Bringing my child to US without I-130

[Cmkett 0]

Hi everyone I wonder if you can help? I am a US citizen who has made an I-130 petition for my husband to receive permanent resident status. Can we bring our 3 year old daughter to the US without filing a separate I-130 for her? Can we apply for her I-130 when we are all in the US? The reason being we are not going to move to the US unless my husband has a job to go to so we don’t want to spend the $500 on her i-130 petition unnecessarily 

[aaron2020 11,651]

Your daughter may already be a US citizen.  Did you live in the US for at least 5 years and with 2 of those years after age 14?

If your daughter is not a US citizen, then you can not get around filing an I-130 for her.  You can not file it "when you are all in the US" because she is currently outside the US.

 

[Pinkrlion 2,610]

Unless ur daughter has a US Passport, you will not be able to get around not filing I-130. Any attempt to have her enter as u r suggesting is immigration fraud. 

[Nitas_man 3,100]

35 minutes ago, Cmkett said:

Hi everyone I wonder if you can help? I am a US citizen who has made an I-130 petition for my husband to receive permanent resident status. Can we bring our 3 year old daughter to the US without filing a separate I-130 for her? Can we apply for her I-130 when we are all in the US? The reason being we are not going to move to the US unless my husband has a job to go to so we don’t want to spend the $500 on her i-130 petition unnecessarily 

Is your daughter a USC?  No need to petition.

[apple21 953]

34 minutes ago, Cmkett said:

Hi everyone I wonder if you can help? I am a US citizen who has made an I-130 petition for my husband to receive permanent resident status. Can we bring our 3 year old daughter to the US without filing a separate I-130 for her? Can we apply for her I-130 when we are all in the US? The reason being we are not going to move to the US unless my husband has a job to go to so we don’t want to spend the $500 on her i-130 petition unnecessarily 

Being the petitioner, you are also living outside the USA? 

 

Look into Consular Report of Birth Abroad (CRBA) in the US Embassy website of the country you're in. Your child may be a US citizen already if you meet the CRBA requirements. If not, then an i130 will be needed. 

[Cmkett 0]

My child is not eligible for us citizenship

[SusieQQQ 11,584]

14 minutes ago, Cmkett said:

My child is not eligible for us citizenship

So on what basis would you be attempting to bring her in? A tourist visa or VWP? In either case, this is what is likely to happen: you all arrive, you with your US passport and your husband with either tourist status and an already-filed I130 or on his immigrant visa, your daughter supposedly just on tourist status. CBP takes one look at this lot and knows exactly what is going on. Your husband may also be denied entry (if not using his immigrant visa) on suspicion he will also be using  his tourist status to actually stay and adjust. If your daughter will need a visa and doesn't have one yet, the CO will almost certainly come to the same conclusion as above and refuse to issue a B visa, will probably even tell you to file the I130.

 

Separately, it's very unusual for people to get jobs before they arrive in the US, but the job market is hot right now and very few people who want to work and are looking in the right area, can't find one. Suggest you file the I130 for your daughter ASAP and get started. You don't want to end up with a big gap between your husband's approval and your daughter's.

 

Separate point 2: you presumably have a joint sponsor as you indicate you will be relying on your husband's income and you are currently outside the US?

 

 

Edited July 22, 2019 by SusieQQQ

[Boiler 43,596]

1 hour ago, Cmkett said:

Hi everyone I wonder if you can help? I am a US citizen who has made an I-130 petition for my husband to receive permanent resident status. Can we bring our 3 year old daughter to the US without filing a separate I-130 for her? Can we apply for her I-130 when we are all in the US? The reason being we are not going to move to the US unless my husband has a job to go to so we don’t want to spend the $500 on her i-130 petition unnecessarily 

No

[geowrian 22,336]

The child needs to be petitioned to get the visa to immigrate. No way around that since they aren't a USC.