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smiler

affidavit of support and visa advice needed for children

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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!

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~~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.


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

 

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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 by NigeriaorBust

This will not be over quickly. You will not enjoy this.

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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 by smiler

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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 by jan22

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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.

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You forgot one important law, Hague Convention.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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