Nevie88

Unfortunately we couldn't get CRBAs for the kids as my wife hasn't had 365 continuous days in the US. Missed out on this by 1 month so the embassy wouldn't allow it to be passed over.

My wife has petitioned for myself and the kids to go and live in the US.

She is an American citizen by birth but lives in the UK. Would it be better if she moved over to the US while this process is ongoing to get things set up?

36 minutes ago, Mike E said:

The USA will not issue birth certificates to your kids. 
 

It will issue CRBAs to the kids.  Apply for CRBAs first. Then their passports.  

I'll look at doing this tomorrow for the children. 

Thanks again Mike 

On 9/20/2022 at 3:40 PM, Mike E said:

Thanks. It was never clear until just now that she was born in the USA. 
 

Based of what you’ve written so far on this this, the kids are U.S. Citizens.  As in eligible to run for president of the U.S. But like Schrodinger’s Cat the pendulum may yet swing back. And back again. 

 

Her challenge is going to be proving it. Unfortunately even if she cannot prove it, a competent CO won’t issue her kids immigration visas.  
 

It is difficult show 366 days of continuous presence in the USA while still a child. The last time I recall this situation on visa journey, after weeks of sitting through  boxes, the couple vaccination records from the time  mom was an infant and the embassy issued a passport to mom’s child.  
 

So hopefully she can find the evidence or the CO is not competent. 

Thanks for your help with everything.. I have recently submitted the I-130/A and paid the fees.

My wife's mother has also found vaccination records for my wife to show she was present.

With that being said would we now Possibly be able to apply for the passports and birth certificates for our kids?

9 minutes ago, Mike E said:

Thanks. It was never clear until just now that she was born in the USA. 
 

Based of what you’ve written so far on this this, the kids are U.S. Citizens.  As in eligible to run for president of the U.S. But like Schrodinger’s Cat the pendulum may yet swing back. And back again. 

 

Her challenge is going to be proving it. Unfortunately even if she cannot prove it, a competent CO won’t issue her kids immigration visas.  
 

It is difficult show 366 days of continuous presence in the USA while still a child. The last time I recall this situation on visa journey, after weeks of sitting through  boxes, the couple vaccination records from the time  mom was an infant and the embassy issued a passport to mom’s child.  
 

So hopefully she can find the evidence or the CO is not competent. 

Thanks mike we will see if her mother kept any of this proof. As I believe we only have my wives birth certificate, but I will double check this.

1 minute ago, Mike E said:

I did  ask if she lived in the USA before the oldest was born. It was a critical question. 
 

So we’ve established that she did. 
 

So 3 more questions:

 

1. When she lived in the USA did she have 366 days of continuous uninterrupted presence in the USA? IOW no trips outside the USA for 366 straight days?

 

2. You’ve said she wasn’t married to you when her older child was born. Was she married to anyone else when the older child was born?

 

3.  You’ve said she wasn’t married to you when her younger child was born. Was she married to anyone else when the younger child was born?

 

Sorry I misread the first question my bad.

Yes for 2 years she lived in US without leaving the country.

We have only ever been married to eachother no other marriages before.

Just now, Nevie88 said:

Sorry I misread the first question my bad.

 

Yes for 2 years she lived in US without leaving the country.

 

We have only ever been married to eachother no other marriages before.

Just to make this clear this was from birth up until 2 years of age.

3 hours ago, arken said:

If the kids were born out of wedlock, they are USCs now. The children don't need to step a foot into the US soil to be USCs as long as the parent is eligible to transmit it to them. It seems to be the case here. Best is to apply for CRBA and US passport for kids at the US embassy. 

Yeah we weren't married when any of the children were born. And my wife has only lived in the US as a child up until she was 2 years old. She has not lived in the US since then. We have only visited for holidays.

Just now, Mike E said:

 

 

So I asked you if she had ever lived in the USA before kids we born and you said the answer was no.

 

Can you you explain how she lived in the USA as a child after her oldest child was born?

 

 

 

 

There has been a misunderstanding I was saying my wife lived in the US as a child up until 2 years of age. Not when any of the children were born.

8 hours ago, arken said:

So you are sure your USC spouse has never lived even for a year or two in the US at any time in her life before the birth of the older child. If she has, the kids are USCs already and uscis or the embassy might deny the petition/visa for them suspecting they are USCs.

 

Otherwise, like others said i130 for each person is the way to go.

Yeah she lived in the US for 2 years as a child but not since then it has only been for holiday visits. We have been together 12 years and the children only went for the first time in 2018.

So I'm guessing like everyone has said I-130 is definitely the best way to go. 

2 hours ago, Mike E said:

Follow the the process in 

 

https://www.visajourney.com/guides/us-immigration-for-children/

https://www.visajourney.com/guides/us-immigration-guide-for-children/

 

The I-864W comes after their I-130s are approved, during the NVC phase. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html has a diagram that shows the series of steps.

Thank you

34 minutes ago, Mike E said:

Ok they are not U.S. Citizens then.  She would have needed a continuous 365/366 days of physical presence in the USA prior to their births. 
 

1. Do they have UK birth certificates?

 

2. Do they have UK passports?

 

Because their mother is a U.S. Citizen, the moment they enter the USA on their immigration visas, they will become automatic U.S. Citizens.  Thus:

 

* she should file I-864W and not I-864 for each child

 

* she should not pay the green card fee as citizens don’t need green cards 

 

* she would apply for their passports and passport cards as so as they arrive 

 

* Once their passport cards arrive she should apply for new social security cards for each child using the passport cards as evidence. There needs to be a senses of urgency for the older child as SSA has a secret policy that makes it more difficult for people who acquire citizenship in this manner and don’t approach SSA before age 18 

* Once the passport and passport cards are received, she should file N-600 for each child. 
 

Make copies of all evidence sent off for passport and passport cards. 

Yes they both have UK passports. So should we apply for I-864W now or once the I-130 is done?

Just now, Mike E said:

1. Before her oldest child was born did she live in the USA?

 

2.  If the answer to 1 is yes, did she have 5 years of physical presence in the USA?

 

3. If the answer to 2 is yes, did she have 2 years of physical presence in the USA after reaching age 14?

 

4. Were all her children born in wedlock?

No to all of the questions the children are 13 and 9 but we have only been there for holidays.

We were married after both children were born.

20 minutes ago, Dashinka said:

So do the children have US passports?  If so, then it is just the one I130 for yourself.  If not, then you should look at CRBA.

They were both born in the UK, but the plan is to apply for their birth certificates/Passports but do we have to live there for 1 year first?

5 hours ago, Mike E said:

Is your spouse the parent of the children?

Hi Mike,

Yes they are both her children.

5 hours ago, Dashinka said:

I agree, the IR1/IR2 is the only option.  If the relocation to the US is imminent due to something like a job transfer of your USC spouse, you can look into filing the I130's directly to the consulate (DCF).

 

Good Luck!

Thanks Dashinka

Hi All,

I am married to a US Citizen for 6 years. We want to relocate to America and I am wondering if the CR-1/IR-1 including the I-130/A is the best visa to try and get for myself and children?

Any help is appreciated

Thanks 

Ashley