Visa help

[arken 4,197]

5 hours ago, Nevie88 said:

No to all of the questions the children are 13 and 9 but we have only been there for holidays.

 

We were married after both children were born.

So you are sure your USC spouse has never lived even for a year or two in the US at any time in her life before the birth of the older child. If she has, the kids are USCs already and uscis or the embassy might deny the petition/visa for them suspecting they are USCs.

 

Otherwise, like others said i130 for each person is the way to go.

Edited September 19, 2022 by arken

[Nevie88 2]

8 hours ago, arken said:

So you are sure your USC spouse has never lived even for a year or two in the US at any time in her life before the birth of the older child. If she has, the kids are USCs already and uscis or the embassy might deny the petition/visa for them suspecting they are USCs.

 

Otherwise, like others said i130 for each person is the way to go.

Yeah she lived in the US for 2 years as a child but not since then it has only been for holiday visits. We have been together 12 years and the children only went for the first time in 2018.

 

So I'm guessing like everyone has said I-130 is definitely the best way to go. 

[arken 4,197]

3 hours ago, Nevie88 said:

Yeah she lived in the US for 2 years as a child but not since then it has only been for holiday visits. We have been together 12 years and the children only went for the first time in 2018.

 

So I'm guessing like everyone has said I-130 is definitely the best way to go. 

If the kids were born out of wedlock, they are USCs now. The children don't need to step a foot into the US soil to be USCs as long as the parent is eligible to transmit it to them. It seems to be the case here. Best is to apply for CRBA and US passport for kids at the US embassy. 

[Mike E 11,725]

21 hours ago, Mike E said:

1. Before her oldest child was born did she live in the USA?

 

2.  If the answer to 1 is yes, did she have 5 years of physical presence in the USA?

 

3. If the answer to 2 is yes, did she have 2 years of physical presence in the USA after reaching age 14?

 

4. Were all her children born in wedlock?

 

21 hours ago, Nevie88 said:

No to all of the questions the children are 13 and 9 but we have only been there for holidays.

 

We were married after both children were born.

 

6 hours ago, Nevie88 said:

Yeah she lived in the US for 2 years as a child  

So I asked you if she had ever lived in the USA before kids we born and you said the answer was no.

 

1. Can you you explain how she lived in the USA as a child after her oldest child was born?

 

2. Was she both in the USA?

 

 

 

 

Edited September 20, 2022 by Mike E

[Nevie88 2]

3 hours ago, arken said:

If the kids were born out of wedlock, they are USCs now. The children don't need to step a foot into the US soil to be USCs as long as the parent is eligible to transmit it to them. It seems to be the case here. Best is to apply for CRBA and US passport for kids at the US embassy. 

Yeah we weren't married when any of the children were born. And my wife has only lived in the US as a child up until she was 2 years old. She has not lived in the US since then. We have only visited for holidays.

 

Just now, Mike E said:

 

 

So I asked you if she had ever lived in the USA before kids we born and you said the answer was no.

 

Can you you explain how she lived in the USA as a child after her oldest child was born?

 

 

 

 

There has been a misunderstanding I was saying my wife lived in the US as a child up until 2 years of age. Not when any of the children were born.

[Mike E 11,725]

7 minutes ago, Nevie88 said:

 There has been a misunderstanding I was saying my wife lived in the US as a child up until 2 years of age. Not when any of the children were born.

I did  ask if she lived in the USA before the oldest was born. It was a critical question. 
 

So we’ve established that she did. 
 

So 3 more questions:

 

1. When she lived in the USA did she have 366 days of continuous uninterrupted presence in the USA? IOW no trips outside the USA for 366 straight days?

 

2. You’ve said she wasn’t married to you when her older child was born. Was she married to anyone else when the older child was born?

 

3.  You’ve said she wasn’t married to you when her younger child was born. Was she married to anyone else when the younger child was born?

 

Edited September 20, 2022 by Mike E

[Nevie88 2]

1 minute ago, Mike E said:

I did  ask if she lived in the USA before the oldest was born. It was a critical question. 
 

So we’ve established that she did. 
 

So 3 more questions:

 

1. When she lived in the USA did she have 366 days of continuous uninterrupted presence in the USA? IOW no trips outside the USA for 366 straight days?

 

2. You’ve said she wasn’t married to you when her older child was born. Was she married to anyone else when the older child was born?

 

3.  You’ve said she wasn’t married to you when her younger child was born. Was she married to anyone else when the younger child was born?

 

Sorry I misread the first question my bad.

 

Yes for 2 years she lived in US without leaving the country.

 

We have only ever been married to eachother no other marriages before.

Just now, Nevie88 said:

Sorry I misread the first question my bad.

 

Yes for 2 years she lived in US without leaving the country.

 

We have only ever been married to eachother no other marriages before.

Just to make this clear this was from birth up until 2 years of age.

[Mike E 11,725]

11 minutes ago, Nevie88 said:

Sorry I misread the first question my bad.

 

Yes for 2 years she lived in US without leaving the country.

 

We have only ever been married to eachother no other marriages before.

Just to make this clear this was from birth up until 2 years of age.

Thanks. It was never clear until just now that she was born in the USA. 
 

Based of what you’ve written so far on this this, the kids are U.S. Citizens.  As in eligible to run for president of the U.S. But like Schrodinger’s Cat the pendulum may yet swing back. And back again. 

 

Her challenge is going to be proving it. Unfortunately even if she cannot prove it, a competent CO won’t issue her kids immigration visas.  
 

It is difficult show 366 days of continuous presence in the USA while still a child. The last time I recall this situation on visa journey, after weeks of sitting through  boxes, the couple vaccination records from the time  mom was an infant and the embassy issued a passport to mom’s child.  
 

So hopefully she can find the evidence or the CO is not competent. 

Edited September 20, 2022 by Mike E

[Nevie88 2]

9 minutes ago, Mike E said:

Thanks. It was never clear until just now that she was born in the USA. 
 

Based of what you’ve written so far on this this, the kids are U.S. Citizens.  As in eligible to run for president of the U.S. But like Schrodinger’s Cat the pendulum may yet swing back. And back again. 

 

Her challenge is going to be proving it. Unfortunately even if she cannot prove it, a competent CO won’t issue her kids immigration visas.  
 

It is difficult show 366 days of continuous presence in the USA while still a child. The last time I recall this situation on visa journey, after weeks of sitting through  boxes, the couple vaccination records from the time  mom was an infant and the embassy issued a passport to mom’s child.  
 

So hopefully she can find the evidence or the CO is not competent. 

Thanks mike we will see if her mother kept any of this proof. As I believe we only have my wives birth certificate, but I will double check this.

[pushbrk 12,157]

8 hours ago, Nevie88 said:

Thanks mike we will see if her mother kept any of this proof. As I believe we only have my wives birth certificate, but I will double check this.

This is one of those cases where the details really do matter.  Perhaps and very likely, there are medical records for the mother when she was a child.

 

A person born abroad out-of-wedlock to a U.S. citizen mother between December 24, 1952 and June 11, 2017 may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

In light of the U.S. Supreme Court’s decision in Sessions v. Morales-Santana, 582 U.S. ___, 137 S.Ct. 1678 (2017), a person born abroad out-of-wedlock to a U.S. citizen mother and alien father on or after June 12, 2017, may acquire U.S. citizenship at birth if the mother was a U.S. citizen at the time of the person’s birth and was physically present in the United States or one of its outlying possessions for a period of five years, including two after turning age 14, in accordance with Section 301(g) of the INA.

[Mike E 11,725]

Younger  child is age 9

 

2022 - 9 < 2017

Edited September 21, 2022 by Mike E

[pushbrk 12,157]

5 hours ago, Mike E said:

Younger  child is age 9

 

2022 - 9 < 2017

Yes, the quoted regulation applies to both children.  Neither can get an immigrant visa.  

[Nevie88 2]

On 9/20/2022 at 3:40 PM, Mike E said:

Thanks. It was never clear until just now that she was born in the USA. 
 

Based of what you’ve written so far on this this, the kids are U.S. Citizens.  As in eligible to run for president of the U.S. But like Schrodinger’s Cat the pendulum may yet swing back. And back again. 

 

Her challenge is going to be proving it. Unfortunately even if she cannot prove it, a competent CO won’t issue her kids immigration visas.  
 

It is difficult show 366 days of continuous presence in the USA while still a child. The last time I recall this situation on visa journey, after weeks of sitting through  boxes, the couple vaccination records from the time  mom was an infant and the embassy issued a passport to mom’s child.  
 

So hopefully she can find the evidence or the CO is not competent. 

Thanks for your help with everything.. I have recently submitted the I-130/A and paid the fees.

 

My wife's mother has also found vaccination records for my wife to show she was present.

 

With that being said would we now Possibly be able to apply for the passports and birth certificates for our kids?

[Mike E 11,725]

2 hours ago, Nevie88 said:

 .

 

With that being said would we now Possibly be able to apply for the passports and birth certificates for our kids?

The USA will not issue birth certificates to your kids. 
 

It will issue CRBAs to the kids.  Apply for CRBAs first. Then their passports.  

[Nevie88 2]

36 minutes ago, Mike E said:

The USA will not issue birth certificates to your kids. 
 

It will issue CRBAs to the kids.  Apply for CRBAs first. Then their passports.  

I'll look at doing this tomorrow for the children. 

 

Thanks again Mike