Complicated visa situation

[Lil bear 3,880]

11 minutes ago, Kris78 said:

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?

Probably not .. as there is no foundation for being granted a us birth certificate for the reason you stated. Only way is to get the immigrant visa, enter the US and then use the pathway already outlined for the child’s citizenship 

[Kris78 0]

1 minute ago, Lil bear said:

Probably not .. as there is no foundation for being granted a us birth certificate for the reason you stated. Only way is to get the immigrant visa, enter the US and then use the pathway already outlined for the child’s citizenship 

Thanks for the reply.

 

 

[Kris78 0]

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

 

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

 

[EM_Vandaveer 2,377]

9 minutes ago, Kris78 said:

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

 

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

 

That's up to the USC & spouse. You only applied for your spouse's visa.

Theoretically you could leave your children with trusted relatives. The US government won't stop you from doing so. Yes, they have to go through medical. Police certificate only applies over a certain age 14 or 16, I think. But it may be 18.

Edited July 20, 2019 by EM_Vandaveer

[aaron2020 11,651]

3 minutes ago, Kris78 said:

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

 

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

 

You've been allowed to continue this because you choose to go without legal advice from a lawyer or fully research what you were filing for.  It's not USCIS's responsibility to give you legal advice on how to file for your family.  US agencies are forbidden from giving legal advice.  The responsibility to properly file lies with you.  You get what you applied for.  You applied for your wife and you did not apply for your kids.

Your wife will not be deny a visa if she is eligible.  Your kids would go through the same process.  

[Unlockable 7,309]

11 minutes ago, Kris78 said:

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

 

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

 

If there is any abandonment it would be at the discretion of the parents. USCIS is not responsible for abandonment of children. 

 

Point being that if planned correctly, the children would not be in a situation that they are abandoned. But the planning has to come from the parents. Many people leave children behind and apply for them later. They do so for their own personal reason. It is an option people have with immigration. It is not forced.

[EM_Vandaveer 2,377]

1 hour ago, Kris78 said:

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?

No point in applying for CRBA. The point of a CRBA is to demonstrate US citizenship at birth. Your bio child wasn't a USC at birth.

[geowrian 22,336]

2 hours ago, Kris78 said:

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

Yes, it is 100% possible to immigrate with only the spouse. Many people have done exactly that - leaving the children behind with family members (or very trusted friends), usually to complete schooling or similar abroad, or otherwise personal circumstances that make more sense to leave them behind.

The CO would probably ask about the children IMO, but that's not the time you want to find out that they can't come with her, and it's not a reason for refusing the visa.

 

Yes, they have to go through the same I-130 process (no I-130A, though), NVC, medical, interview, etc. The only other difference is you would use an I-864W for them instead of an I-864 - since they will become USCs upon entry on the visa and residing with you. You can apply for their US passports (N-600 is optional) after entry as well.

 

2 hours ago, Kris78 said:

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.

Because it's not their job to tell you. You give them a petition for a spouse, they will adjudicate the petition. They aren't going to tell you what you should be doing.

[Kris78 0]

30 minutes ago, geowrian said:

Yes, it is 100% possible to immigrate with only the spouse. Many people have done exactly that - leaving the children behind with family members (or very trusted friends), usually to complete schooling or similar abroad, or otherwise personal circumstances that make more sense to leave them behind.

The CO would probably ask about the children IMO, but that's not the time you want to find out that they can't come with her, and it's not a reason for refusing the visa.

 

Yes, they have to go through the same I-130 process (no I-130A, though), NVC, medical, interview, etc. The only other difference is you would use an I-864W for them instead of an I-864 - since they will become USCs upon entry on the visa and residing with you. You can apply for their US passports (N-600 is optional) after entry as well.

 

Because it's not their job to tell you. You give them a petition for a spouse, they will adjudicate the petition. They aren't going to tell you what you should be doing.

I gather from the instructions that I-864W and N-600 would only apply to my biological daughter.

Since I haven't adopted my step daughter at least N-600 doesn't apply, I assume N-400 would be the case. But then I'm back to a regular I-864 for my stepdaughter?

 

Or actually a better question:

Any suggestions on where to find some professional support to straighten this out for me? Or in which sub-forum should I switch to? I think i should try to sort this out step by step before proceeding with anything.

[NikLR 13,220]

6 minutes ago, Kris78 said:

I gather from the instructions that I-864W and N-600 would only apply to my biological daughter.

Since I haven't adopted my step daughter at least N-600 doesn't apply, I assume N-400 would be the case. But then I'm back to a regular I-864 for my stepdaughter?

 

Or actually a better question:

Any suggestions on where to find some professional support to straighten this out for me? Or in which sub-forum should I switch to? I think i should try to sort this out step by step before proceeding with anything.

I-864W for your biological daughter and I-864 for your wife and non-biological daughter.  You don't need the N-600 period.  

[geowrian 22,336]

20 minutes ago, Kris78 said:

I gather from the instructions that I-864W and N-600 would only apply to my biological daughter.

Since I haven't adopted my step daughter at least N-600 doesn't apply, I assume N-400 would be the case. But then I'm back to a regular I-864 for my stepdaughter?

 

Or actually a better question:

Any suggestions on where to find some professional support to straighten this out for me? Or in which sub-forum should I switch to? I think i should try to sort this out step by step before proceeding with anything.

Yes, I864W for biological daughter. I missed the point that the other was a stepchild, sorry. And as stated, N-600 is optional after arrival....a US passport would be perfectly acceptable instead (and is much cheaper and faster to get...and more useful).

[EM_Vandaveer 2,377]

34 minutes ago, geowrian said:

Yes, I864W for biological daughter. I missed the point that the other was a stepchild, sorry. And as stated, N-600 is optional after arrival....a US passport would be perfectly acceptable instead (and is much cheaper and faster to get...and more useful).

Speaking of stepchild PLEASE check if you need to get the father's approval for her to immigrate. You very well may need it.

Edited July 20, 2019 by EM_Vandaveer

[EM_Vandaveer 2,377]

You don't really need a lawyer. You need to figure out if you need your stepdaughter's father's permission. 

And you need to file the two I-130s. For now.

[pushbrk 12,296]

23 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.

 

Your natural child will receive citizenship as I described.   The step daughter will not.

 

You're going to need to file two more I-130 forms.  Don't "assume" anything.  Learn.

[pushbrk 12,296]

7 hours ago, Kris78 said:

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

 

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

 

This bothers you because you "assumed" instead of reading and following the I-130 instructions.  File the other two petitions.