Bringing my daughter and wife (2 year old to the US)

[Keyser Soze 1]

Hello,

I'm a US citizen that's been married to a non-US citizen for four years now. Both live abroad (they've never been to the US) and my daughter was born there, too. 

I believe I'm supposed to file I-130 for my wife. Do I need to file a separate one for my daughter? 

Also, I have never registered my marriage with the embassy. Was I supposed to do that? 

[SusieQQQ 11,585]

Do you qualify to pass citizenship on to your child? Google CRBA and see if you meet the requirements.  If you do, apply for CRBA and US passport for your child. If you don’t, then they each need a separate i130.
 

No requirement for registering marriage at the embassy.

Edited August 18, 2021 by SusieQQQ

[Timona 3,970]

@Keyser Soze where you a citizen when your child was born? That is what the CBRA that @SusieQQQ will answer. 

If you were, you passed citizenship to your child.

[Keyser Soze 1]

3 minutes ago, Timona said:

@Keyser Soze where you a citizen when your child was born? That is what the CBRA that @SusieQQQ will answer. 

If you were, you passed citizenship to your child.

Hello, 

Yes, I was. (I'm a naturalized citizen) Does that mean I don't have to apply for her I-130? What do I do then? Apply for her passport? 

2 hours ago, SusieQQQ said:

Do you qualify to pass citizenship on to your child? Google CRBA and see if you meet the requirements.  If you do, apply for CRBA and US passport for your child. If you don’t, then they each need a separate i130.
 

No requirement for registering marriage at the embassy.

Got it! Thanks. Didn't see your edited reply. I'll go ahead and CRBA and Passport for my daughter then. 

[Timona 3,970]

2 minutes ago, Keyser Soze said:

Hello, 

Yes, I was. (I'm a naturalized citizen) Does that mean I don't have to apply for her I-130?  Yes What do I do then? Apply for her passport? Then you are all set. Go to your country's embassy and download their CBRA checklist and follow it. It is fairly simple. 

Got it! Thanks. Didn't see your edited reply. I'll go ahead and CRBA and Passport for my daughter then. 

 

[SusieQQQ 11,585]

20 minutes ago, Timona said:

@Keyser Soze where you a citizen when your child was born? That is what the CBRA that @SusieQQQ will answer. 

If you were, you passed citizenship to your child.

Just being a citizen is not enough - there are residence requirements too

16 minutes ago, Keyser Soze said:

Hello, 

Yes, I was. (I'm a naturalized citizen) Does that mean I don't have to apply for her I-130? What do I do then? Apply for her passport? 

Got it! Thanks. Didn't see your edited reply. I'll go ahead and CRBA and Passport for my daughter then. 

However being a naturalized citizen almost always ensures you meet the criteria. Yes, both CRBA and passport. Embassies have specific criteria for proof for CRBA so make sure you read the site of the US embassy where your daughter is.

[Ontarkie 13,969]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - As spouses of USC are under this forum~~

[aaron2020 11,651]

Where you a US citizen when your child was born?  Did you live at least 5 years in the US before your child was born?

[Keyser Soze 1]

19 hours ago, aaron2020 said:

Where you a US citizen when your child was born?  Did you live at least 5 years in the US before your child was born?

I'm a naturalized citizen. So I had to have lived for at least 5 years to get it. 

 

Is I-130 all I need to file for my wife at this time? (Since she's in home country)? 

[SusieQQQ 11,585]

5 minutes ago, Keyser Soze said:

I'm a naturalized citizen. So I had to have lived for at least 5 years to get it. 

 

Is I-130 all I need to file for my wife at this time? (Since she's in home country)? 

Yes.

[jan22 2,918]

On 8/19/2021 at 10:55 AM, Keyser Soze said:

I'm a naturalized citizen. So I had to have lived for at least 5 years to get it. 

You most likely meet the requirement to transmit US citizenship to you child, but a word of caution.  You had to be a permanent resident for 5 before qualifying for citizenship. But, during that five years you were allowed to travel outside of the United States.

 

The Consular Report of Birth Abroad requirement is that you have spent five years physically present in the US. Any time spent outside the US cannot be included, like it can for the citizenship process.  So, you need to take a look and be sure that you had five years of being physically in the US prior to the birth of your child, just to be sure.

 

[pushbrk 12,248]

4 hours ago, jan22 said:

You most likely meet the requirement to transmit US citizenship to you child, but a word of caution.  You had to be a permanent resident for 5 before qualifying for citizenship. But, during that five years you were allowed to travel outside of the United States.

 

The Consular Report of Birth Abroad requirement is that you have spent five years physically present in the US. Any time spent outside the US cannot be included, like it can for the citizenship process.  So, you need to take a look and be sure that you had five years of being physically in the US prior to the birth of your child, just to be sure.

 

Yes, but you don't start over at zero again every time you leave the US.  https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

[jan22 2,918]

17 hours ago, pushbrk said:

Yes, but you don't start over at zero again every time you leave the US.  https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

I don't believe I said that it had to be 5 continuous years, just a total of 5 years.  But, to clarify: Any and all time spent physically in the US prior to the birth of a child -- in any status (undocumented, on a non-immigrant visa, or with an immigrant visa) -- counts towards the total needed, i.e., a total of 5 years, 2 years of which were after the US citizen turned 14 years old.

[Keyser Soze 1]

On 8/21/2021 at 10:41 AM, jan22 said:

You most likely meet the requirement to transmit US citizenship to you child, but a word of caution.  You had to be a permanent resident for 5 before qualifying for citizenship. But, during that five years you were allowed to travel outside of the United States.

 

The Consular Report of Birth Abroad requirement is that you have spent five years physically present in the US. Any time spent outside the US cannot be included, like it can for the citizenship process.  So, you need to take a look and be sure that you had five years of being physically in the US prior to the birth of your child, just to be sure.

 

Hi, 

I'm a tad confused. I have lived in the US for 10 years in total starting 2006 (including 4-5 yrs in f-1,student visa). Does that suffice? 

[pushbrk 12,248]

4 hours ago, Keyser Soze said:

Hi, 

I'm a tad confused. I have lived in the US for 10 years in total starting 2006 (including 4-5 yrs in f-1,student visa). Does that suffice? 

If you Naturalized with 5 years of residency after age 14 and before the baby was born, then yes.