Kris78

30 minutes ago, geowrian said:

Yes, it is 100% possible to immigrate with only the spouse. Many people have done exactly that - leaving the children behind with family members (or very trusted friends), usually to complete schooling or similar abroad, or otherwise personal circumstances that make more sense to leave them behind.

The CO would probably ask about the children IMO, but that's not the time you want to find out that they can't come with her, and it's not a reason for refusing the visa.

 

Yes, they have to go through the same I-130 process (no I-130A, though), NVC, medical, interview, etc. The only other difference is you would use an I-864W for them instead of an I-864 - since they will become USCs upon entry on the visa and residing with you. You can apply for their US passports (N-600 is optional) after entry as well.

 

Because it's not their job to tell you. You give them a petition for a spouse, they will adjudicate the petition. They aren't going to tell you what you should be doing.

I gather from the instructions that I-864W and N-600 would only apply to my biological daughter.

Since I haven't adopted my step daughter at least N-600 doesn't apply, I assume N-400 would be the case. But then I'm back to a regular I-864 for my stepdaughter?

Or actually a better question:

Any suggestions on where to find some professional support to straighten this out for me? Or in which sub-forum should I switch to? I think i should try to sort this out step by step before proceeding with anything.

But this triple I-130 filing does bother me. Does US immigration process allow the possibility to abandon your children? Apply for visa for wife only, go through immigration alone having abandoned the kids in the process. Or would someone at some point intervene and deny the visa? I'm wondering if they have to undergo this medical exam, get a criminal record?? Basically through the same process as my wife?

I'm also wondering why we've been allowed to continue this far without this issue being brought up by USCIS. Maybe it will in their reply regarding the documents we recently sent in.
 

1 minute ago, Lil bear said:

Probably not .. as there is no foundation for being granted a us birth certificate for the reason you stated. Only way is to get the immigrant visa, enter the US and then use the pathway already outlined for the child’s citizenship 

Thanks for the reply.

38 minutes ago, NikLR said:

The younger daughter does not qualify for a CRBA because the OP did not spend at least 2 years after age 14 in the USA. 

correct

I left the United States at the age of 10. I wasn't aware of this restriction, I would have likely tried to return home earlier if I had known what I am learning now.

42 minutes ago, JeanneAdil said:

Why?

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

just wondering if this is because she has not resided in US for a long time

this site does not address issues 

only says if she doesnt register immediately after birth it can be an issue

If this is regarding my case. Neither Frankfurt, Munich or Berlin has responded to my questions on that topic. But I'm wondering why it cropped up here?

Is there any reason to register the birth if my child isn't eligible to receive citizenship through me anyway?

3 minutes ago, Lil bear said:

Are you doing DCF ? 

Yes

6 minutes ago, Lil bear said:

One of the things that is confusing your household number is that you were incorrectly told that your children would be part of your wife’s I130 application. They are not. You need 3 separate I 130 forms .. spouse , child 1 and child 2.  After the 130s are approved, each  beneficiary will then apply for their own immigrant visa .. spouse IR1, child #1IR2 and child #2. IR2. 

Some visa types .. such as the K1 fiancé visa... allow for dependent children (derivatives) but the spouse visa does not. 

When you complete the I864, understanding that each visa application is separate, you get the correct household number for each application, as outlined by Pushbrk 

OK, thanks USCIS Frankfurt..

I had asked that question explicitly

1 hour ago, Nitas_man said:

You have two choices on the tax side:

 

1 transcripts

2 copy of the complete filed tax package

 

You can attach a full and complete copy of the forms you filed with the IRS.

 

I am not sure at all how your household size reached 7?  It seems like you counted the household then added the 3 immigrants again.  So on the form part 5 line 1 the number is 3.  Under persons not sponsored you are (1) and your wife and children are NOT listed again there.  

 

So line 1 (3 persons sponsored) plus yourself (1 person NOT sponsored) = 4.

 I am (guessing) that you listed your wife and children below yourself in “persons not sponsored”.

 

Do you work for a US company and are you transferring to the US?  Unless you are, your income in Germany is discounted and  your non-US income is assumed to be zero.  You need liquid assets (preferably parked over in the US) equal to 3x the required income level to overcome that. 

Yes exactly, as obviously shown in the previously uploaded pic.

Thank you!

But besides other issues, I'm still ending up with 5 family members on the I-864 when I correct the mistake I noticed.

Or do I not enter my wife at the top in part 2 either? Part 3 is where I had mistakenly added my kids.

Going over that file a dozen times probably made me blind for some things, I had focused mostly on the taxes and the assets part before sending assuming the rest was correct.

4 minutes ago, NikLR said:

Your daughters both need I-130s.  There are no derivatives for spouses of USC. 

Interesting

here the response from USCIS to that question:

Please see checklist attached.

Your wife will have to complete form I-130A. It’s not needed for your daughter.

USCIS FRANKFURT
TH

My current interest in the subject allows for some overtime.

1 I-130 + I-130a was filed on Oct. 23rd 2018 and approved Dec. 3rd 2018.

The I-130 listed my wife and our two children, iirc the I-130a was mostly about my wife's background parents etc.

Our eldest daughter is not my biological daughter and has the nationality of my wife. My wife has full custody, the father is not interested in the child.

Our younger daughter resulted from our marriage and is a German national.

I didn't assume that they would be able to receive citizenship so easily, especially since I am apparently not eligible to pass on my US citizenship to my children upon birth. I had assumed that this would maybe be possible at a later time but on request.

2 minutes ago, pushbrk said:

I just told you how to complete the forms correctly.  Your liquid assets need to be documented but that should be easy and they are sufficient.

 

Did you file 3 I-130 forms or just one?

Thanks about that

see above edited post, 1 I-130 and 1 I-130a

The legal help was referring to someone who understands this and knows how to fill out the forms correctly and can help me do that for a fee.

Regarding the filing, I only filed 1 I-130 which contained my wife and two children and the I-130a for my wife. I was told at the Consulate General in Frankfurt that I don't have to apply for my dependent children separately.

But since it is 2am here I will have to table this for now, I'll get back with the documents for more accurate information on the subject.

I was looking for an edit button to add some info but couldn't find one

I added the complete filing package from the CPA, since it's 3 years of tax returns for the streamlined procedure I just added them all.

I'd have to go through the file again to find out where I exactly messed up but it's something like you said. The question is, what does USCIS say to a big mistake like that?

I am a dual citizen US/Germany, I've worked in Germany as a German all my adult life until last summer when I took a year off to take care of my youngest daughter. I had/have no intention of returning to that company but instead for various reasons decided to apply for a visa for my wife and kids. I am therefore primarily using assets from a recent inheritance which is in cash on my and my wife's German checking accounts. I added 2000$ yearly income which I still receive from being co-owner of land in Germany and receiving a yearly lease, this income is stated on my recently filed tax returns. The land itself wasn't added as an asset. The entered cash value of the assets resulted in ~250,000$ according to the exchange rate for June from the US-Treasury website. From what I read that should be sufficient for my wife and a 12 and 4 year old child.

I could take up work again here in Germany on quite short notice (electrical engineer, somewhat high demand here). But I would prefer to start actively setting up residence in the US instead.

Hi

I'm obviously new here but maybe I can find some help here regarding my situation, I'll try to add the relevant information to help. I am a US citizen born in the United states but due to tragic circumstances was forced to leave the US for Germany at the age of 10. I am now currently planning to finally relocate to the US as a US citizen and want to bring my wife and 2 children with me. None of them are US citizens. I have already started the whole application process and my/our I-130 application was approved. But this is the part where things got very confusing for me, and I have also noticed mistakes that I made in the I-864 which was just recently sent to the embassy.

1. Sadly only after reviewing the form again today did I notice that I somehow managed to create a household size of 7 (which should be 4 the way I see it.. wife, me, 2 kids). I am still quite confused about how to fill it out correctly and I have no idea how the embassy might react to the mistakes 😕

2. The other possible problem is that I can't provide the requested IRS tax returns directly. In the checklist for the required documents it is specifically mentioned to add the IRS transcript of the latest tax return should be added which can be obtained from the IRS (https://www.irs.gov/individuals/get-transcript) Due to my early departure from the US and the following loss of my remaining US family members I wasn't aware of my international tax obligation as a US citizen. This has been just recently corrected by going through the streamlined procedure (https://www.irs.gov/individuals/international-taxpayers/streamlined-filing-compliance-procedures). This is obviously handled differently by the IRS then regular tax filing. I can't even request one of these transcripts because I can't match all requirements for the online or the mail request version.

Currently I'm starting to wonder if this is all futile and that I might not even be eligible to bring my wife and kids with me to the US? I've been considering engaging legal help but don't really know where to turn to in these matters. Maybe some people here can save me from this insane bureaucratic maze called visa-application and point me in the right directions