diwanrayan

1 hour ago, A'n'L said:

Do you have a 2-year or 10-year GC. ROC (removal of conditions) is only applicable to residents with a so-called conditional, 2-year GC. They're required to apply for ROC before the GC expires, and will then obtain a 10-year GC. ROC must be completed before naturalization, but it doesn't affect the naturalization process or timeframe.

I have 10 year GC. Thus, I think this doesn't apply to me.

Thanks A'n'L

On 6/7/2017 at 10:49 AM, A'n'L said:

It's not difficult to obtain a re-entry permit, they accept almost any reason. However, it takes about a month or more after filing to get a biometrics appointment (which you have to attend in the US). Getting the permit itself may take several months, but you can sign up to have it sent to the embassy abroad (so you don't have to wait in the US for that).

 

While in the US, you should work on establishing your residency with more ties. Also, remember that you are subject to filing US taxes during your stay abroad.

Thank you A'n'L. And I am sorry, for some reason I missed your reply... just saw it. Nearly answered all my questions. Cheers.

On 6/14/2017 at 9:28 AM, A'n'L said:

Naturalization = obtaining US citizenship. I'm sure you're aware that the process of obtaining the 10-year GC can take up to or over a year? In the meantime your wife would have an extension letter or stamp with one year validity. Since you don't have a timeline, I don't know if you've already filed for ROC?

 

Of course, I'm not here to tell you what to do. Only you can decide. 

Can you please explain ROC. I just recently got GC via C1IR1. Can ROC help to reduce time to apply for Naturalization?

Can we make this thread active please? Or if someone can guide me to recent discussion on I-131. Need to apply for one and need answers to some questions like:

• What to write in Purpose of Trip?
• How long is the processing time from the point they receive my application till they call for bio metrics?
• Yes, I have to be in US for bio metrics, but do I need to be in US from the time I apply till bio metrics or I can just apply and when they call for bio metrics, I can just walk in and out again.
• Finally how hard is it?

52 minutes ago, A'n'L said:

What steps to establish US residency did you take before you left? Do you have a driver's license, bank account, credit cards, proof of owning or renting a property? Is your wife in the US, or abroad with you? 

 

As a rule of thumb, absences of less than six months are ok. Up to one year should be fine - but you may be scrutinized on re-entry (thus the need to show proof of genuine US residency as suggested above). If you're short on proof of residency and your leave is close to one year, obtaining a re-entry permit is highly recommended. However, you should've applied for one before leaving (you need to attend a biometrics appointment in the US). 

Thanks A'n'L. Other than Bank account, I do not have other proofs of residencies as such.

But I can go back to US for 2 weeks to 1 month trip soon and I can apply for re-entry permit. Is it hard to get a re-entry permit? and if anyone has any idea regarding time it may take please guide.

I received immigration via my US wife. We also have 4 kids together. In April this year we entered US and I got my GC and the kids got their passports. We left US in around May. Now I can't go back to US for permanent settlement before April Next year. Because I have to prepare and do some course so I could find a decent job there. I have four kids and I can not risk going there unprepared. 

Is there any way my such long stay outside US can be acceptable just for once?

Is there any legal way if I can write the authorities and let them know about this plan? Any email addresses or anything?

And any idea how long does it takes to get a re-entry permit?

Can anyone please update as to how is the treatment for Pakistanis at Abu Dhabi pre clearance facility? I am travelling with US immigrant visa along with my wife who is US citizen and four kids. Will appreciate information.

Guys, I will be thankful for your help. As yet there is 1 yes and 1 No and I am still undecided.

Dear All,

Just recently I have received US immigrant visa for myself and my kids (as my wife was born in US but did not complete the five yr time limit in US, thus we had to apply for immigrant visa for kids). I plan to move to US soon as our visa expires in May (that is less than 2 months validity). I have few questions which I will be thankful if some of you could clarify.

1. Do i need to apply for landing fees and green cards for my kids? As they are eligible to get passports after their entry to US.
2. What are the requirements for application of passports for kids? The following is what I am able to figure out for US Citizenship Evidence, please correct where ever needed:
   1. Foreign Birth Certificate
   2. Parents proof of citizenship
   3. Parents' marriage certificate
   4. Statement from parents regarding their regarding periods and places of residence
3. Do I need SSN for kids as I tried filling DS-11 online and there SSN is mandatory?
4. Can we apply DS-11 in person? 

In addition to above if there is any other information that can help me, please provide. As the visa expiry date is pretty short so we will be required to return and I would like to do that with at least passports of my kids, I know my green card will take time, but I can live with that as I will be returning within two months and my kids may come later maybe 6-12 months after that. 

regards,

Diwan.

INA 322 doesn't apply to your kids' situation. In the INA 322 process, the USC parent files N-600K while the children are residing outside the US, and then when that's approved, the kids must enter the US as a nonimmigrant, usually B2 visitor, to enter the US to take the oath, and only upon taking the oath become a US citizen. B2 (and most other types of nonimmigrant visa) requires that the person not intend to immigrate to the US. You guys are relocating to the US, and therefore, their B2 visa will be denied or they will be denied entry. They will not be able to do the INA 322 process. This process is for when the kids are not relocating to the US and will remain residing abroad.

Since your kids are relocating to the US, their path to US citizenship is different -- it involves them being petitioned to immigrate (i.e. get US permanent residency) and entering the US with an immigrant visa (which is what you guys are doing right now). Once they enter the US with an immigrant visa, they immediately become US permanent residents, and, per INA 320, they also immediately become US citizens, without needing to do anything. Because they immediately become US citizens (and thus any sponsor's obligation would immediately cease anyway), they don't need an Affidavit of Support and can use I-864W.

Thank you!! All clear now...

You still don't get it. You are not correct. You are going in a circle back to being wrong.

The Child Citizenship Act applies to your kids once they enter the US on immigrant visas. Your wife files I-864w for them. Once they enter on immigrant visas, they automatically become US citizens since they would be under 18 years old and residing in the US with their USC mom. That's why your wife gets to file the I-864w.

You have nothing to do with this. Doesn't matter if they reside with you.

USC mom is the only relevant relationship.

Arron2020... you are right the Child Citizenship act will be applicable, once the kids enter US. But they are not in US and we are in process of applying for immigration (last step), where the NVC is asking us to file financial documents (I-864 and its categories).

And my question is which category of I-864 is applicable to kids?

INA 322 does not apply to you. It applies to your kids in relationship to their USC mother. Once again, you have nothing to do with your kids gaining US citizenship. Keep referring to yourself and you will only create confusion.

Lolzz. Right. Agreed. I will try to check myself on this in future.

Google "Child Citizenship Act."

I got confused because you kept referring to yourself and the children. That's not the relevant relationship for them becoming US citizen. Neither is being your wife the relevant relationship. The relevant relationship is between the children and a US citizen parent.

Thanks aaron2020... I am sorry my bad. My apologies.

Summary:

• Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US
• Child Citizenship Act Section 322 is not applicable to our kids as it relates to kids born and residing outside US, but timelines for stay of USC parent in US are not met.

Conclusion:

Thus I think I864w is not applicable to our kids and we should file i-864. Please advice if I am correct?

Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US

This is the wrong law. INA 322 is a voluntary naturalization process for children residing outside the US and who do not intend to immigrate to the US. You want INA 320, which is the automatic citizenship for children permanent residents living in the US with a US citizen parent.

I am not sure where you got that from (what "Part C"?), but it does seem to be from the right law. After the child moves to the US (and becomes a permanent resident upon entry), he/she will be living in the legal and physical custody of you and your wife.

Yes. INA 322 applies to me, as my kids are residing outside US.

And Part C is coming from INA 320.

They are her and mine biological kids. How does that got you confused? Please can you share the law here too that you are talking about. Thanks.

Correction. Your wife files I-864w for each of the children. The I-864 is waived for them since they will automatically become US citizens upon entering the US with immigrant visas.

Your wife files an I-864 for you. You and the children are included in her household.

Your Joint Sponsor files his own I-864 for you. Only you will be included (not your wife and not your children) in the JS's household.

She needs a US domicile or proof of the intent to establish one by the time you and the children enter the US.

Her children would only be US citizens if she meets the physical presence requirement before their births and the OP has already stated that she does not. Google "is my child a US citizen" to learn about this requirement.

aaron2020... exactly thats the confusion I am facing...

• Part C states "The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence."

But my children are and have always been with me??

:)

Wife did not spend enough time for kids to be natural citizens? spend time where?

She is a natural born citizen any children born from her can have US citizenship

INA 322 states

Another section of the Child Citizenship Act, INA Section 322, provides that a U.S. citizen parent (or, if deceased within five years, a citizen grandparent or legal guardian) may apply for naturalization on behalf of a child born abroad who has not acquired U.S. citizenship automatically under INA Section 320. U.S. Citizenship and Immigration Services will issue a Certificate of Citizenship to the child upon proof that the following conditions have been fulfilled:

• At least one parent of the child is a U.S. citizen by birth or naturalization;
• The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, this requirement may be met through proof that the child's U.S. citizen grandparent has been physically present for such time.
• The child is under the age of eighteen;
• The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent;
• The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

hi

your wife will file an i864 for each of you and attach a letter explaining why wasn't she required to file taxes

the other person will file an i864 for each of you as well, and attach financial proof and proof of citizenship or being a LPR

Thanks aleful. What will be the country of Domicile for my wife? US or Pakistan?

Please also add to Questions:

• Does the sponsor and joint sponsors need to fill separate forms for all family members?

Dear All,

I am stuck and don't know what to do, thus I need urgent help please. I am in process of filing immigration case as my wife is US Citizen.

Facts:

• Wife is Natural Born US Citizen
• She did not spend enough time to allow our kids to automatically gain US citizenship.
• Our application via I-130 has been approved.
• We have paid all fees and completed application forms
• My wife is residing with me since our marriage and she is a house wife
• We have four kids all less than 18 yrs of age.

Question(s):

• What category of i-864 do I need to fill for my kids and myself?
• What category of i-864 is required to be filled by joint sponsor?

There are four children, you, and the wife. She will need an income of just under $41,000 per year or assets 3X that amount or a sponsor who can meet the poverty guidelines for their household plus your family.

If she will not return to the US prior to all of you receiving your visas she will need proof of a domicile and intent to live in the US. These means you need a place for your family to live, bank accounts, driver's license, enrollment or information about schools for the children, anything that can prove you intend to live in the US.

The best answer!! Really thankful.

If your wife left the US at age two she will need to get back & prepare

to petition her family also file tax, If she has family members they could

help with receiving her, she getting an address & job...your extended

family there may have to help with the kids awhile since she was out of

the US more than 5 yrs prior to their births..She can get a co-sponsor

relative or friend for the petition

Yes she would surely do that if she could!! My youngest kids are twins and they are 4 MONTHS old... they can not stay with their mum!! Yes she has all of her family over there... and Co-Sponsor is not an issue... it will be taken care off.

Was your wife born in the US and are all these her children?

If they are they are US citizens born out of the country by a US citizen. they have dual citizenship and you need to get right on proving that and getting the documents ready and getting their US passports

that will solve one problem/ they will not need a visa

They need a visa as Belinda explained. there are timeline issues..

Citizenship is no just automatic for these kids , she has paper-work to do

to get them to acquiring citizenship, its easy IF the person lived in the US

at least 5 yrs prior to giving birth abroad...she left the UA at age 2...it can be

done but based on the facts not what ppl think should happen..Do some

research, and have her email for an appt with the US citizens help at your onsulate

she can take her birth cert along with proofs & her kids birth certs , there she will get

a factual answer

Yes I have talked to the consulate people but my feeling is that their answers are just adhoc and they keep us referring to website for detailed information but its not there as well.

Yes i have applied for my kids. But how can my wife go there before me? My kids are 4 months 3 yrs and 5 yrs... is she supposed to go without them?? I really doubt that..

She will need to provide copies of her US tax returns or a statement as to why she was not required to file returns.

She will need proof of a domicile in the US or of intention to establish a domicile.

Yes I am working on that!!!

Just wandering how difficult is my case? My wife has been out of US since she was 2 yrs old. We are married since last 7 years and have 4 kids.. Now we are planning to move to US. Couldn't apply earlier as we continuously got stuck into 1 issue after another.

Just want to find out people with similar case to find out their issues and problems they faced during the process.

regards,

Diwan.

How many of you are here who are married like 4+ years and have 2+ kids(Non US citizens) and both you and your spouse have been out of US since marriage? Mine is this sort of case. Just wanted to check how many people are here matching my specifications.

The basic idea is I want to check how easy or difficult is this case?