or less a year.

Lots if people filed without a lawyer and made it through. You can get lots of helpful info here on VJ.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

what about The Child Citizenship Act of 2000, some time ago, someone told me that I can use this act for my childrens, But I dont know if the have to travel with a turist visa or with a imigrant visa.

4 requirements for the CCA;

1. Have a USC parent, AND

2. Live with the USC parent, AND

3. Be under age 18, AND

4. Be admitted as an LPR.

Tourist visas give them nothing.

You need to get them immigration visas.

The cool part is you can use the waiver for the I-864 which is called the I-864w.

Unfortunately, you will need to count your kids on the I-864 for your wife.

Edited by aaron2020
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

thats what Im looking for... I´ll like to move to the US on January 2015, but I dont know what to do first, and how much time It will take to have the immigrant vista.

I already send a email for the Embassy and they have not awnser..

Will it be better to hire and immigrant lawer? or I can do it be myself.

Thanks...

It's going to take longer than 8 months. Expect a year.

The US Embassy is not your lawyer. Their job is not to advise you how or what to file.

If you can follow directions and are dilligent about it, you can do it like us. If you are lost, then get a lawyer.

DRA Rookie

DRA   1

Posted
Filed: Other Timeline
  • Author
Posted

Ok.

So, I have to travel alone first? and fill the I 130 in the US?

or they can enter in the US with a turist visa, and stay in the US while I fill all the forms and start appying for the US residence ?

What I dont know is, how my kids and wife will leave and enter the US the first time. one is 4 years, and the other is less than 1,

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Ok.

So, I have to travel alone first? and fill the I 130 in the US?

or they can enter in the US with a turist visa, and stay in the US while I fill all the forms and start appying for the US residence ?

What I dont know is, how my kids and wife will leave and enter the US the first time. one is 4 years, and the other is less than 1,

No. You do not have to travel alone first. You only need to show intent to establish a US domicile.

You can file the I-130s now from abroad.

You cannot use tourist visas to immigrate to the US early. It's immigration fraud to enter the US on tourist visas with the intent to immigrate.

The 4 of you can enter together.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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