Applying for Spouse and Child at the same time

[pushbrk 12,106]

13 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.

 

Right but no need for anything but the passport.

[HRQX 4,145]

47 minutes ago, SusieQQQ said:

when apparently all they really want, from what you’ve said here, is “financial sponsor earns money in the US”.

Exactly that. In an interesting (but somewhat off-topic) note, in the case of a minor petitioner they strictly enforce the I-864 requirements and the age issue cannot be overcome even if there is a qualified joint sponsor: https://fam.state.gov/fam/09FAM/09FAM010208.html "In the context of immigrant visa processing, a minor can successfully petition for a spouse. However, family-based immigrant visas require that the petitioner submit an I-864, Affidavit of Support. INA 213A(f)(1)(B) requires that a petitioner must be at least 18 years of age to qualify as a “sponsor” on an I-864. In any case involving a spousal petitioner who is under the age of 18, you should refuse the visa application under INA 212(a)(4)(A) as a public charge as the petitioner cannot properly submit the required I-864. While a joint sponsor may be used in cases in which the petitioner does not meet the income requirement found at INA 213(f)(1)(E), the age requirement cannot be overcome with a joint sponsor. If the petitioner later reaches age 18 and meets all other requirements, the ineligibility can be overcome. If the petitioner will turn 18 within a year after the initial adjudication, then no additional fee or application is required. If the petitioner will turn 18 more than a year after the initial adjudication, then a new fee and visa application would be required. See 9 FAM 504.11-4 and 9 FAM 601.14."

[jan22 2,898]

On 10/23/2021 at 11:57 PM, 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.

 

While not required for the I-864W, the issue of domicile (or, rather, the lack of the US as the "principal residence" with the intent of maintaining that residence for the foreseeable future -- the definition of domicile in 9 FAM 601.14) may have an impact of the acquisition of US citizenship under the Child Citizenship Act of 2000.  Both USCIS and the Department of State have started to focus more on whether the child has not only been admitted to the US as a legal permanent resident but also that he/she "is residing" in the US with the US citizen parent as required by the CCA.

 

In earlier days of the CCA, entering with the immigrant visa was sufficient, and some parents would only stay in the US with the child until they had received the child's US passport and then return to their residence abroad.  (Some would not even wait for the US passport -- they would return overseas immediately and apply for the passport at the US Embassy, showing the I-551 as evidence of admission as an LPR ).  More recently, they are looking for documentation that the US is the principal actual dwelling place for the child.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4  (See especially the four points under "General Reuirements" and also Footnote 6 and follow the link in the footnote)

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html (See especially the response under the "What Are the Requirements..." FAQ, that includes the statement that "After admission to the United States, reside in the country..." and the response under "How Does the Child Get a Passport..." FAQ.

 

 

Edited November 30, 2021 by jan22

[millefleur 5,035]

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