DTM-USA

6 hours ago, HRQX said:

Was she born in wedlock? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

Or out of wedlock?

Child Born Abroad Out-of-Wedlock to a U.S. Citizen Mother

 

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.

 

If she was born a US citizen (per the above info) then she can get US passport, Certificate of Citizenship (backdated to the day she was born), or both: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

Application for Certificate of Citizenship (Form N-600)

A person born abroad who acquires U.S. citizenship at birth is not required to file an Application for Certificate of Citizenship (Form N-600). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. passport with the Department of State to serve as evidence of his or her U.S. citizenship. ^[31] 

 

A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's U.S. citizen parent or legal guardian must submit the application. ^[32] 

 

USCIS will issue a proof of U.S. citizenship in the form of a Certificate of Citizenship if the Application for Certificate of Citizenship is approved and the person takes the Oath of Allegiance, if required to do so. ^[33] 

In wedlock. 👍🏻👍🏻👍🏻

1 hour ago, HRQX said:

Is your daughter also your wife's biological daughter? If so, does your wife not qualify to pass down US citizenship?

 

Or is your daughter just your wife's stepdaughter?

Biological daughter. We’re also paying attention on it. We’ve just discussed about it few hours ago! If we go forward to fill the AOS, we will do it only for me, and pursue the citizenship for our daughter, for sure! Awesome point! Tks again! 👍🏻

11 hours ago, HRQX said:

Yes. I-864 is filled out by the US citizen. In general, send the following six packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 receipt notice for you, I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.;
• I-131 with electronic I-94 copy, etc.;

 

• I-485 with I-130 receipt notice for your daughter, I-864 (not needed if your wife is the biological or legal adoptive mother; if so just select box 62.b. on page 14 of I-485) and supporting documents, I-944 and supporting documents, electronic I-94 copy, reduced filing fee for concurrently filed child case, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-485 packets, I-485 payment method (check, money order, or Form G-1450) must be the very first item of those packets.

Wow! Thank you for all the attention and advice! It will be very helpful if we really decide to ask for an AOS. 👍🏻

12 hours ago, SusieQQQ said:

Given what you have described, it sounds to me like doing AOS makes sense. Overstay would not be an issue as you’re immediate relatives of a US citizen, but there doesn’t seem any obvious reason for you to go back to Brazil to await visas - and my understanding is that rio is still totally closed and not issuing anything other than emergency visas anyway? 
 

 

Correct. Consulate is still closed and only doing emergency appointments. We’re thinking pretty much to do the AOS. Thank you! 👍🏻

5 hours ago, KAP2019 said:

The visa extension process is pretty useless because it supposedly takes 7-9 months to hear anything back and by then your visa is expired and you've overstayed. Any idea when you expect interview in Rio de Janeiro? 

Options are to either apply for AOS and essentially restart the process for a visa OR you and your daughter return home and wait for the interview. 

Yes, we’re thinking what will be better to do in the next few days. No idea when our interview can be scheduled in Rio. Tks for your attention and God bless! 🙏🏻

Hi folks, me and our 3yo daughter are waiting for an interview to be scheduled by the U.S. Consulate in Rio de Janeiro. Wife is the USC petitioner for us. Our immigrant visa cases are already DQ since 2019 (daughter) and 2020 (mine). We were in Brazil last year when my wife got a job offer and due to COVID we came with her in order to stay together. We’re here since April/20. With no developments on the pandemic and our 6mo time expiring in October/20, we first tried in July/20 to expedite our overseas cases and was denied (no emergency). After that, we just filled for an extension (August/20) and still waiting for a decision - we asked to stay until March 1st. We’re afraid that it comes only after our maximum permitted stay time and thinking if now the best idea is to fill an AOS. Also, even if we go back to Brazil before that time without knowing the result of our extension, we will be taking the risk to be denied or get not the total time we asked, making us overstayed. Or  even approved, as i said, receive the decision only after the time we asked. So, AOS is the best thing to do right now? Tks!

49 minutes ago, Jorgedig said:

Anyone who has travelled to the US during the pandemic cannot really use that excuse as a reason to not go home.....clearly, it was and is, an issue.

Me and our 3yo daughter are here in the US since April/20 with my wife (US citizen). We’re waiting for our interview to be scheduled by the US Rio de Janeiro Consulate. Our immigrant visa cases are already DQ. In July we tried to expedite but they denied. So in August we asked USCIS for an extension until March (03/01/21), and we’re still waiting for the decision. Thinking about to fill an AOS form since we don’t know if the extension case will be really adjudicated in the next few days, what’s causing us some fear about it to create any trouble once maybe we are staying for more time than the initially requested, in order to wait for a final word from USCIS. Any thoughts? Tks!

11 minutes ago, Flavio said:

If I where you, if you are in the US, adjustment of status would be faster than the consular processing. With the pandemic there are tons of cases at NVC/consulates, siiting there ... so will not be fast....

Yes, it’s a good point. When USCIS decides about our extension we’ll probably rethink all these possibilities. Thank you! 👍🏻

16 minutes ago, DTM-USA said:

16 minutes ago, DTM-USA said:

Hi, folks! I’d like to share some info about our case. My wife is the US citizen petitioning for me and our 3yo daughter. We’re also waiting... My case became DQ on 05/15/20. Our daughter’s case became DQ first, in 2019, with an interview date scheduled for February/20, but we decided  to cancel and wait for my case in order to do all things together. And the pandemic came and stopped everything. We were in Brazil in March/20 when my wife received a job offer so we came with her to the US in April. We’re are here since then... In July we asked for an expedite but was denied. So in August we decided to ask USCIS for an extension of stay until March/21 (with no decision yet). We even thought to withdraw and enter with the adjustment of status but now with this great news about the resuming of the interviews we decided to keep waiting instead of starting another process. So, that’s it! Fingers crossed! 🙏🏻

Anyway, next month we’ll need to go back to Brazil to not reach the maximum allowed time of our stay.

1 hour ago, LOUHAMILTON said:

Send me a message 

Hi, folks! I’d like to share some info about our case. My wife is the US citizen petitioning for me and our 3yo daughter. We’re also waiting... My case became DQ on 05/15/20. Our daughter’s case became DQ first, in 2019, with an interview date scheduled for February/20, but we decided  to cancel and wait for my case in order to do all things together. And the pandemic came and stopped everything. We were in Brazil in March/20 when my wife received a job offer so we came with her to the US in April. We’re are here since then... In July we asked for an expedite but was denied. So in August we decided to ask USCIS for an extension of stay until March/21 (with no decision yet). We even thought to withdraw and enter with the adjustment of status but now with this great news about the resuming of the interviews we decided to keep waiting instead of starting another process. So, that’s it! Fingers crossed! 🙏🏻

1 hour ago, Rama19 said:

Can nvc reject documents that they accepted???

I believe not. I think they can ask for more. It happened to you?

9 minutes ago, DASH_US said:

 @DTM-USA did you get DQ or still waiting?

Still waiting for the review of the same doc sent for me and my daughter on 09/20. She got DQ on 10/24 and I had to send again on 10/25. The same doc about proof of domicile. 6 weeks waiting since second submission. 

1 hour ago, two_black_cats said:

Hi everyone! If anyone used assets for their I864, can you share what documentation you used to show asset's value ? Thanks

Hi! We used our money savings. Got a declaration from the bank account manager and translate to english. Also sent a copie of the most recent statement. With this we got the doc approved without   any issues. 👍🏻

Hello, friends! Yesterday I’ve completed 6 weeks since second doc submission.

So sad... Only God can keep us calm among this insane wait. 🙏🏻🙏🏻🙏🏻
Since 10/25 for the same doc approved for my daughter on 10/24!!!

Hi, folks!

Second submission on 10/25.

Waiting in God some good news this week! 🙏🏻

1 hour ago, DGF said:

Submitted docs October 29th and still waiting. I know they're still technically working on early-mid October submissions, but I'm curious how many people who submitted before October 29th are still waiting.

Hi, we’re waiting since October 25th here.

First sub: 09/20 (for me and our daughter) 

First review: 10/22 they rejected one of my docs and on 10/24 they gave DQ for her with the SAME doc rejected for me two days before.

Second sub for me: 10/25!

And waiting...

5 weeks tomorrow

1 hour ago, jd30 said:

After 6 weeks of first submissions of document. Thank you Lord we received a DQ today🙏. It was answered prayer. Thank you Lord.

For sure! Thank God for you! 🙏🏻

5 hours ago, snowdog said:

We ended up having to submit more documentation for my husband after the first submission (didn’t realize they needed his proof of residence for Norway, since he isn’t a citizen), but they also rejected my divorce decree from my previous marriage at the same time... and gave no reason or message as to why. I deleted and reuploaded the best possible copy I could make of it, but I’m so insanely nervous we will get rejected again for some unknown reason. I wonder if they just accidentally hit the reject button sometimes! 25 days since resubmission and counting...  

It’s true! Sometimes is so hard... 😓 But let’s wait for the best! God bless! 🙏🏻

28 minutes ago, Sea Leslie said:

WOW... they are so random. I use my passport and driver’s license as a proof of domicile what did you use?

Really, really random... 😂
We used passport too and other docs like our bank account statements and waiting list for our daughter’s school, etc. 👍🏻

You will be good for sure! 🙏🏻

15 minutes ago, Sea Leslie said:

I pray that you will hear something soon... what was needed on the second submission? 

 

My wife’s proof of domicile. We used the same for both cases (for me and our daughter. Accepted for her, rejected for me. 🤷🏻‍♂️😂🙏🏻

17 minutes ago, LilyJ said:

Welcome to the new month everyone,
hope we will all get DQ and interview letters soon 🎄🎄

Amen!!! 38 days today since second submission. The same docs were used for me and our little daughter. She got DQ right after the first review... And I had to submit it again. 🤷🏻‍♂️  Really waiting something good this week. God bless us all!!! 🙏🏻

Hi, folks! 👍🏻
One month today waiting for second review.

Funny because we sent the same AOS docs for me and our daughter and she got DQ on 10/24 and I had to upload my wife’s proof of domicile again...

So, let’s wait! 🙏🏻
 

First sub: 09/20 for me and our daughter 

First review: 10/22 for me - 10/24 for our daughter 

Same AOS docs = DQ for her / Rejected for me ???

Second sub: 10/25 - my wife’s proof of domicile 

Waiting since then... 

🙏🏻🙏🏻🙏🏻

2 hours ago, impatienttt said:

Got DQ today, submitted on 10/05. One step closer!! Good luck to everybody. 

God bless!!! 🙏🏻
Waiting since 10/25 for second review.

Funny because we sent the same AOS docs for me and our daughter and she got DQ on 10/24 and I had to upload it again... So, let’s wait! Congrats to you!!! 👏🏻

36 minutes ago, Frank77777 said:

In ds 260 control your money ? No only your wife husband who live in USA ? Qualify sponsor mean checkin your  wife husband tax in United States 

All the info about assets is for I-864 filing. And the rules are different according its location, type and sponsor. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html