USC petitioning for natural born child (1++ year old). Duration?

[abum 324]

Hi all.

 

May i know what is the best case scenario for a USC (who lived out of the USA for the majority of her life - so the citizenship cannot be passed automatically) to petition and bring a natural born child into the USA for immigration purpose? Let's just say the form I-130 had been received this week at Nebraska. 

 

The USC is not in the USA at the moment and has never entered USA after leaving the USA when she was a child.

What's the best case scenario for the duration of the process? (to plan for migration purpose). And any ways to try expediting the process? (or maybe things that the USC can prepare early to help expediting the process - like filling out forms earlier etc). 

 

Thank you.

[Penguin_ie 5,994]

It will take about a year.  The USC parent will need to show intent to re-establish domicile, so I would suggest they visit the USA during the petition, look for a job and a place to live, somewhere to enroll the kid in daycare/ school etc.  Also, make sure the USC parent files taxes with the IRS if they haven't.

[abum 324]

The USC has recently filed all overdue tax filing (she has not started her career until recently). I hope we are good in that area.

 

What if the USC not able to go to the USA while the petition takes place?

 

Additional info, the USC is married to the father of the child (born in wedlock) and the father along with the child's big brother got Green Card via Diversity Visa end of 2016. (the child did not get included in the DV process as he was born AFTER the DS260 submission but before the interview process - the embassy during DV interview was made aware of this and the DV is still granted to the father and big brother).

Father and big brother activated the GC end of last year and will be in the USA again end of this year too for 3 months. The eldest child - 4 year old -  might enroll onto a school for his age while in the USA. (the 1 year old child cannot go through the route of child of LPR and be granted I 551 at PoE as that option is not available since the child was born before the DV visa is issued). 

 

Would this show a good intention of the USC re-establishing domicile in the USA (as the spouse and eldest child are granted GC and are maintaining the GC)?

Do you foresee any other issues that we might encounter?

[Penguin_ie 5,994]

You don't HAVE TO visit the USA, it just makes proving intent to re-establish domicile easier; having the husband and borther with greencards, essentially waiting for the baby to get one, will help with that. There are things you can do from abroad, such as looking for a home to live in )or letter from family saying you can stayn with them), looking at daycares, signing up with job agencies and keeping the emails etc,

[abum 324]

Cool. I will try my best to show that when i go to the USA with the eldest son. 

 

Thank you!