Best person to petition new citizen SAH bio mum or working USC step dad?

[RainbowDucks 5]

Lodging i-130's for 2 unmarried minors (both under 18).

Mum is a naturalized citizen, who is a stay at home mum with no income.  Step dad is US citizen by birth, working full time who has supported the family since he petitioned them to come to the US in 2011.

What would be best to petition for the kids?  The biological mum with no income or the US born step dad who's working full time?

I'm assuming once it gets to the consulate stage and the affidavit of support was needed, the step dads income could be used for this?

We will be applying for expedition due to their circumstances so want this to to go the quickest and easiest way possible.  

Any advice / information would be appreciated.

 

[Chancy 6,233]

28 minutes ago, RainbowDucks said:

What would be best to petition for the kids?  The biological mum with no income or the US born step dad who's working full time?

I'm assuming once it gets to the consulate stage and the affidavit of support was needed, the step dads income could be used for this?

 

Best for the biological mom to file the petitions.  Fewer relationship evidence required -- just the children's birth certificate.  If the mom's legal name is different from her name listed on the birth certificates, submit a copy of the name change document (eg. marriage certificate).  Whether mom or stepdad will be the petitioner, stepdad's income can be used for sponsorship.

 

[Boiler 43,397]

Mother

[Mike E 11,722]

1. Where are the kids?
 

2. How old are they today? 

 

3. How many years has mum lived in the USA?

 

4. Does mum have legal custody of the kids?

[RainbowDucks 5]

The kids are in Australia.

They are 17 and 14.

Mum has been in USA since Dec 2011, citizen since Dec 2019

Yes, mum will have affidavit to show legal custody.  

[Mike E 11,722]

18 minutes ago, RainbowDucks said:

The kids are in Australia.

They are 17 and 14.

Mum has been in USA since Dec 2011, citizen since Dec 2019

Yes, mum will have affidavit to show legal custody.  

Ok I was going to suggest N-600K, which would require mum to move to Australia but that process has to complete by age 18.  
 

There  is zero chance the 17 year old would complete the process by age 18.  
 

Since mum  has over 5 years of physical presence in the USA, then mum should file I-130 for each kid.  
 

Income is not an issue for the 14 year because her physical presence history, her citizenship, and her legal custody all mean the 14 year old would instantly become a U.S. citizen upon arrival in the USA.  Mum would file I-864W for the 14 year old.  
 

Sadly it is not likely the I-130/consular process will complete in time for the 17 year old (i.e. before age 18) so the step father’s income is needed for I-864 for the 17 year old.  But it never hurts to ask for an expedite. 
 

 

 

Edited May 12, 2022 by Mike E

[Crazy Cat 39,192]

23 hours ago, Chancy said:

Best for the biological mom to file the petitions.  Fewer relationship evidence required -- just the children's birth certificate.  If the mom's legal name is different from her name listed on the birth certificates, submit a copy of the name change document (eg. marriage certificate).  Whether mom or stepdad will be the petitioner, stepdad's income can be used for sponsorship.

Second!!!   Sound logic!!!