I-130 for Husband but which step for kids (split & merged)

[Stephie C 8]

Hi, I’m looking for a little clarification. I am a US citizen living in the UK. My husband,  five kids (all British citizens and kids are under 10 years) and I are looking to move to the US as soon as we can. I have filed an I-130 for my husband and it is my understanding that he will need to file for a green card after that. Firstly does anyone know the form code he needs to file for his green card please?

 

Secondly i’m not sure what’s the best route for my kids, I can file a N-600k for them, with my mother being the qualifying American citizen but is this the right opinion if we intend to move to the US soon?

 

if I were to file an I-130 for all of them, which forms do I file after that so that they can live and go to school in the US? 
 

If I went down the I-130 route would the kids be eligible for citizenship immediately and if so how would I go about getting that for them?

Many thanks for the help. 

[OldUser 6,882]

@Stephie C has the I-130 petiton for you spouse been approved yet? After it's approved, NVC will ask him to complete form DS-260.

 

Has the NVC sent email asking for your spouse to complete DS-260? That's the next step for him. 

 

After that interview at the US Embassy in the UK. After that he will receive immigrant visa in passport, you would pay USCIS ELIS fee to get his green card, once he is in the US.

[Mike E 11,740]

2 minutes ago, Stephie C said:

Secondly i’m not sure what’s the best route for my kids, I can file a N-600k for them, with my mother being the qualifying American citizen but is this the right opinion if we intend to move to the US soon?

N600-K is not the right route. That ship has sailed. 
 

2 minutes ago, Stephie C said:

 

if I were to file an I-130 for all of them, which forms do I file after that so that they can live and go to school in the US?

Nothing to file since their stamped immigration  visa authorizes their presence in the USA 

2 minutes ago, Stephie C said:

 

If I went down the I-130 route would the kids be eligible for citizenship immediately

They will be citizens immediately 

2 minutes ago, Stephie C said:

 

and if so how would I go about getting that for them

File for their passport and passport card. After you get that, file N-600 online for each kid. 
 

 

[Stephie C 8]

3 minutes ago, Mike E said:

N600-K is not the right route. That ship has sailed. 
 

Nothing to file since their stamped immigration  visa authorizes their presence in the USA 

They will be citizens immediately 

File for their passport and passport card. After you get that, file N-600 online for each kid. 
 

Thanks very much for your response. So which immigration visa would the children enter on as my understanding was the I-130 just confirms their relationship to me? 
Thanks for your help 

 

[Stephie C 8]

11 minutes ago, OldUser said:

has the I-130 petiton for you spouse been approved yet? After it's approved, NVC will ask him to complete form DS-260.

No, it was only submitted 3 weeks ago so not expecting to hear anything yet. Thanks 

[Stephie C 8]

12 minutes ago, OldUser said:

Has the NVC sent email asking for your spouse to complete DS-260? That's the next step for him. 

Thank you for your help, no I have not received an email from NVC, will this come to me or my husband? Thanks 

[OldUser 6,882]

1 minute ago, Stephie C said:

No, it was only submitted 3 weeks ago so not expecting to hear anything yet. Thanks 

It will take a while, you can follow this forum for other people's experience:

 

https://www.visajourney.com/forums/forum/134-ir-1-cr-1-spouse-visa-case-filing-and-progress-reports/

 

You will receive email depending what you put in I-130 form. If you put addresses for both petitioner (you) and beneficiary (spouse) then both of you will receive it.

[Dashinka 24,594]

Just to add, filing the I130 for your husband will result in a GC for him after he gets the visa and enters the US.  There is no need for adjustment of status to get the GC.

 

Good Luck!

[Mike E 11,740]

10 minutes ago, Stephie C said:

So which immigration visa would the children enter on as my understanding was the I-130 just confirms their relationship to me? 

You file I-130 for them. Once approved they apply for an IR-2 visa. 
 

See 

 

[Stephie C 8]

2 minutes ago, OldUser said:

It will take a while, you can follow this forum for other people's experience:

 

https://www.visajourney.com/forums/forum/134-ir-1-cr-1-spouse-visa-case-filing-and-progress-reports/

 

You will receive email depending what you put in I-130 form. If you put addresses for both petitioner (you) and beneficiary (spouse) then both of you will receive it.

Thanks very much for your advice. 

[Stephie C 8]

3 minutes ago, Mike E said:

You file I-130 for them. Once approved they apply for an IR-2 visa. 
 

See 

 

That’s brilliant, thanks very much for your help. 

[JeanneAdil 6,554]

it may not happen  in your timeframe of getting all here by next August

 

note:

u need US income to sponsor the I 130's for family of 7 according to 125% of US poverty guidelines

u need to have filed US tax returns for the years lived outside the US / form 2555 would exclude UK income up to each year's allowance

u r primary sponsor so at NVC stage (several months away)  u would file the I 864 and if needed a joint sponsor would file a I 864 (with needed documents per instructions)

i need a US residency . /  possibility to use a relative

 

[SirenDoll 14]

3 hours ago, Stephie C said:

Hi, I’m looking for a little clarification. I am a US citizen living in the UK. My husband,  five kids (all British citizens and kids are under 10 years) and I are looking to move to the US as soon as we can. I have filed an I-130 for my husband and it is my understanding that he will need to file for a green card after that. Firstly does anyone know the form code he needs to file for his green card please?

 

Secondly i’m not sure what’s the best route for my kids, I can file a N-600k for them, with my mother being the qualifying American citizen but is this the right opinion if we intend to move to the US soon?

 

if I were to file an I-130 for all of them, which forms do I file after that so that they can live and go to school in the US? 
 

If I went down the I-130 route would the kids be eligible for citizenship immediately and if so how would I go about getting that for them?

Many thanks for the help. 

HI there...

I completely understand, as I was faced with that exact dilemma 5 years ago.

A lot depends on how long you are willing to potentially wait for an outcome.

 

My full story, not elaborated on this forum is that we started with I-130s for husband and 2 kids in 2017. 

The I-130s took a few years to process to the point of interviews, and that time period depends on a few factors, which you can investigate elsewhere.
So it was March 2020 when we finally had our embassy interviews. We discovered we were missing one document, and then....

everything shut (thanks Covid!).

 

For various reasons, I only got back onto the problem mid last year 2021, and we realised that we weren't going to immigrate, and that my eldest was less than a year from aging out.

So I ended up doing N-600Ks for the children through their grandparent and narrowly scraped in under my eldest's 18th.

 

 

If you do I-130 for the children, and you are a US citizen, then when you immigrate to the US, you will then have to file N-600s for the children to get the certificate of citizenship. So it's almost double the cost and paperwork as well.

 

If I could do it again, I would do the N-600K's for the children and the I-130 for my husband. It's two different pathways, but I found the N-600K process for the children much more straight-forward, and if you are having to do 5 of them, then I would choose that one, hands-down. I think I can save you $5000USD by doing the N-600Ks for the kids, instead of I-130s +N-600s

 

 

You can check processing times at the various offices and the different forms here:

https://egov.uscis.gov/processing-times/

If you do the N-600K and the grandparent is alive, then they will need to attend the interview, so look at an office close to where they live.

 

 

 

 

[Ontarkie 14,280]

~~Hijack post and all related replies split off to their own thread. Duplicate threads merged.~~

Edited November 16, 2022 by Ontarkie

[Stephie C 8]

5 hours ago, JeanneAdil said:

need US income to sponsor the I 130's for family of 7 according to 125% of US poverty guidelines

Can my husband’s income count? I have been raising the kids for the last five years so my career as a secondary school teacher is currently on hold. 
 

we also have over £250k of equity in our house, which will be sold prior to the move. 
 

my husband will probably be going over first and will be doing a transfer through his company ( they will organise his work  visa if his green card is not sorted by then)  . He will be earning in excess of $120k 

would all f this be enough? 
Thanks for your help. 

 

Edited November 16, 2022 by Stephie C