Complicated visa situation

[Lil bear 3,880]

One of the things that is confusing your household number is that you were incorrectly told that your children would be part of your wife’s I130 application. They are not. You need 3 separate I 130 forms .. spouse , child 1 and child 2.  After the 130s are approved, each  beneficiary will then apply for their own immigrant visa .. spouse IR1, child #1IR2 and child #2. IR2. 

Some visa types .. such as the K1 fiancé visa... allow for dependent children (derivatives) but the spouse visa does not. 

When you complete the I864, understanding that each visa application is separate, you get the correct household number for each application, as outlined by Pushbrk 

[Nitas_man 3,100]

26 minutes ago, Kris78 said:

But besides other issues, I'm still ending up with 5 family members on the I-864 when I correct the mistake I noticed.

Or do I not enter my wife at the top in part 2 either? Part 3 is where I had mistakenly added my kids.

 

Going over that file a dozen times probably made me blind for some things, I had focused mostly on the taxes and the assets part before sending assuming the rest was correct.

 

 

Fill out one sponsoring your wife.  Line 1 is 1, line 2(you) is 1, line 3 (wife) is blank (she’s already on line 1), line 4 (children) is    2.  This is the affidavit for your wife.

 

For each child:  line 1 is one, line 2 (you) is one, line 3 (wife) is one, line 4 (children) is one (the other child is on line 1).  Make two of these affidavits.  One for each child.

 

The immigrants sponsored on line 1 in that section are NOT listed again in lines 2, 3, 4 in household size.

 

 

[Kris78 0]

6 minutes ago, Lil bear said:

One of the things that is confusing your household number is that you were incorrectly told that your children would be part of your wife’s I130 application. They are not. You need 3 separate I 130 forms .. spouse , child 1 and child 2.  After the 130s are approved, each  beneficiary will then apply for their own immigrant visa .. spouse IR1, child #1IR2 and child #2. IR2. 

Some visa types .. such as the K1 fiancé visa... allow for dependent children (derivatives) but the spouse visa does not. 

When you complete the I864, understanding that each visa application is separate, you get the correct household number for each application, as outlined by Pushbrk 

OK, thanks USCIS Frankfurt..

I had asked that question explicitly

 

[Lil bear 3,880]

5 minutes ago, Kris78 said:

OK, thanks USCIS Frankfurt..

I had asked that question explicitly

 

Are you doing DCF ? 

[Kris78 0]

3 minutes ago, Lil bear said:

Are you doing DCF ? 

Yes

Edited July 20, 2019 by Kris78

[Lil bear 3,880]

6 minutes ago, Kris78 said:

Yes

K. I would have thought that the derivative rules remained the same .. but I don’t have first hand experience in DCF so my information isn’t necessarily applicable .. 😬

[geowrian 22,336]

1 hour ago, Kris78 said:

1 I-130 + I-130a was filed on Oct. 23rd 2018 and approved Dec. 3rd 2018.

The I-130 listed my wife and our two children, iirc the I-130a was mostly about my wife's background parents etc.

You need an I-130 for EACH intending immigrant. Petitions for immediate relatives of US citizens do not support derivatives. Some categories do, but not yours. Get the others filed ASAP.

 

1 hour ago, Kris78 said:

But besides other issues, I'm still ending up with 5 family members on the I-864 when I correct the mistake I noticed.

Or do I not enter my wife at the top in part 2 either? Part 3 is where I had mistakenly added my kids.

 

Going over that file a dozen times probably made me blind for some things, I had focused mostly on the taxes and the assets part before sending assuming the rest was correct.

 

 

You’re counting the same person twice in #1 and either #3 or #4 (I’m assuming #3 as this would only be for your spouse because you only filed 1 I-130, and because your children would need I-864Ws instead).

40 minutes ago, Lil bear said:

K. I would have thought that the derivative rules remained the same .. but I don’t have first hand experience in DCF so my information isn’t necessarily applicable .. 😬

The rules are universal - nothing special for DCF here.

[Lil bear 3,880]

17 minutes ago, geowrian said:

You need an I-130 for EACH intending immigrant. Petitions for immediate relatives of US citizens do not support derivatives. Some categories do, but not yours. Get the others filed ASAP.

 

You’re counting the same person twice in #1 and either #3 or #4 (I’m assuming #3 as this would only be for your spouse because you only filed 1 I-130, and because your children would need I-864Ws instead).

The rules are universal - nothing special for DCF here.

Thx. That’s what I thought .. it’s very confusing when a USCIS Office says one thing .. and filing instructions  etc say  another 

[EM_Vandaveer 2,377]

10 hours ago, Kris78 said:

My current interest in the subject allows for some overtime.

 

1 I-130 + I-130a was filed on Oct. 23rd 2018 and approved Dec. 3rd 2018.

The I-130 listed my wife and our two children, iirc the I-130a was mostly about my wife's background parents etc.

 

Our eldest daughter is not my biological daughter and has the nationality of my wife. My wife has full custody, the father is not interested in the child.

Our younger daughter resulted from our marriage and is a German national.

 

I didn't assume that they would be able to receive citizenship so easily, especially since I am apparently not eligible to pass on my US citizenship to my children upon birth. I had assumed that this would maybe be possible at a later time but on request.

 

Even if the father “isn’t interested” you may need him to agree to your step-child’s immigration. I know your wife has full custody, but he’s still the legal father. Check your local laws.

Edited July 20, 2019 by EM_Vandaveer

[milimelo 4,291]

10 hours ago, Kris78 said:

Interesting

 

here the response from USCIS to that question:

 

Please see checklist attached.

Your wife will have to complete form I-130A. It’s not needed for your daughter.

USCIS FRANKFURT
TH

And USCIS was correct - children don’t need I130a. But they do need I-130 for each child. 

[JeanneAdil 6,308]

14 hours ago, NikLR said:

Your daughters both need I-130s.  There are no derivatives for spouses of USC. 

Why?

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

just wondering if this is because she has not resided in US for a long time

this site does not address issues 

only says if she doesnt register immediately after birth it can be an issue

[milimelo 4,291]

2 minutes ago, JeanneAdil said:

Why?

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

just wondering if this is because she has not resided in US for a long time

this site does not address issues 

only says if she doesnt register immediately after birth it can be an issue

Because not in the US past age 10. And as far as I can tell op is male. 

[NikLR 13,220]

3 minutes ago, JeanneAdil said:

Why?

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

just wondering if this is because she has not resided in US for a long time

this site does not address issues 

only says if she doesnt register immediately after birth it can be an issue

The younger daughter does not qualify for a CRBA because the OP did not spend at least 2 years after age 14 in the USA. 

[Kris78 0]

42 minutes ago, JeanneAdil said:

Why?

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

just wondering if this is because she has not resided in US for a long time

this site does not address issues 

only says if she doesnt register immediately after birth it can be an issue

If this is regarding my case. Neither Frankfurt, Munich or Berlin has responded to my questions on that topic. But I'm wondering why it cropped up here?

Is there any reason to register the birth if my child isn't eligible to receive citizenship through me anyway?

Edited July 20, 2019 by Kris78

[Kris78 0]

38 minutes ago, NikLR said:

The younger daughter does not qualify for a CRBA because the OP did not spend at least 2 years after age 14 in the USA. 

correct

I left the United States at the age of 10. I wasn't aware of this restriction, I would have likely tried to return home earlier if I had known what I am learning now.