I-130s for Husband and Children

[mypcool 5]

Hello all, 

 

My wife is currently filling out an I-130 for me and our children. 

 

As far as I understand each child must have their own form and payment. 

 

When we submit do can we send all 4 applications as a package?  Or do we need to keep them all separate? If we can send together do we need separate supporting documents for each (4 cover letters 4 copies of her passport etc.)?  Or is one set good enough?  

 

As well on each form do we fill in the other 4 members of the family? For example on mine i would put my wife and 3 kids. on my oldest i would put my wife, myself and my 2 younger kids etc.

 

As well is there anything about our situation that you think I may be missing? 

 

Thank you in advanced. 

 

 

 

 

 

[geowrian 22,337]

Just to clarify, by "our children" you are referring to stepchildren, right? Because if they're your biological children, they likely already derived US citizenship and don't need (nor can obtain) a US visa. They would just need proof of their US citizenship + passports in that case.

 

Assuming they are either stepchildren or do not qualify to derive citizenship, then yes you must file an I-130 for each child. You can put them all in one package, but they are still separate petitions with their own fees and documentation and such. USCIS generally tries to keep them together, but it's possible some may go faster than others, but you can wait until they're all set at NVC (after approval) anyway.

 

On each I-130, you would fill out all fields as they relate to that beneficiary. It might be a good chunk of time repeating the same type of information 4 times, but it is what it is. But yes, list all family members as they apply each time.

[NigeriaorBust 4,087]

  Actually if they are both your children then the question becomes can your spouse pass citizenship to the kids ?   If not you do need to file the I130 to get them to the US and they become USC the moment they arrive.  

[mypcool 5]

Thank you both for your quick reply.

 

Firstly these are both of our children and not step or adopted.

 

My situation is a bit atypical as my wife became a US citizen through her grandparents but never actually lived there. As far as I understand that means it should that she cannot pass on her citizenship to our children. Because of this I am assuming that I will need separate applications for each. 

 

Is this correct? 

 

If it is, just to summarize, I would be creating a brand new package for each of my children and I, but I will be able to submit them all at the same time in the hopes of keeping them all together.

 

 

I guess taking my question one step further does my wifes situation change anything from the standard process?

 

Thanks again! 

[geowrian 22,337]

2 hours ago, mypcool said:

Firstly these are both of our children and not step or adopted.

 

My situation is a bit atypical as my wife became a US citizen through her grandparents but never actually lived there. As far as I understand that means it should that she cannot pass on her citizenship to our children. Because of this I am assuming that I will need separate applications for each. 

 

Is this correct? 

 

If it is, just to summarize, I would be creating a brand new package for each of my children and I, but I will be able to submit them all at the same time in the hopes of keeping them all together.

 

I guess taking my question one step further does my wifes situation change anything from the standard process?

Assuming they also cannot derive citizenship from a grandparent and you don't meet the physical presence requirement to do so yourself (which sounds like the case), then yes the process is the same. You would file an I-130 for your spouse and each child.

 

The only difference is your children would become USCs the moment they enter the US on their immigrant visas and in your care. You can file for US passports for them at that time. You can file an N-600 to get a naturalization certificate for each child, but honestly it's a waste of money since the passports are much cheaper, faster, and more useful than a piece of paper, and both work as proof of being a USC.

 

Edit: Since you've never lived in the US and going through Montreal, they will look very closely at domicile. You will need to establish US domicile (or show sufficient intent to do so) before they will issue the immigrant visa.

Edited April 25, 2018 by geowrian

[pushbrk 12,979]

2 hours ago, geowrian said:

Assuming they also cannot derive citizenship from a grandparent and you don't meet the physical presence requirement to do so yourself (which sounds like the case), then yes the process is the same. You would file an I-130 for your spouse and each child.

 

The only difference is your children would become USCs the moment they enter the US on their immigrant visas and in your care. You can file for US passports for them at that time. You can file an N-600 to get a naturalization certificate for each child, but honestly it's a waste of money since the passports are much cheaper, faster, and more useful than a piece of paper, and both work as proof of being a USC.

 

Edit: Since you've never lived in the US and going through Montreal, they will look very closely at domicile. You will need to establish US domicile (or show sufficient intent to do so) before they will issue the immigrant visa.

"You" and "your" as used above refers to your wife who is the US Citizen.  Otherwise the above is correct.  File them all together with separate checks for each stack.  Put your petition package on top, followed by the children (logically) in order of age from oldest to youngest.

[mypcool 5]

 

First of all thank you all for your response regarding my question. 

 

I do have off topic responses to some of your points. 

 

3 hours ago, geowrian said:

Assuming they also cannot derive citizenship from a grandparent and you don't meet the physical presence requirement to do so yourself (which sounds like the case), then yes the process is the same. You would file an I-130 for your spouse and each child.

Apparently this was something that the US allowed for a window of a few years. Now grandparents cannot extend to grand kids. (unfortunately) 

 

3 hours ago, geowrian said:

Edit: Since you've never lived in the US and going through Montreal, they will look very closely at domicile. You will need to establish US domicile (or show sufficient intent to do so) before they will issue the immigrant visa.

 

I already have a job lined up for myself (non-citizen) have schools picked out for our kids and have a place to live. Does this sound sufficient to prove domicile?

 

In short I feel that from what I have read that immigrating with a larger family kind of makes it easier to prove domicile as I would not be able to even entertain the idea of moving without having everything set up on the other end (schools, work, living arrangements etc.) and bonafide marriage. Three kids with long form Canadian Birth certificates for each of them showing both our names. From what I have read this would be the best proof. Is that correct?

 

Moving my 5 person family is like steering a cruise liner... 

 

Thanks again!

 

 

 

[NikLR 13,227]

Domicile is the issue for the USC not the beneficiary.  If going through Montreal please check out the Canada forum and the thread specifically on domicile. 

[mypcool 5]

1 minute ago, NikLR said:

Domicile is the issue for the USC not the beneficiary.  If going through Montreal please check out the Canada forum and the thread specifically on domicile. 

Thanks

[jan22 3,056]

42 minutes ago, mypcool said:

 

First of all thank you all for your response regarding my question. 

 

I do have off topic responses to some of your points. 

 

Apparently this was something that the US allowed for a window of a few years. Now grandparents cannot extend to grand kids. (unfortunately) 

Just to clarify, transmission of citizenship through the grandparents is still possible under the Child Citizenship Act.  When parents do not meet the physical presence requirements for transmission of citizenship, but the grandparents do, the grandparents can transmit their citizenship to their grandchild. In your case, your wife's parents must not have met the physical presence requirements, since they could not transmit their US citizenship to your wife, who then received US citizenship through her grandparents. Therefore, neither your wife nor the grandparents in your case (i. e., your wife's parents) apparently had sufficient physical presence to transmit US citizenship to your child.  Great-grandparents (your wife's grandparents) cannot transmit US citizenship to a great-grandchild.  A bit confusing, but wanted to clarify for those who might benefit from this method.