Applying for Spouse and Child at the same time

[Chancy 6,233]

39 minutes ago, gerrard.allam said:

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?

 

You do not need to provide evidence of financial support or relocation to the US for your son's visa process.  That's because your son will automatically become a US citizen the moment he enters the US with an immigrant visa.  After his US entry, you may apply for his proof of citizenship -- either US passport or N600, which is optional.

 

[SusieQQQ 11,584]

1 hour ago, gerrard.allam said:

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?

Once the following conditions are met then the child is automatically a citizen. You don’t “apply to make him a USC”, but you will apply for a document (passport, n600 certificate of citizenship, or both) as evidence of his citizenship. 
 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001:

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

[JeanneAdil 6,191]

3 hours ago, gerrard.allam said:

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?

just for information"

u have not lived in the US

child care while you work is extremely expensive

i was paying $185 a week per child  (and trust me that was long ago)

prepare yourself with all information on living expenses here 

look online for rental prices 

Here's a good site for comparing mean income and living expenses

 

https://www.patriotsoftware.com/blog/accounting/average-cost-living-by-state/

 

u can always look online for rentals and/ or property for any area in the US if you google it

[speedster 21]

8 hours ago, JeanneAdil 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

 

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

I will stop and say this, if the OP has never had a social security number, ever filed with the IRS ever, and has not spent a day in his life living in the USA. He isn't/is currently liable for IRS tax reporting. He's what people call an "accidental American".

[SusieQQQ 11,584]

55 minutes ago, speedster said:

I will stop and say this, if the OP has never had a social security number, ever filed with the IRS ever, and has not spent a day in his life living in the USA. He isn't/is currently liable for IRS tax reporting. He's what people call an "accidental American".

He already said he’s been filing taxes. 

[SusieQQQ 11,584]

7 hours ago, Chancy said:

 

You do not need to provide evidence of financial support or relocation to the US for your son's visa process.  That's because your son will automatically become a US citizen the moment he enters the US with an immigrant visa.  After his US entry, you may apply for his proof of citizenship -- either US passport or N600, which is optional.

 

You are saying that OP doesn’t need to show domicile because the child will automatically be a citizen? But the child will not automatically acquire citizenship under INA320 if the child is not living with the parent in the US, so surely he will need to show domicile?

 

 

Edited October 24, 2021 by SusieQQQ

[Chancy 6,233]

14 minutes ago, SusieQQQ said:

You are saying that OP doesn’t need to show domicile because the child will automatically be a citizen?

 

I said OP doesn't need to provide evidence of US domicile for his son's visa process.  As in, he won't be required to upload domicile evidence to NVC.  As for getting his son's proof of citizenship, evidence of physical custody in the US will only count after his son enters with the visa anyway.  No need for OP to travel to the US before his son gets a visa.

 

[Ontarkie 13,915]

~~Moved to IR1/CR1 P&P, from Bringing Family of USC - as this is the forum for a spousal and child process~~

[JeanneAdil 6,191]

1 hour ago, speedster said:

I will stop and say this, if the OP has never had a social security number, ever filed with the IRS ever, and has not spent a day in his life living in the USA. He isn't/is currently liable for IRS tax reporting. He's what people call an "accidental American".

True as it is still voluntary to get the SS card but if this poster wants to apply to bring a spouse,  he does need to have income in US ,  be current on filing US taxes and so on

[SusieQQQ 11,584]

2 hours ago, Chancy said:

 

I said OP doesn't need to provide evidence of US domicile for his son's visa process.  As in, he won't be required to upload domicile evidence to NVC.  As for getting his son's proof of citizenship, evidence of physical custody in the US will only count after his son enters with the visa anyway.  No need for OP to travel to the US before his son gets a visa.

 

Really? Can you show me where it says that? I know where it says you don’t need to file a I864. I’ve never heard of not having to show domicile/intent to relocate mentioned before. (No one said he had to actually move first, intention to establish domicile is fine for petitioners, but you’re saying he doesn’t need to do anything about this at all?)

Edited October 24, 2021 by SusieQQQ

[HRQX 4,145]

4 hours ago, SusieQQQ said:

You are saying that OP doesn’t need to show domicile because the child will automatically be a citizen? But the child will not automatically acquire citizenship under INA320 if the child is not living with the parent in the US, so surely he will need to show domicile?

For child's case US domicile (or intent to establish) not required to be shown since I-864W will be submitted instead so INA 213A(f)(1)(C) won't apply (i.e. no affidavit of support, I-864 or I-864EZ, needed for that case):

• https://fam.state.gov/fam/09FAM/09FAM060114.html
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim
• https://www.uscis.gov/sites/default/files/document/forms/i-864winstr.pdf

 

But for the spouse's case it is required per INA 213A(f)(1)(C):

• https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html "To qualify as a financial sponsor..."
• https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf or https://www.uscis.gov/sites/default/files/document/forms/i-864ezinstr.pdf Pages 5 and 6

Edited October 24, 2021 by HRQX

[SusieQQQ 11,584]

28 minutes ago, HRQX said:

For child's case US domicile (or intent to establish) not required to be shown since I-864W will be submitted instead so INA 213A(f)(1)(C) won't apply (i.e. no affidavit of support, I-864 or I-864EZ, needed for that case):

• https://fam.state.gov/fam/09FAM/09FAM060114.html
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim
• https://www.uscis.gov/sites/default/files/document/forms/i-864winstr.pdf

 

But for the spouse's case it is required per INA 213A(f)(1)(C):

• https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html "To qualify as a financial sponsor..."
• https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf or https://www.uscis.gov/sites/default/files/document/forms/i-864ezinstr.pdf Pages 5 and 6

Thank you - learnt something new today!

[Chancy 6,233]

2 hours ago, SusieQQQ said:

Really? Can you show me where it says that? I know where it says you don’t need to file a I864. I’ve never heard of not having to show domicile/intent to relocate mentioned before.

 

The US domicile requirement is tied to the requirement for I-864 and financial sponsorship.  Being domiciled in the US is a requirement for eligibility for financial sponsorship, not eligibility for petitioning.  IR2 visa applicants who are exempted from having an I-864 from a sponsor, must submit an I-864W instead.  There is no mention of any US domicile requirement in the I-864W form instructions.

 

[SusieQQQ 11,584]

Just now, Chancy said:

 

The US domicile requirement is tied to the requirement for I-864 and financial sponsorship.  Being domiciled in the US is a requirement for eligibility for financial sponsorship, not eligibility for petitioning.  IR2 visa applicants who are exempted from having an I-864 from a sponsor, must submit an I-864W instead.  There is no mention of any US domicile requirement in the I-864W form instructions.

 

It’s interesting because it throws shade on the idea that these petitions are for “family reunification in the US” (which logically would require domicile or intent to establish) when apparently all they really want, from what you’ve said here, is “financial sponsor earns money in the US”. 

[HRQX 4,145]

15 hours ago, gerrard.allam said:

I want to start the immigration process to obtain GreenCards for both my spouse and my child

14 hours ago, gerrard.allam said:

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

Note that only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry.

 

Also, preconceived intent to AOS from B-2 is illegal. At POE, your spouse must be honest with the CBP officer and the officer will deny your spouse entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Edited October 24, 2021 by HRQX