i 130 APPROVED But CEAC does not show daughter in there

[VIS4WIFE_DAUGHTER 0]

This keep getting more complicated , now what should i do ??? 

 

I am filing a i 130 now and now you said i dont need and i can not file it but instead go a head and try to get a passport for her in her home country now what if i can not go there

 

what if i went there and applied for a passport how long this will take ?

[Chancy 6,233]

9 minutes ago, Bzegurl said:

Since daughter is under the age of 18 she is also a citizen based on his status.

 

No, OP was not a US citizen at the time of his daughter's birth, so his daughter does not have a claim to US citizenship at birth.  OP must file an I-130 petition if he wants his child to immigrate with his wife.  His daughter will gain US citizenship the moment she enters the US, but not before.

 

[Bzegurl 41]

1 minute ago, Chancy said:

 

No, OP was not a US citizen at the time of his daughter's birth, so his daughter does not have a claim to US citizenship at birth.  OP must file an I-130 petition if he wants his child to immigrate with his wife.  His daughter will gain US citizenship the moment she enters the US, but not before.

 

OK now I understand I thought OP was citizen when daughter was born. Yes YOu are correct child will have citizenship when she enters US. 

 

[aaron2020 11,651]

7 minutes ago, VIS4WIFE_DAUGHTER said:

This keep getting more complicated , now what should i do ??? 

 

I am filing a i 130 now and now you said i dont need and i can not file it but instead go a head and try to get a passport for her in her home country now what if i can not go there

 

what if i went there and applied for a passport how long this will take ?

One person told you that you didn't need to file an I-130, and that person is wrong.  Your child is not a US citizen because you naturalized after your child was born.  Your child does not qualify for a US passport.

 

You must file a separate I-130 for your child.  You can attach your wife's I-130 approval notice and ask for an expedite.  Delay processing your wife's case with CEAC until your child's I-130 is approved and sent to the NVC.  This is the correct and only way to do this.  

Edited May 17, 2021 by aaron2020

[Chancy 6,233]

4 minutes ago, VIS4WIFE_DAUGHTER said:

i can not file it but instead go a head and try to get a passport for her in her home country now what if i can not go there

 

No, you cannot get a US passport for your daughter to enter the US because she does not have a claim to US citizenship at birth.  You said it yourself that you became a US citizen AFTER she was born.

 

FILE AN I-130 PETITION FOR YOUR DAUGHTER.  Request an expedite, following @aaron2020's advice.  AFTER she gets her IR2 visa AND enters the US with it, she will automatically become a US citizen.  Only then can you apply for a US passport for her.

 

[VIS4WIFE_DAUGHTER 0]

OKAY THANK YOU TOPIC CLOSED

[United2019 9]

Please check with your local embassy if your daughter qualifies for "Consular Report of Birth Abroad" and US citizenship based on your case. 

[Chancy 6,233]

3 minutes ago, United2019 said:

Please check with your local embassy if your daughter qualifies for "Consular Report of Birth Abroad" and US citizenship based on your case. 

 

OP's daughter does not qualify for CRBA because OP was NOT a US citizen yet when his daughter was born.

 

[Timona 3,931]

3 hours ago, Chancy said:

 

No, you cannot get a US passport for your daughter to enter the US because she does not have a claim to US citizenship at birth.  You said it yourself that you became a US citizen AFTER she was born.

 

FILE AN I-130 PETITION FOR YOUR DAUGHTER.  Request an expedite, following @aaron2020's advice.  AFTER she gets her IR2 visa AND enters the US with it, she will automatically become a US citizen.  Only then can you apply for a US passport for her.

 

 

I understand everything. However, just for my learning, how will she automatically become a citizen?  Does he just claim that she is being that he is USC and the child is under 18?

Or does he have to do something with relevant authorities

I understand PP will solve this....but how do you even get there.. I guess that is my question

Edited May 17, 2021 by Timona

[Chancy 6,233]

10 minutes ago, Timona said:

how will she automatically become a citizen?  Does he just claim that she is being that he is USC and the child is under 18?

 

For a child who intends to reside in the US, s/he will automatically acquire US citizenship if s/he meets the conditions listed under INA 320 -- https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

To get a US passport for the child, the parent will need to prove that the child meets those conditions, by submitting sufficient documentation through their preferred passport agency in the US.  The required documents for children who acquired US citizenship through naturalization of a parent are listed here -- https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

 

[Lil bear 3,831]

Moved to Bringing  a family member of a USC  to the US as this reflects the OPs situation 

[aaron2020 11,651]

2 hours ago, Timona said:

 

I understand everything. However, just for my learning, how will she automatically become a citizen?  Does he just claim that she is being that he is USC and the child is under 18?

Or does he have to do something with relevant authorities

I understand PP will solve this....but how do you even get there.. I guess that is my question

When the OP's child was born, he was not a US citizen so the child was not born a US citizen.  After the child's birth, the OP naturalized.

 

The OP has to file an I-130 for his child in the IR2 category.

Upon entering the US with an immigrant visa, the child automatically becomes a US citizen under the Child Citizenship Act by meeting the following conditions;

1. Having a USC parent, 2) Living with the USC parent, 3) The child is under age 18, and 4) The child is an LPR. 

Citizenship under the CCA is automatic meaning that the child does not need to take any action to become a US citizen.  It would wise to obtain proof of the child's US citizenship by getting the child a US passport or filing for an N-600 Certificate of Citizenship.  Neither the US passport or the N-600 is required, but it is a smart move to get proof of citizenship.

[Timona 3,931]

41 minutes ago, aaron2020 said:

When the OP's child was born, he was not a US citizen so the child was not born a US citizen.  After the child's birth, the OP naturalized.

 

The OP has to file an I-130 for his child in the IR2 category.

Upon entering the US with an immigrant visa, the child automatically becomes a US citizen under the Child Citizenship Act by meeting the following conditions;

1. Having a USC parent, 2) Living with the USC parent, 3) The child is under age 18, and 4) The child is an LPR. 

Citizenship under the CCA is automatic meaning that the child does not need to take any action to become a US citizen.  It would wise to obtain proof of the child's US citizenship by getting the child a US passport or filing for an N-600 Certificate of Citizenship.  Neither the US passport or the N-600 is required, but it is a smart move to get proof of citizenship.

 

This is what I was looking for.  Thanks