Complex Case

[tarekazzouz]

I appreciate your help, I have a complex situation as follow. I'm married to a US citizen and we have two daughters. We applied for immigration and we have the interview scheduled on June 22.

The problem we have is that one of our daughters didn't have a birth certificate when we applied for this therefore her I-130 was denied. The US consulate advised us to continue with the case (only for me and one of the daughter) in order to save time. Our case was approved and we have the interview next month.

We were finally able to issue a birth certificate and a passport for our second daughter. The question is now what is fastest way for her to join us, should we apply for her now and wait until the process is complete (which will take few months), or there is another way to help expedite.

For example can she get a non-immigrant visa and apply for immigrant visa then do the adjustment in status in US?. If the answer is Yes what kind of visa can she apply for (she is 5 years old)

The whole family has to leave by July. We can not wait because our visa in the country we're currently residing in will expire by July 30.

Appreciate your assistance.

[inadmissible]

Form i-130

[abumiqdad]

I appreciate your help, I have a complex situation as follow. I'm married to a US citizen and we have two daughters. We applied for immigration and we have the interview scheduled on June 22.

The problem we have is that one of our daughters didn't have a birth certificate when we applied for this therefore her I-130 was denied. The US consulate advised us to continue with the case (only for me and one of the daughter) in order to save time. Our case was approved and we have the interview next month.

We were finally able to issue a birth certificate and a passport for our second daughter. The question is now what is fastest way for her to join us, should we apply for her now and wait until the process is complete (which will take few months), or there is another way to help expedite.

For example can she get a non-immigrant visa and apply for immigrant visa then do the adjustment in status in US?. If the answer is Yes what kind of visa can she apply for (she is 5 years old)

The whole family has to leave by July. We can not wait because our visa in the country we're currently residing in will expire by July 30.

Appreciate your assistance.

your 5 year old daughter CANNOT APPLY for NON IMMIGRANT visa if the whole family have immigrant visa.

You will either be
1. Denied at the consular/embassy
2. If not, you might get denied at the Port of Entry.

Some questions you can answer:
1. the child, are they your biological children with your spouse (not from previous marriage or adopted).
2. your USC spouse, how long has she been a USC for? Since birth? or naturalized? This matters because depending on your circumstances, your daughters might be US citizens already.

[abumiqdad]

your 5 year old daughter CANNOT APPLY for NON IMMIGRANT visa if the whole family have immigrant visa.

You will either be
1. Denied at the consular/embassy
2. If not, you might get denied at the Port of Entry.

Some questions you can answer:
1. the child, are they your biological children with your spouse (not from previous marriage or adopted).
2. your USC spouse, how long has she been a USC for? Since birth? or naturalized? This matters because depending on your circumstances, your daughters might be US citizens already.

Also, once you file for I 130, and receive I-797C, you can apply for K4 visa

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

But i believe once you are there, you would have to Adjust Status instead of do Consular processing (the cost is higher for Adjusting Status).

[inadmissible]

She will get her IV before they issue her K-4, rendering the latter moot

[abumiqdad]

She will get her IV before they issue her K-4, rendering the latter moot

Getting IV through CP (while I 130 is being processed) is faster than applying for K4 and get that K4 approved? (sorry i am not aware of the duration for each)

[inadmissible]

The K-3/K-4 visas were conceived at a time when processing Form I-130's took a very, very long time

The K application process involved filing a Form I-129F concurrently or subsequent to filing Form I-130

If you do so today, the I-130 will be approved first, the case transferred by NVC to the consulate, and then the immigrant visa will be issued. The Form I-129F will then be denied as moot

[newacct]

K-4 is for the child of someone with K-3. Nobody has K-3; she is not getting K-4.

[abumiqdad]

K-4 is for the child of someone with K-3. Nobody has K-3; she is not getting K-4.

So the only option for (newborn) child of a USC (that cannot pass the citizenship to the child) is to apply for I 130, stay at the home country until I 130 is approved, which is usually around 1 year, and then get the visa from Consular. After that, travel to the USA?

LPR's would have a better option than USC in that sense - as LPR can bring their newborn (born in a foreign country) and get I 551 visa on arrival at PoE.

[newacct]

USC (that cannot pass the citizenship to the child)

And why can't the USC pass citizenship to the child? Did they grow up abroad and never spent time in the US or something?

[abumiqdad]

And why can't the USC pass citizenship to the child? Did they grow up abroad and never spent time in the US or something?

yes, exactly the case.

hence my amusement that a USC with biological child can get denied applying for visitors visa for the child (even if the USC has no ties with the USA apart from being a natural born citizen and currently holding a valid US passport [regardless USC cannot apply for a US visa so has to use US passport anyway to enter the USA]) .

[tarekazzouz]

Thanks all for helping, we went to the consulate and they told us to apply for I-130 before.

We have our appointment at the embassy for the interview on Sunday, we have the I-130 ready and will see what other visa can we apply to.

thanks

will update this threat once we're done

[abumiqdad]

Thanks all for helping, we went to the consulate and they told us to apply for I-130 before.

We have our appointment at the embassy for the interview on Sunday, we have the I-130 ready and will see what other visa can we apply to.

thanks

will update this threat once we're done

So you think you daughters CANNOT INHERIT the citizenship from your wife? (the consulate MIGHT not know or give the WRONG advice).

[tarekazzouz]

So you think you daughters CANNOT INHERIT the citizenship from your wife? (the consulate MIGHT not know or give the WRONG advice).

She can not immediately because my wife did not live in the US after the age of 18. She left US while she was 5 years old.

We had the interview yesterday, we got the visa (me and my first daughter). We have applied the I-130 for our second daughter and they will expedite it They said they can schedule a second interview for her in a couple of weeks.

We are hoping that can be done because we have a very limited time.

Thanks

[abumiqdad]

She can not immediately because my wife did not live in the US after the age of 18. She left US while she was 5 years old.

We had the interview yesterday, we got the visa (me and my first daughter). We have applied the I-130 for our second daughter and they will expedite it They said they can schedule a second interview for her in a couple of weeks.

We are hoping that can be done because we have a very limited time.

Thanks

your wife is in the same boat as my wife unfortunately (US Citizen but had not spent time in the USA after 14 years old)

https://www.uscis.gov/us-citizenship/citizenship-through-parents

"The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday."

Do share with us your process. I am also in the process of submitting I 130 for my child and i am not sure how long that would take. I hope my child will get his visa before middle of next year.