Petitioning US citizen child, who is currently in US

[lucy4 11]

Hi guys, 

I am looking for a little help and VisaJourney has helped me so much in the past.  I am trying to petition and file 485 at the same time for an under 16 year old child of US citizen who is currently in the US on a non-immigrant visa.

[mam521 1,735]

If the child's parent is a USC, why is the child on a visa?  Was the USC born in the US or obtained citizenship?

[lucy4 11]

42 minutes ago, mam521 said:

If the child's parent is a USC, why is the child on a visa?  Was the USC born in the US or obtained citizenship?

 

Father is a USC through naturalization.  15 yr old daughter came afterwards.

[nastra30 1,992]

1 hour ago, lucy4 said:

Hi guys, 

I am looking for a little help and VisaJourney has helped me so much in the past.  I am trying to petition and file 485 at the same time for an under 16 year old child of US citizen who is currently in the US on a non-immigrant visa.

File I-130 and I-485 concurrently for the child to adjust status. You can also file I-751 and I-131 at the same time.

If the child is still under 18 when adjustment is approved, then they will automatically gain citizenship.

[dwheels76 5,463]

10 minutes ago, nastra30 said:

File I-130 and I-485 concurrently for the child to adjust status. You can also file I-751 and I-131 at the same time.

If the child is still under 18 when adjustment is approved, then they will automatically gain citizenship.

No I-751 that's Removal of Conditions. They need to file:

1. I-130
2. I-485
3. I-765
4. I-864
5. I-131 (optional)

[nastra30 1,992]

9 minutes ago, dwheels76 said:

No I-751 that's Removal of Conditions. They need to file:

1. I-130
2. I-485
3. I-765
4. I-864
5. I-131 (optional)

Good catch. I meant to type I-765. Long work day.

Edited January 23 by nastra30

[Ontarkie 13,918]

~~Moved to AOS from Work, Student and Tourist Visas, from Bringing Family of USC- as the child is already in the US.~~

[lucy4 11]

Thank you everyone. 

[Dashinka 23,268]

13 hours ago, dwheels76 said:

No I-751 that's Removal of Conditions. They need to file:

1. I-130
2. I-485
3. I-765
4. I-864
5. I-131 (optional)

Just to clarify, both the I131 and the I765 are optional.

[lucy4 11]

Thanks.  She is 15, but I will file the 765 anyway.  Also, being that she is a child of USC, I believe I can do the 864W.  Can someone confirm if I need a full I-864.  

 

I did the I-130 online and will file the receipt with the 485.  Should the package still go to the Chicago lockbox?

 

I'm sorry if my questions sound basic, but its been so long since I've done this.

[Crazy Cat 39,317]

16 hours ago, lucy4 said:

 

Father is a USC through naturalization.  15 yr old daughter came afterwards.

The Father didn't petition for an immigrant visa for the child?  Does the other parent have to consent?  I'm asking because I haven't seen many of these cases.

Edited January 24 by Crazy Cat

[dwheels76 5,463]

2 hours ago, lucy4 said:

Thanks.  She is 15, but I will file the 765 anyway.  Also, being that she is a child of USC, I believe I can do the 864W.  Can someone confirm if I need a full I-864.  

 

I did the I-130 online and will file the receipt with the 485.  Should the package still go to the Chicago lockbox?

 

I'm sorry if my questions sound basic, but its been so long since I've done this.

Yes you can use the I-864W. The I-765 is just so she can get the Social security # so as EAD card arrives since the approval of the I-485 can take some time. Just nice to have that sooner rather than later.

Here's the addresses of where to file according to where you live.

https://www.uscis.gov/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

[OldUser 4,875]

4 hours ago, lucy4 said:

Thanks.  She is 15, but I will file the 765 anyway.  Also, being that she is a child of USC, I believe I can do the 864W.  Can someone confirm if I need a full I-864.  

 

I did the I-130 online and will file the receipt with the 485.  Should the package still go to the Chicago lockbox?

 

I'm sorry if my questions sound basic, but its been so long since I've done this.

Also file I-131. You never know when you need it.

 

For now, I-765 and I-131 are free with I-485. 

[lucy4 11]

4 hours ago, dwheels76 said:

Yes you can use the I-864W. The I-765 is just so she can get the Social security # so as EAD card arrives since the approval of the I-485 can take some time. Just nice to have that sooner rather than later.

Here's the addresses of where to file according to where you live.

https://www.uscis.gov/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

Thank you so much.

 

1 hour ago, OldUser said:

Also file I-131. You never know when you need it.

 

For now, I-765 and I-131 are free with I-485. 

Will do, thank you.

6 hours ago, Crazy Cat said:

The Father didn't petition for an immigrant visa for the child?  Does the other parent consent?

 

Huh?  I'm confused.  The other parent is on board.

[lucy4 11]

6 hours ago, Crazy Cat said:

The Father didn't petition for an immigrant visa for the child?  Does the other parent have to consent?  I'm asking because I haven't seen many of these cases.

 

The father became naturalized and is now a USC attempting to petition for his daughter.  This is what I'm asking for assistance with. I was confused with your question because this is what we are trying to do.