US citizen daughter want to move to US with small child

[Bikerbride 20]

We have a daughter living in sweden with her 2 year old son. She is US citizen trough her father that was born US citizen. 

Now the daughter wants to move to us in US and bring her 2 year old baby with her. I have read up un the different possibilities

to her getting her son in to US and live with her.

 

The thing is that she has never herself lived in US. Her father (baby's grandfather) has lived her for his first 23-24 years and 

now we have been here for 1,5 years. 

 

I am not sure of what application needs to be filled in both for her to enter US with her baby, she has a US passport for her self. 

But she needs to have some kind of visa for the baby. Can anyone recommend what applications need to be done and maybe in what order?

There are a little confusing that n-600k if that is a citizenship that doesn't qualify for moving and living in US for a little baby.

What is the best way for her to get here as quickly as possible. She needs her family (us).

 

Thank you

[SusieQQQ 11,584]

No, n600k is not suitable if she wants to move to the US. In my understanding, the most appropriate is for her to file an immigrant visa petition via form I130 for the child. Because the child will become a citizen on arrival in the US under INA320 (assuming mom has legal custody and that child will be living with her in the US) she won’t need to file an affidavit of support (i864]. 
However, it’s not going to be “quick”, it’ll probably be about a year. That’s about the quickest you’ll get where US immigration is concerned, unfortunately. 

Edited April 18, 2020 by SusieQQQ

[Bikerbride 20]

5 hours ago, SusieQQQ said:

No, n600k is not suitable if she wants to move to the US. In my understanding, the most appropriate is for her to file an immigrant visa petition via form I130 for the child. Because the child will become a citizen on arrival in the US under INA320 (assuming mom has legal custody and that child will be living with her in the US) she won’t need to file an affidavit of support (i864]. 
However, it’s not going to be “quick”, it’ll probably be about a year. That’s about the quickest you’ll get where US immigration is concerned, unfortunately. 

As I understand she can apply for K4 and then move to US and do the I-130 from here. Or is the K-4 only for K-3’s children and doesn’t work for US citizens?

[payxibka 10,044]

2 minutes ago, Bikerbride said:

As I understand she can apply for K4 and then move to US and do the I-130 from here. Or is the K-4 only for K-3’s children and doesn’t work for US citizens?

K3 spouse of USC, k4 child of k3 is pretty much an obsolete path.  Without a k3, there is no possibility of a k4

[Bikerbride 20]

2 minutes ago, payxibka said:

K3 spouse of USC, k4 child of k3 is pretty much an obsolete path.  Without a k3, there is no possibility of a k4

The I-130 didn’t take that long time. It was the CR1 that took forever. Does she need the R1 (I guess it would be) or can the child enter with only I-130 approved?

[payxibka 10,044]

4 minutes ago, Bikerbride said:

The I-130 didn’t take that long time. It was the CR1 that took forever. Does she need the R1 (I guess it would be) or can the child enter with only I-130 approved?

Child needs a visa to enter not simply an approved petition 

[SusieQQQ 11,584]

1 hour ago, Bikerbride said:

The I-130 didn’t take that long time. It was the CR1 that took forever. Does she need the R1 (I guess it would be) or can the child enter with only I-130 approved?

I130 for immediate relative has been taking an average of 10.2 months so far this fiscal year for USCIS to process https://egov.uscis.gov/processing-times/historic-pt

and can be expected to slow down a little given current circumstances. Plus time to schedule a visa appointment, varies by consulate,.i can’t imagine sweden has huge delays so maybe a couple of months for that? So a year is a pretty fair estimate imo.

[Petulc 28]

Hello! How about CRBA? Since she is a U.S citizen, it should apply. Please see below:

 

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

 

If not, it can be done through the Child Citizenship Act of 2000, it will take some time, though. Please see below:

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

Hope this helps! 😊

[Just Paul 4,591]

1 minute ago, Petulc said:

Hello! How about CRBA? Since she is a U.S citizen, it should apply. Please see below:

 

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

 

If not, it can be done through the Child Citizenship Act of 2000, it will take some time, though. Please see below:

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

 

Hope this helps! 😊

Not eligible - Mother has never lived in the US.

13 hours ago, Bikerbride said:

The thing is that she has never herself lived in US.

 

[Petulc 28]

3 minutes ago, Paul & Mary said:

Not eligible - Mother has never lived in the US.

 

I'm assuming you are referring to the CRBA?

That one is the one I'm not sure.

 

However, under the Child Citizenship Act of 2000, she can:

• Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.

[HRQX 4,145]

2 hours ago, Petulc said:

However, under the Child Citizenship Act of 2000, she can:

• Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.

The CCA has two routes: INA 320 and INA 322. The part you quoted above is referring to the INA 322 route. With that route the child would enter the US as a VWP visitor to attend the N-600K interview. When the child enters with VWP the intent must be to leave the US within the allotted 90 days because the child is still subject to INA 214(b); i.e. the child must intend to return to a residence abroad after naturalization.

 

The INA 320 route was explained above by @SusieQQQ:

14 hours ago, SusieQQQ said:

is for her to file an immigrant visa petition via form I130 for the child. Because the child will become a citizen on arrival in the US under INA320 (assuming mom has legal custody and that child will be living with her in the US) she won’t need to file an affidavit of support (i864]. 
However, it’s not going to be “quick”, it’ll probably be about a year. That’s about the quickest you’ll get where US immigration is concerned, unfortunately. 

 

Edited April 19, 2020 by HRQX

[HRQX 4,145]

14 hours ago, SusieQQQ said:

she won’t need to file an affidavit of support (i864].

Previously, Form I-864W (Request for Exemption for Intending Immigrant's Affidavit of Support) was submitted at the NVC stage. What is now submitted to NVC since I-864W became obsolete? The old url now redirects to the I-485 page. Archived url: http://web.archive.org/web/20191030025633/https://www.uscis.gov/i-864w

[SusieQQQ 11,584]

3 hours ago, HRQX said:

Previously, Form I-864W (Request for Exemption for Intending Immigrant's Affidavit of Support) was submitted at the NVC stage. What is now submitted to NVC since I-864W became obsolete? The old url now redirects to the I-485 page. Archived url: http://web.archive.org/web/20191030025633/https://www.uscis.gov/i-864w

I don’t know, but the I864 instructions specifically exempt these cases. 
https://www.uscis.gov/sites/default/files/files/form/i-864instr-pc.pdf

bottom of p1/ top of p2 .. under “Are There Exceptions to Who Needs to Submit Form I-864?” , #2 is “Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA)”.

[Bikerbride 20]

A Fiance visa can U get fairly quick and then do the I-130 from within USA. Is there any visa for the child to do the same?

[milimelo 4,211]

2 minutes ago, Bikerbride said:

A Fiance visa can U get fairly quick and then do the I-130 from within USA. Is there any visa for the child to do the same?

No.