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immi378

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Posts posted by immi378

    Son in US on immigrant visa, US passport denied, apply for 322 instead?

    in Bringing Family Members of US Citizens to America

    Posted

    Hello to all,


    I am a born German citizen with naturalized US citizenship since 2013, having lived in the US for 15 years, now living in Germany for the past 2 years.


    We just entered the US on 08/01 and are still in the US right now for another week.


    My son, 7, was born in Germany when I was not a US citizen yet. He now entered with me and my other 1 year old son (born in German, US citizen, US passport) on an immigrant visa and received the I 551 stamp valid until 6/2016. We were planning on moving back to the US but things might have changed now. The father of both kids lives in the US and will remain living here. Both kids were born out of Wedlock and their father is only a green card holder.


    When applying for a US passport for my 7 year old, they denied it based on not enough evidence that he was residing here with me in the US although we provided a school registration for him and doctors documents. They said we would need to show proof that he lived here for at least 6 months to a year, then he will be issued his US passport.


    My son will soon receive his green card in the mail here at my home in the US. We will go back to Germany in one week though. I know my son can reenter with his green card or stamp with no problem but since we have decided to maybe stay in Germany we cannot prove his US presence anymore.


    We have to get his US passport also since his Dad is living in the US and we have a court family plan agreement for me to live in the US for 6 months and 6 months in Germany and the kids want to see their Dad regularly. If he only kept his green card, we would have to travel here every 6 months and then my son would have to live in the US for 5 years to be eligible again for the citizenship.


    Should I come to live here with the kids next year so I can get his US passport showing 6-12 months presence or could I stay living in Germany with them and apply for a N 600 under the 322 child citzenship act provision? Do I qualify for that if I lived in Germany from 2007-2009 and 2013-2015 to accumulate the 5 year residence requirement or do the 5 years count back from the date of application?


    I do have a lot of questions and am considering consulting an attorney now while still in the US.


    What do You advise please?


    Thank You very much for Your replies.


    Urgent - didn't tell my son about moving to the U.S. yet, how should I handle this at the interview?

    in Bringing Family Members of US Citizens to America

    Posted

    Thank You for all Your fast replies. Both sons were born in Germany, the youngest (1) was born when I had the U.S. citizenship, the oldest (7) was born when I only had a green card. That's why I am now petitioning for him. I have sole custody for both and their father lives in Florida (green card, Brazilian).

    I haven't told my oldest yet since he just got settled in here (1.5 years now) and I am planing to get together with their Dad again and since it stated on the online site not to make any travel arrangements until You truly get the visa, I don't want to disappoint him in case we won't get his visa. So the plan was to tell him after it got approved. But if You all advice to tell him before, I just have to do that. Oh well, my mother's caution to preserve him might make it more complicated.

    Thank You again for all Your advice.

    Urgent - didn't tell my son about moving to the U.S. yet, how should I handle this at the interview?

    in Bringing Family Members of US Citizens to America

    Posted

    Hello,

    I am getting nervous since my interview is in a couple of days in Frankfurt for my son's immigration visa (I am a U.S. citizen and German, my other son also). We are currently living in Germany and are planning on moving back this August as soon as I have the visa for my son.

    I have not told my son yet that we will be moving back and since he has to be present at the interview, I wonder how I should be handling this situation. My plan is to show the officer who will interview us a note stating that I didn't tell my son yet that we are moving, to please consider this when asking the questions. Does that sound o.k. or will it appear strange?

    Please advise.

    Thank You.

    Immigrant visa interview for my son is very soon

    in Bringing Family Members of US Citizens to America

    Posted

    Hello,

    My interview for the immigrant visa for my son (7 years old, I am a U.S. citizen living in Germany right now) is now scheduled for mid May in Frankfurt. With regards to the documents needed for it, I could only find the basics online like photographs, fee, birth certificate... .

    Will they also ask to see further proof of my ties to the U.S.? Should I bring my 2013 taxes (or will they need 2014 if they ask for taxes?), my bank account info, real estate license, and current lease documents for my house there? In general will they ask for proof that we are moving back there?

    We are planning on going to the States on August 1st (and my son will be an automatic citizen once we enter, yeah!!!!), is there enough time to receive the visa before the trip after the interview? How long does it normally take to receive it?

    Thank You for Your replies.

    Child stayed 4 years in the US without status - will the immigrant visa be denied?

    in Bringing Family Members of US Citizens to America

    Posted

    Thank You so much for Your fast response and the great news.

    Could You answer me two more questions please?

    1. Will I have to show proof that my son is registered at a U.S. school at the port of entry / passport agency before they issue me his U.S. passport?

    2. We plan to first travel there for one month and then return to live there. Will it be an issue that I will have two-way tickets or will they require me to travel on one way tickets only?

    Please advise.

    Thanks again.

    Child stayed 4 years in the US without status - will the immigrant visa be denied?

    in Bringing Family Members of US Citizens to America

    Posted · Edited by immi378

    Hi,

    My 7 year old son (born in Germany and only German citizen) overstayed his 90-day visitor visa by 4 years while living with me (only green card back then) in the U.S. from 2009-2013. I hold dual citizenship (naturalized in 2013) with the U.S. and Germany and so does my 1 year old baby. All 3 of us are now living in Germany since 12/2013.

    I just got the I-130 approved by Frankfurt for my older son and now have the following questions with the immigrant visa procedure:

    1. Will it be an issue that he stayed in the States for 4 years without a visa/green card even though he is only 7 years old?
    2. The reason why he stayed so long without status is that my first citizenship application got denied in 2010 and I had to wait to reapply only in 2013, when it was granted. Should I explain this in detail in the online D-260 application or should I just state that he stayed 4 years since I am afraid that they will wonder why my citizenship got denied and therefore deny his immigrant visa application. How much detailed explanation should I give?
    3. Will they ask my son direct questions at the interview or will they only ask me?
    4. Since I am the petitioner, do I have to be the sponsor (I-864 form)? I own a property there but have no work income. I would need to get the home appraised I read, what are the complete steps for qualifying my home as sufficient income?
    5. The father of the kids lives in the States (green card) and can be the sponsor instead. Since I will send all the documents now in March, will his 2013 taxes be sufficient or will they insist on the year 2014?

    Thank You so much for Your answers. I really want to take care of all this the right way.

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