I-130 visa

[Sana millwala 0]

I am a US born citizen. Have been living in pakistan since last 30 years. Have not travelled back to USA since then. I want to apply for my children's immigration.  I want to return back to USA.

[Crazy Cat 39,929]

Step 1:  Move to the US.  No way to avoid it.  If your children can derive citizenship from you, they would not require I-130s.

Edited January 22, 2021 by Lucky Cat

[Boiler 43,873]

How old are the children?

[aaron2020 11,651]

How old are the children?

 

How old were you when you moved back to Pakistan?

Have you been filing US tax returns?  US citizens are required to file US tax returns on their worldwide income even if nothing is earned in the US. 

[discoverusa 235]

First you have to research if your children may derive US Citizenship from you. See below. 

https://www.uscis.gov/forms/explore-my-options/citizenship-through-parents

[Sana millwala 0]

41 minutes ago, aaron2020 said:

How old are the children?

 

How old were you when you moved back to Pakistan?

Have you been filing US tax returns?  US citizens are required to file US tax returns on their worldwide income even if nothing is earned in the US.

15 and 13 years. I haven't filed US tax returns. I was 7 years when I moved to Pakistan.

Edited January 22, 2021 by Sana millwala

[Sana millwala 0]

1 hour ago, Lucky Cat said:

Step 1:  Move to the US.  No way to avoid it.  If your children can derive citizenship from you, they would not require I-130s.

I haven't visited USA since last 30 yrs. If I move now and stay for few months. Which visa will I apply for my kids

[aaron2020 11,651]

3 minutes ago, Sana millwala said:

15 and 13 years. I haven't filed US tax returns. I was 7 years when I moved to Pakistan.

Okay.  You have to overcome a few things.

 

1.  You need to file separate I-130 petitions for your children to start the immigration process.  

2.  You need to show that you have a US domicile when your children file their DS-260 immigrant visa applications with the NVC.  This does not mean coming to the US to visit for a few months.  This means moving to the US to live.  You will need proof of living in the US.  You will need a lease.  Banking information.  Driver's license.  Real proof beyond just having a US address.

3.  You will need to file US tax returns for the last 3 years if your income was beyond the minimum threshold.
4.  You do not need to worry about the I-864 and a Joint Sponsor since your children under age 18 when they immigrate would automatically become US citizens when entering the US on immigrant visas.  

 

[aaron2020 11,651]

5 minutes ago, Sana millwala said:

I haven't visited USA since last 30 yrs. If I move now and stay for few months. Which visa will I apply for my kids

The immigration process does not start with you applying for visas for your kids.

You start the immigration process for them by filing separate I-130 for them with USCIS.  After USCIS approves the I-130 petitions in 6-12 months, they are forwarded to the NVC.  At the NVC, your kids will file DS-260 immigrant visa applications.  You will be exempt from the I-864 since your kids will automatically become US citizens upon entering the US with immigrant visas.  You will need to show a US domicile.  After you supply the required documents, your children will be scheduled for visa interviews at a US Embassy or US Consulate.  After their visa interviews, they will get IR-2 immigrant visas for unmarried children under age 21 petitioned by a US citizen parent.  VisaJourney has Guides on how to go through the process.  Upon entering the US with their immigrant visas, your children under age 18 automatically become US citizens and can apply for US passports.

[SusieQQQ 11,585]

Can’t domicile also mean showing intent to re-establish - not necessarily having to move back in advance? I’ve only heard of Montreal being particularly finicky about this, of course it has to be more than just “I’m going to move back”. Not having to do i864 makes the whole thing easier too as there is no need to prove US based income before moving back.

[aaron2020 11,651]

2 hours ago, SusieQQQ said:

Can’t domicile also mean showing intent to re-establish - not necessarily having to move back in advance? I’ve only heard of Montreal being particularly finicky about this, of course it has to be more than just “I’m going to move back”. Not having to do i864 makes the whole thing easier too as there is no need to prove US based income before moving back.

OP has been outside the US for 30 years.  She left the US when she was 7 years old.  Her entire life since age 7 for the last 30 years has been in Pakistan.  Probably never filed a US tax return.  She has no ties to the US.  She can try to show intent to reestablish a US domicile, but my guess is that the US Embassy will want to see more based on her circumstances.  They will want to see if the children are truly immigrating to the US to live with a USC parent, or if getting the green card is just so the kids can get US citizenship and go back to Pakistan to live with their USC mom who life is in Pakistan.  

[SusieQQQ 11,585]

Just now, aaron2020 said:

OP has been outside the US for 30 years.  She left the US when she was 7 years old.  Her entire life since age 7 for the last 30 years has been in Pakistan.  Probably never filed a US tax return.  She has no ties to the US.  She can try to show intent to reestablish a US domicile, but my guess is that the US Embassy will want to see more based on her circumstances.  They will want to see if the children are truly immigrating to the US to live with a USC parent, or if getting the green card is just so the kids can get US citizenship and go back to Pakistan to live with their USC mom who life is in Pakistan.  

Well in that case I don’t know why everyone was coming down on OP for saying she wanted to stay in the US a few months first. A few months is plenty of time to get a lease, a bank account, utility bills, a driver license, a job, etc. .....as any immigrant can tell you....

 

One thing that hasn’t been mentioned yet is that if the father is still around his permission might be needed for the kids to get visas. Not sure what the specifics for Pakistan are.

[aaron2020 11,651]

55 minutes ago, SusieQQQ said:

Well in that case I don’t know why everyone was coming down on OP for saying she wanted to stay in the US a few months first. A few months is plenty of time to get a lease, a bank account, utility bills, a driver license, a job, etc. .....as any immigrant can tell you....

 

One thing that hasn’t been mentioned yet is that if the father is still around his permission might be needed for the kids to get visas. Not sure what the specifics for Pakistan are.

No one is coming down on OP.

She mentioned not having visited the US for 30 years and coming for a few months.  That's not living in the US.  That seems to imply she would visit for a few months.  That is why I mentioned that she needed more than just an address to prove domicile.  If she is visiting the US, then her children do not qualify for US citizenship under the CCA.  The CCA requires the immigrating children to come to the US to live with their USC parent.  Not all of them just visiting the US.  

[SusieQQQ 11,585]

12 minutes ago, aaron2020 said:

No one is coming down on OP.

She mentioned not having visited the US for 30 years and coming for a few months.  That's not living in the US.  That seems to imply she would visit for a few months.  That is why I mentioned that she needed more than just an address to prove domicile.  If she is visiting the US, then her children do not qualify for US citizenship under the CCA.  The CCA requires the immigrating children to come to the US to live with their USC parent.  Not all of them just visiting the US.  

Her first post said she wants to move back to the US and for the children to immigrate. Nothing at all she said implied they just wanted passports for the kids on a visit.

[Sana millwala 0]

2 hours ago, aaron2020 said:

No one is coming down on OP.

She mentioned not having visited the US for 30 years and coming for a few months.  That's not living in the US.  That seems to imply she would visit for a few months.  That is why I mentioned that she needed more than just an address to prove domicile.  If she is visiting the US, then her children do not qualify for US citizenship under the CCA.  The CCA requires the immigrating children to come to the US to live with their USC parent.  Not all of them just visiting the US.  

I have applied for custody and guardianship of my children. It is in process. And in the meantime I want to start the visa process. And yes they will be living with me in USA. Not just visiting. My concern is that is there anyway I can start the process without visiting?

Edited January 23, 2021 by Sana millwala