AOS - no income as we live overseas, but have assets, country of domicile is USA

[kalikala 32]

I also just saw this on the VisaJourney website:

 

https://www.visajourney.com/content/childpet/

 

Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States 

 

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

 Form I-130, Petition for Alien Relative 
 A copy of your birth certificate or U.S. passport 
 If you were not born in the U.S., a copy of either: 
      your Certificate of Naturalization or Citizenship or 
      your U.S. passport 
 A copy of the child's birth certificate showing the child's name and the names of both parents 
 A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18^th birthday) 
 A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse 
 Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary. 
 If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted. 

 

 

I guess it should be updated to say that CRBA should be followed if you are the USC father.....?

[pushbrk 12,146]

58 minutes ago, kalikala said:

 

 

I've just looked into CRBA.

Regarding the 5 year physical presence requirement, it says this on the Consular website:

 

"If parents were married at the time of the child’s birth, but only one is a U.S. Citizen, the U.S. Citizen parent must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14."

 

Yes we were married before our son was born.

My husband lived in the States up until 1.5 years ago when he moved here in NZ, so I am assuming he qualifies for this?

 

My next question would then be, if we go ahead with CRBA and issue a passport, what happens to his Visa application?

I am up to the NVC stage where I have paid the AOS and IV fees, I have submitted the DS-260 as the principal applicant - I did not see my sons name in the CEAC system.

 

Under APPLICANT INFORMATION in CEAC it has:

 

Principal: my name

Status: principal applicant

IV Fee: paid

IV Application: complete

Civil Documents: start now - haven't submitted this yet

 

 

There is no visa application and there never will be.  The I-130 is a petition, not a visa application.  You simply will not use the approved petition to apply for a visa.  It would be a further waste of money and effort.  If you paid the IV fee for the child, you'll forfeit it.  There will be no visa, so with IV meaning Immigrant Visa (application fee), write it off as a lesson learned regarding doing adequate research in advance, and serve as an example of how important it is to fully research a process in advance.

[pushbrk 12,146]

36 minutes ago, kalikala said:

I also just saw this on the VisaJourney website:

 

https://www.visajourney.com/content/childpet/

 

Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States 

 

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

 Form I-130, Petition for Alien Relative 
 

 

 

I guess it should be updated to say that CRBA should be followed if you are the USC father.....?

Not sure what your last sentence means.  No I-130 for a natural child of a US Citizen who can pass citizenship directly to the child.  CRBA does not follow the I-130.  It is INSTEAD OF, the I-130.

[geowrian 22,336]

1 hour ago, kalikala said:

I've just looked into CRBA.

Regarding the 5 year physical presence requirement, it says this on the Consular website:

 

"If parents were married at the time of the child’s birth, but only one is a U.S. Citizen, the U.S. Citizen parent must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14."

 

Yes we were married before our son was born.

My husband lived in the States up until 1.5 years ago when he moved here in NZ, so I am assuming he qualifies for this?

 

My next question would then be, if we go ahead with CRBA and issue a passport, what happens to his Visa application?

I am up to the NVC stage where I have paid the AOS and IV fees, I have submitted the DS-260 as the principal applicant - I did not see my sons name in the CEAC system.

Sounds like he is a USC at birth and needs a CRBA.

No need to proceed with the visa process...just get the CRBA (and US passport) and the existing process can just be abandoned.

 

36 minutes ago, kalikala said:

I also just saw this on the VisaJourney website:

 

https://www.visajourney.com/content/childpet/

 

Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States 

 

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

 Form I-130, Petition for Alien Relative 
 A copy of your birth certificate or U.S. passport 
 If you were not born in the U.S., a copy of either: 
      your Certificate of Naturalization or Citizenship or 
      your U.S. passport 
 A copy of the child's birth certificate showing the child's name and the names of both parents 
 A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18^th birthday) 
 A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse 
 Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary. 
 If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted. 

 

I guess it should be updated to say that CRBA should be followed if you are the USC father.....?

Well, if one qualifies for a CRBA, then the entire premise of needing to petition for the child doesn't apply. So those would be the wrong instructions to follow in the first place.

Although a note about confirming that the child is not already a USC before following the instructions wouldn't be a bad addition.

[aaron2020 11,651]

4 hours ago, kalikala said:

Thank you for responding.

 

1. Okay I will look into CRBA.

 

2. He has not been earning worldwide income thus he has not filed taxes since he last worked.

 

3. He owns properties in the US that is being rented by tenants. We intend to stay with his cousin while we look for a place.

1.  Your husband left the US abou 1.5 years ago, so he meets the physical presence requirement to pass on US citizenship to his child.  The child will need a CRBA and a US passport to return home.  The child will NEVER qualify for an immigration visa since the child has a claim on US citizenship.  The I-130, etc. will end in a denial.

 

2.  Your husband has not worked in the last 1.5 years?  He has earned no income outside the US?  He co-owns a business, so he's not filing US taxes on that?

 

3.  He has not maintained his US domicile.  Staying with a a cousin while he looks for a place means he has not maintain a US domicile - resident in the US while he has been outside the US.

[aaron2020 11,651]

3 hours ago, kalikala said:

I also just saw this on the VisaJourney website:

 

https://www.visajourney.com/content/childpet/

 

Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States 

 

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

 Form I-130, Petition for Alien Relative 
 A copy of your birth certificate or U.S. passport 
 If you were not born in the U.S., a copy of either: 
      your Certificate of Naturalization or Citizenship or 
      your U.S. passport 
 A copy of the child's birth certificate showing the child's name and the names of both parents 
 A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18^th birthday) 
 A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse 
 Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary. 
 If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted. 

 

 

I guess it should be updated to say that CRBA should be followed if you are the USC father.....?

It doesn't need to be updated.

 

You didn't do your research on CRBA.

[NikLR 13,220]

I think the OP needs to have intent to re-establish domicile.  I don't recall NZ being particularly strict about domicile and sounds like the OP has some evidence gathered already.

 

[kalikala 32]

3 hours ago, aaron2020 said:

1.  Your husband left the US abou 1.5 years ago, so he meets the physical presence requirement to pass on US citizenship to his child.  The child will need a CRBA and a US passport to return home.  The child will NEVER qualify for an immigration visa since the child has a claim on US citizenship.  The I-130, etc. will end in a denial.

 

2.  Your husband has not worked in the last 1.5 years?  He has earned no income outside the US?  He co-owns a business, so he's not filing US taxes on that?

 

3.  He has not maintained his US domicile.  Staying with a a cousin while he looks for a place means he has not maintain a US domicile - resident in the US while he has been outside the US.

1. Ok yes I understand this now. 

2. Taxes are filed by the company.

3. I’ve said in previous responses that I was meant to say he will re-establish domicile. Saying country of domicile is US was incorrect on my part. 

Edited December 29, 2018 by kalikala

[kalikala 32]

6 hours ago, geowrian said:

Sounds like he is a USC at birth and needs a CRBA.

No need to proceed with the visa process...just get the CRBA (and US passport) and the existing process can just be abandoned.

 

Well, if one qualifies for a CRBA, then the entire premise of needing to petition for the child doesn't apply. So those would be the wrong instructions to follow in the first place.

Although a note about confirming that the child is not already a USC before following the instructions wouldn't be a bad addition.

Thank you.

[aaron2020 11,651]

4 minutes ago, kalikala said:

1. Ok yes I understand this now. 

2. Taxes are filed by the company.

3. I’ve said in previous responses that I was meant to say he will re-establish domicile. Saying country of domicile is US was incorrect on my part. 

He still needs to file his individual US tax return declaring the income that he received from the company.  His US tax returns will be required in order for him to meet the I-864 requirements.  

[kalikala 32]

30 minutes ago, aaron2020 said:

He still needs to file his individual US tax return declaring the income that he received from the company.  His US tax returns will be required in order for him to meet the I-864 requirements.  

I am aware of that however he has not received any income from the company while he has been in nz. 

[pushbrk 12,146]

6 hours ago, kalikala said:

I am aware of that however he has not received any income from the company while he has been in nz. 

Any income he received from anywhere will appear on his tax return, unless his total income from all sources is under the amount requiring him to file a return.

 

The affidavit of support also asks about "current income".  An offer or assurance of future income is NOT current income.