US National Child Born Outside

[Asad Javaid 0]

Hi, My Wife is a US national and We applied for Immigration in April, 2019. We had a baby girl in August, 2020. We applied for her passport and CBRA we received a data on 7th March, 202. Her CBRA and Passport was rejected as my wife have not spent enough time in the US after the age of 14. 

 

Now, we have only one option to submit her documents via I-130 petition for which we are afraid that if I receive my immigration visa before her we can't leave her behind. Is there any other way that we can take her with us. For e.g get her Pakistani Passport made and get an urgent B2 visa or is there any other procedure that can help us to take her with us. 

[Just Paul 4,595]

2 minutes ago, Asad Javaid said:

Hi, My Wife is a US national and We applied for Immigration in April, 2019. We had a baby girl in August, 2020. We applied for her passport and CBRA we received a data on 7th March, 202. Her CBRA and Passport was rejected as my wife have not spent enough time in the US after the age of 14. 

 

Now, we have only one option to submit her documents via I-130 petition for which we are afraid that if I receive my immigration visa before her we can't leave her behind. Is there any other way that we can take her with us. For e.g get her Pakistani Passport made and get an urgent B2 visa or is there any other procedure that can help us to take her with us. 

Get a Pakastani Passport for your child. Apply for the I-130 and ask to have it expedited at each stage,

[HRQX 4,145]

10 minutes ago, Asad Javaid said:

My Wife is a US national

Can you clarify: Is your wife a US citizen or is she a non-citizen national (i.e. born in American Samoa, etc.)? I assume your wife already filed a I-130 for you? Was your visa issued? What is your visa type?

Edited June 14, 2021 by HRQX

[Asad Javaid 0]

My wife  was born in Pakistan but have her US passport at the moment she was in the US from 1990 to 1994 from the age of 1 to 5 years old. After that she's been just visiting and which is not enough time if accumulated. 

 

We applied for spouse immigration visa, I have received an email from NVC in Oct, 2020 for the approval of all documents but we are still waiting for my interview the problem is that she have to leave for US before me.  

[Just Paul 4,595]

7 minutes ago, Asad Javaid said:

My wife  was born in Pakistan

So she is atleast a US Citizen if not a dual.   US nationals are not US Citizens.   

 

8 minutes ago, Asad Javaid said:

After that she's been just visiting and which is not enough time if accumulated. 

Sounds like you guys didn´t think this through. 

[Just Paul 4,595]

Guess she could contact the consulate and ask to do a DCF for the child.

[Asad Javaid 0]

What is a DCF ? 

[Just Paul 4,595]

16 hours ago, Asad Javaid said:

What is a DCF ? 

If you wife's move fits under the "exceptional circumstances" definition then she should contact the immigrant visa section at the consulate to see if they will accept a direct filing for the child.  This is something she should do herself.

[Ontarkie 14,270]

~~MOved to Bringing Family of USC to America, from US Passports~~

[SalishSea 17,918]

1 hour ago, Paul & Mary said:

If you wife's move fits under the "exceptional circumstances" definition then she should contact the immigrant visa section at the consulate to see if they will accept a direct filing for the child.  This is something she should do herself.

Doesn't sound at all like exceptional circumstances.  Sounds like she has not lived in the US since the age of 5, and therefore needs to return to establish domicile, since she wouldn't have had things like driver's license, lease, voting records etc.

[Asad Javaid 0]

2 hours ago, Jorgedig said:

Doesn't sound at all like exceptional circumstances.  Sounds like she has not lived in the US since the age of 5, and therefore needs to return to establish domicile, since she wouldn't have had things like driver's license, lease, voting records etc.

She have a bank account, SSN, Lease and have voted last year, also tax returns 

[SalishSea 17,918]

Just now, Asad Javaid said:

She have a bank account, SSN, Lease and have voted last year, also tax returns 

So she has actually been living in the US?

[Asad Javaid 0]

On 6/15/2021 at 2:22 AM, Asad Javaid said:

She have a bank account, SSN, Lease and have voted last year, also tax returns 

No she's maintaining ties by doing all of this because we had to move but now because of Covid she couldn't