affidavit of support and visa advice needed for children

[smiler 0]

Hi

I need advice about which visa I need and if I need to file an affidavit of support.............

I am daughter of a US citizen of who lived in the US until he was 29 yrs and then moved to the UK and has been in the UK for 25 yrs.

I have duel citizenship, US and UK passports. I have never lived in the USA.

I have a child born in the UK and I am a single parent , father is not on the birth certificate.

I want to go and live in the USA with my child.

I want advice as to what visa I need for my child and do I have to fill out an affidavit of support for my child.

Can I bring him with me to the USA and then start the process for his visa or do I wait here in the UK?

I plan on getting a job in the US so can I have my son there on a holiday visa and then apply ....do I have to be in the USA for a period of time in order to sponser him?

I have never lived in the USA so even though Ive read other peoples stories I cant find one that fits my story......

thanks in advance!

[NikLR 13,220]

~~moved to bringing family of USCs to America from What Visa Do I Need~~

You would have to petition your son in the UK as you cannot pass citizenship to him currently. But when he arrives in the USA he would be a USC immediately. He would need an I-864w when you get to that point.

I suggest having signifigant savings and/or a job, and a place to live set up before you both move to the USA.

I am unsure if this is something you can do via DCF or not.

[aleful 1,905]

hi

how old is your child? Under 21 or over 21?

[smiler 0]

He is under 21 yrs .............

thank you for your reply....

the I-864w .... is this the affidavit? Do I have to prove income is enough for us to live above poverty line?

[NigeriaorBust 4,087]

It is a waiver of the I864 because as soon as he step on US soil with an immigrant visa he can claim citizenship as the minor child of a USC lawfully permitted to reside in the US ( he can't do that on VWP or a visitors visa )

Isn't 18 the key age for claim to citizenship for a child ?

Edited April 3, 2015 by NigeriaorBust

[Boiler 43,430]

Depending on his exact age you may need father/court approval.

[smiler 0]

thank you .....that helps ....I had read elsewhere as I hadnt lived in the USA at all, that the five year requirement of residing in the US would apply to me and I would then have to file an affidavit of support for him.....he is 5 yrs old..........

he has never had contact with his father and his name is not on the birth certificate

didn't realise he would be a citizen as soon as he arrived in the US..... thank you

Edited April 3, 2015 by smiler

[jan22 2,898]

thank you .....that helps ....I had read elsewhere as I hadnt lived in the USA at all, that the five year requirement of residing in the US would apply to me and I would then have to file an affidavit of support for him.....he is 5 yrs old..........

he has never had contact with his father and his name is not on the birth certificate

didn't realise he would be a citizen as soon as he arrived in the US..... thank you

He will be a citizen as soon as he arrives if he is admitted as a Legal Permanent Resident at that time (i.e., he enters on an immigrant visa). If he enters as a tourist/visitor, he does not automatically become a US citizen at that time; that will happen only once he becomes a legal resident. Edited April 3, 2015 by jan22

[aaron2020 11,651]

Hi Smiler,

Here is the cool part. Once your so is admitted to the U.S. as an LPR, he will automatically become a USC. However, he must be admitted as an LPR. Since he will be a USC, you do not need to meet any financial requirement. You file the waiver, I-864w.

You can file from the UK. This is the proper way to do it. It will take from a few months to a year to get him a visa.

It is immigration fraud to enter in the VWP with the intent to immigrate and do the paperwork in the US. I am not advocating that you do this.

However, US laws are strange. Under U.S. Laws as articulated in Matter of Battista and Matter of Cavazos, the immigrant intent of an Immediate Relative of a USC is not a valid reason to deny an adjustment. There are no penalties.

You now have the knowledge of what the laws are. I am not advocating you do anything. I am simply giving you the laws. You decide what is best for your family and what the penalties are.

Best of luck.

[Boiler 43,430]

You forgot one important law, Hague Convention.

[aaron2020 11,651]

You forgot one important law, Hague Convention.

There is no father listed on the birth certificate.

Not a Hague Convention problem if dad is unknown.

Neither of us have any details.

[Boiler 43,430]

I assume she has an inkling of who the father is. And it is relevant, birth certificate is not.

[smiler 0]

thank you for your replies....much appreciated !!!!!!!