Seed of Doubt my children (2 questions)

[mypcool 5]

Hello all, 

 

I apologies for making this post but I need to ask. 

 

I have been reading obsessively all the forums and guides and I even am almost filling out all my forms. Today i was talking to a friend of mine who basically told me i was doing everything wrong... 

 

I am pretty sure that i am correct but I need to ask I am going crazy... 

 

My wife is a US citizen that has never lived in the US and became a citizen through her grandparents. Now she wants to petition for myself and our 3 children (under 7 yrs old) to immigrate. 

 

From my research she needs to file 4 separate (but can be in the same envelope) I-130s for each of us. The only difference between myself and our children in this process would be that for me we would need to show our marriage and prove that it is bonafide. for my children it would only need the birth certificate. 

 

Once we get the NOA2 (hopefully at the same time but probably not) they would send it over the the NVC. At this point for my children and myself we would go about the regular NVC process with the IV and AOS fees and other forms but instead of the I-864 i would file the I-864w for them. 

 

Once we get approved and go through the interviews, upon our first entry my children would become full citizens. 

 

Does this sound correct? 

 

My friend said that because my wife never lived in the states the process would be different (that the I-130 route is incorrect)  and my children would end up with green cards as opposed to citizens.

 

In short, would the fact that my wife never lived in the US change anything about the process (besides having to prove domicile at the NVC level)?

 

As well I cannot find in any of the guides were I would be able to sync up the cases. In short where would i be able to engineer that our interviews are all at the same time?  

 

(for that matter would my little children even have an interview? i have not seen anywhere that would make me think otherwise but i doubt my 1 month old would  have much to say...)

 

Again thanks a million  for staying with me. My friends comments have me going crazy! 

 

Thanks!

[TonyCH 13]

When your kids were born, was your wife a US Citizen? If yes, you can just get a certificate of birth abroad, they are all US Citizens as well.

 

For you, she either needs to send i130 to USCIS or you guys could do Direct Consular Filing

[Boiler 45,666]

Canada is particularly strong on Domicile, is he moving first?

[NikLR 13,227]

You are right and your friend is wrong. 

You link up the cases at the NVC.  There will only be one AOS fee of $120 to pay.

[mypcool 5]

Thanks all for your responses. I do have a couple of points to clarify. 

1 hour ago, Dee elle said:

Years, several of which must have been after she was 16, in order to pass citizenship to her children .. they do not appear to be eligible for CRBA so need to be petitioned for permanent residents first 

Does this mean that they will get green cards? As far as I understand they need to be petitioned for but skip straight to citizen when they enter the USA. 

 

1 hour ago, Boiler said:

Canada is particularly strong on Domicile, is he moving first?

I am not sure what you are asking. 

 

51 minutes ago, NikLR said:

You are right and your friend is wrong

So to confirm.... Again. I-130s for all? Citizenship for the kids? Green card for me?

 

Thanks again. 

[milimelo 4,502]

Embassy in Canada is really particular about domicile for the petitioner. Is your wife prepared to move to the US ahead of time and get a job and other domicile establishing things? 

 

Has as she filed US taxes? How is she going to sponsor you? 

[NikLR 13,227]

5 hours ago, mypcool said:

Thanks all for your responses. I do have a couple of points to clarify. 

Does this mean that they will get green cards? As far as I understand they need to be petitioned for but skip straight to citizen when they enter the USA. 

 

I am not sure what you are asking. 

 

So to confirm.... Again. I-130s for all? Citizenship for the kids? Green card for me?

 

Thanks again. 

Yes. Technically they need to be an LPR and in the USC parent's physical custody to become a USC. In your case that will be when the children enter the USA with their IR2 visas. 

[mypcool 5]

5 hours ago, milimelo said:

Embassy in Canada is really particular about domicile for the petitioner. Is your wife prepared to move to the US ahead of time and get a job and other domicile establishing things? 

 

Has as she filed US taxes? How is she going to sponsor you? 

To be honest even though it's a year plus away because we would be moving our 5 person family before I even started THINKING about moving I already have a job for myself, schools for children, living accommodations and potentially a job for her. As things get closer there will be more. 

 

Sounds good? Am I over confident? 

 

1 hour ago, NikLR said:

Yes. Technically they need to be an LPR and in the USC parent's physical custody to become a USC. In your case that will be when the children enter the USA with their IR2 visas. 

This makes me feel vindicated. After all that research to have my friend stomp on it was "traumatic". (I saw avengers last night and could not concentrate, but that is neither here nor there) 

 

If this is the case is there a scenario where a younger child would have a green card? I think he does not know what he was talking about but this is what he says and I told him it should not be possible. 

 

As always, thanks for the responses! 

Edited May 1, 2018 by mypcool

[NikLR 13,227]

34 minutes ago, mypcool said:

To be honest even though it's a year plus away because we would be moving our 5 person family before I even started THINKING about moving I already have a job for myself, schools for children, living accommodations and potentially a job for her. As things get closer there will be more. 

 

Sounds good? Am I over confident? 

 

This makes me feel vindicated. After all that research to have my friend stomp on it was "traumatic". (I saw avengers last night and could not concentrate, but that is neither here nor there) 

 

If this is the case is there a scenario where a younger child would have a green card? I think he does not know what he was talking about but this is what he says and I told him it should not be possible. 

 

As always, thanks for the responses! 

Domicile is a big issue for Americans living in Canada.  Research the issue in the Canada forum.

 

The only way this would happen would be that the child isn't in physical custody of the USC parent. 

[kzielu 1,149]

10 hours ago, mypcool said:

In short, would the fact that my wife never lived in the US change anything about the process (besides having to prove domicile at the NVC level)?

 

Not really as others said, but when this process have typically a weak point in cases like this is petitioner being unaware they should have been filing US taxes on their worldwide income, regardless of where they lived. If your wife have been doing that - no problem. If not, she probably needs to look into this - not only from immigration point of view but it being a requirement of any US citizen. (also - filing doesn't mean paying).

[mypcool 5]

4 minutes ago, kzielu said:

Not really as others said, but when this process have typically a weak point in cases like this is petitioner being unaware they should have been filing US taxes on their worldwide income, regardless of where they lived. If your wife have been doing that - no problem. If not, she probably needs to look into this - not only from immigration point of view but it being a requirement of any US citizen. (also - filing doesn't mean paying).

That is a great point that I almost overlooked. 

 

I am already working with my accountant to get things up to date. 

 

As an aside I was talking to another friend who now told me that I need to file a G-325a.

 

Is that correct? I have not seen that in any guides... 

 

Again thanks! 

 

 

[NikLR 13,227]

G-325a is no longer used.  Just the I-130a by the beneficiary spouse. 

[mypcool 5]

21 minutes ago, mypcool said:

That is a great point that I almost overlooked. 

 

I am already working with my accountant to get things up to date. 

 

As an aside I was talking to another friend who now told me that I need to file a G-325a.

 

Is that correct? I have not seen that in any guides... 

 

Again thanks! 

 

 

Found my answer. (should have done this be I asked) for reference 

 

[SusieQQQ 11,586]

8 hours ago, milimelo said:

Embassy in Canada is really particular about domicile for the petitioner. Is your wife prepared to move to the US ahead of time and get a job and other domicile establishing things? 

 

 

2 hours ago, mypcool said:

To be honest even though it's a year plus away because we would be moving our 5 person family before I even started THINKING about moving I already have a job for myself, schools for children, living accommodations and potentially a job for her. As things get closer there will be more. 

 

Sounds good? Am I over confident? 

 

 

Perhaps I misinterpreted your response but it’s not clear (to me anyway) that you understood the question - it’s not about whether you are all prepared for the move in terms of figuring out jobs and schools etc, it’s about whether your wife is prepared to move before the rest of you, possibly for some significant length of time on her own, to get a job etc and do all that is needed to (1) establish domicile and (2) be earning enough to be able to sponsor the family.

[mypcool 5]

3 minutes ago, SusieQQQ said:

 

Perhaps I misinterpreted your response but it’s not clear (to me anyway) that you understood the question - it’s not about whether you are all prepared for the move in terms of figuring out jobs and schools etc, it’s about whether your wife is prepared to move before the rest of you, possibly for some significant length of time on her own, to get a job etc and do all that is needed to (1) establish domicile and (2) be earning enough to be able to sponsor the family.

Nope... She would not leave the family...

 

From my understanding that would be an extreme measure. I have been led to believe that as long  as I can prove that she will be moving and be domicile to the US that this would be enough.  for example, a resignation letter from her current work, a lease or rental agreement in the US, bank statements showing transferring of funds, enrollment and acceptance letters from schools in the US for our children, emails and texts of conversations showing our intent.

 

All of which I am building. 

 

Am I incorrect? 

 

Thanks