Applying for Spouse and Child at the same time

[gerrard.allam 2]

Hello all, 

 

I was hoping to get some insight on a special immigration case. I am a United States citizen by birth but I have never actually lived in the United States. I am currently living and working in Beirut, Lebanon and have been married for 3 years and have a 1 year old son. I want to start the immigration process to obtain GreenCards for both my spouse and my child while still in Lebanon. I have a few questions that I will list below. Thanks in advance for any help. 

 

1) Should I fill  out and submit the I-130 for my spouse and then a separate I-130 for my child ?

2) Will it be problematic that I have never lived in the USA and that I am applying for GreenCards for my family?

3)Are there any extra steps that one must take while filing since I am not currently living in the USA?

4)What are some provisions I should be aware of considering my predicament ?

5)Any general advise that I should be aware of?

 

 

Thanks 

 

 

[Crazy Cat 39,250]

9 minutes ago, gerrard.allam said:

Hello all, 

 

I was hoping to get some insight on a special immigration case. I am a United States citizen by birth but I have never actually lived in the United States. I am currently living and working in Beirut, Lebanon and have been married for 3 years and have a 1 year old son. I want to start the immigration process to obtain GreenCards for both my spouse and my child while still in Lebanon. I have a few questions that I will list below. Thanks in advance for any help. 

 

1) Should I fill  out and submit the I-130 for my spouse and then a separate I-130 for my child ?

2) Will it be problematic that I have never lived in the USA and that I am applying for GreenCards for my family?

3)Are there any extra steps that one must take while filing since I am not currently living in the USA?

4)What are some provisions I should be aware of considering my predicament ?

5)Any general advise that I should be aware of?

 

 

Thanks 

 

 

1.  Each person will require a separate I-130.

2.  Yes.  You MUST either live in the US or you must prove that you intend to re-locate to the US.  Green cards are for residing in the US. 

3.  Yes.  You MUST have either sufficient income which will continue after re-locating to the US, sufficient assets to sponsor your family, or a well qualified joint sponsor currently living in the US.

4.  See items 2&3 above.

5.  Living in the US is extremely expensive.  Do your research.

BECOME AN "A" STUDENT OF THIS PROCESS!

Good luck. 

Edited October 23, 2021 by Crazy Cat

[JeanneAdil 6,201]

4 minutes ago, Crazy Cat said:

1.  Each person will require a separate I-130.

2.  Yes.  You MUST either live in the US or you must prove that you intend to re-locate to the US.

3.  Yes.  You MUST have either sufficient income which will continue after re-locating to the US, sufficient assets to sponsor your family, or a well qualified joint sponsor currently living in the US.

4.  See items 2&3 above.

5.  Living in the US is extremely expensive.  Do your research.

BECOME AN "A" STUDENT OF THIS PROCESS!

Good luck. 

As a USC have u been filing US tax returns for the years outside the US ?

 

Lebanon is not on the list as having a tax agreements with the US

 

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

Edited October 23, 2021 by JeanneAdil

[Crazy Cat 39,250]

1 minute ago, JeanneAdil said:

As a USC have u been filing US tax returns for the years outside the US ?

Good point.  I forgot to list that one.  The OP must be current on taxes.  Thanks.

[gerrard.allam 2]

As a USC have u been filing US tax returns for the years outside the US ?

 

Lebanon is not on the list as having a tax agreements with the US

 

 

Yes I have been every year. 

I have also started the process of intending to move to the USA. i.e: Open a US Bank Account, start building credit, etc

[JeanneAdil 6,201]

12 minutes ago, Crazy Cat said:

Good point.  I forgot to list that one.  The OP must be current on taxes.  Thanks.

you don't usually forget

 

 

To the OP

 

1.  i would file tax returns for the current year 2021(and next year-2922- as the interview will happen about 2 years from date u apply) 

do 3 years of returns 

2.  find out not only your rights as a USC but your responsibilities  such as taxes and registering when u come for selective service if age appropriate

3.  Get a job here in US and move here to establish a US income and residency

 

It isn't easy to be separated but many of us have done it and its well worth it in the end

2 minutes ago, gerrard.allam said:

As a USC have u been filing US tax returns for the years outside the US ?

 

Lebanon is not on the list as having a tax agreements with the US

 

 

Yes I have been every year. 

I have also started the process of intending to move to the USA. i.e: Open a US Bank Account, start building credit, etc

elhamdo lellah

[gerrard.allam 2]

A follow up question: If I were to move to the US as a USC and at this point only want to being my son. What is the best way to go about that ? Do I not have a right as a USC to have my son with me when I move to the states ?

[Crazy Cat 39,250]

6 minutes ago, gerrard.allam said:

A follow up question: If I were to move to the US as a USC and at this point only want to being my son. What is the best way to go about that ? Do I not have a right as a USC to have my son with me when I move to the states ?

No. You do not.  All non-citizens must have valid entry documents.  Immigrating to the US is not a right.  As a US citizen, you have a right to petition for your immediate relatives' immigration.  

Edited October 23, 2021 by Crazy Cat

[gerrard.allam 2]

OK thank you for that. I am wondering what the best avenue would be to get documentation just for my child at this point?

 My spouse has a tourist visa so they can come and go as they please. 

 

Appreciate the quick replies. 

 

[SusieQQQ 11,584]

4 minutes ago, gerrard.allam said:

A follow up question: If I were to move to the US as a USC and at this point only want to being my son. What is the best way to go about that ? Do I not have a right as a USC to have my son with me when I move to the states ?

Not if you did not qualify to pass citizenship on, which would not be the case if you never lived in the US.  You have a right as a citizen to enter and live in the US, you do not have a right to bring family members who are not citizens to live with you without appropriate visas.
Do note that if your son is still under 18 when you bring him into the US on an immigrant visa, and if you have legal custody (either  still married to his mom or with custody documents) then he will at that stage become a citizen himself.

[Crazy Cat 39,250]

4 minutes ago, gerrard.allam said:

OK thank you for that. I am wondering what the best avenue would be to get documentation just for my child at this point?

 My spouse has a tourist visa so they can come and go as they please. 

 

Appreciate the quick replies. 

 

Your spouse cannot enter the US as a tourist with the intent to stay in the US.  That would be fraud.  Your spouse can visit only.  Your Son will need an immigrant visa to immigrate or a tourist visa to visit..

BTW, your spouse cannot "come and go as they please".  

Edited October 23, 2021 by Crazy Cat

[SusieQQQ 11,584]

Just now, gerrard.allam said:

My spouse has a tourist visa so they can come and go as they please. 

No non-citizen has the right “to come and go as they please”. If you move to the US and they feel your spouse is spending too much time there on a tourist visa, or worry that she may try stay and adjust with a resident USC husband and child, they can refuse entry and/or revoke her tourist visa. 

[SusieQQQ 11,584]

2 minutes ago, gerrard.allam said:

I am wondering what the best avenue would be to get documentation just for my child at this point?

As stated before file a i130 for him.

[gerrard.allam 2]

4 minutes ago, SusieQQQ said:

Not if you did not qualify to pass citizenship on, which would not be the case if you never lived in the US.  You have a right as a citizen to enter and live in the US, you do not have a right to bring family members who are not citizens to live with you without appropriate visas.
Do note that if your son is still under 18 when you bring him into the US on an immigrant visa, and if you have legal custody (either  still married to his mom or with custody documents) then he will at that stage become a citizen himself.

My son is 1.5 years old. So I would need to start the I-130 for him and also at the same time prove that I indent to relocate to the US. Once approved, and as soon as we arrive in the United States and I have legal custody I can apply to make my child a USC. Correct ? If so what is that process called when I apply for his (my child's) citizenship?

[gerrard.allam 2]

One final clarification. Do I need to provide an "Intent to Relocate"  on my son's I-130 petition, since I have never lived in the US? Or do I not need that when applying solely for my son's Immigration Visa? 

 

i.e: Do I need to have a job lined up in the US, or proove the ability of financial sponsorship, or any other proof? 

 

Thanks again