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Birth Abroad to One Citizen

Birth Abroad to One Citizen

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Old Jun 4th 2013, 4:20 pm
  #1  
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Default Birth Abroad to One Citizen

Hi all,

Appreciating your help in advising with the process and required forms in order to apply for my kids for a US passports or IV Visa.

The condition is :
My Wife is a US citizen by birth, and we are having 2 kids and I got my IV and now we want to apply so we can all move together. The kids are having only Egyptian passport.

I have checked the process however my wife did not complete five years physical presence, two after the age of fourteen. She spent 5 years in The US before the age of 14 and they dont have US citizen grand parents.

We would like to travel within 5 month from now, so what would be the best option?


Could you please advise.

Thanks
BADR
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Old Jun 4th 2013, 5:05 pm
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Default Re: Birth Abroad to One Citizen

If the children are not currently USCs (your USC wife cannot pass on her US citizenship to the children), then the children will need Immigrant Visas!

Your USC wife should have filed an I-130 for EACH person who needs to immigrate to the USA, including the kids, when she filed your I-130!

You are looking into this very, very late for the children. I doubt they will get Immigrant Visas within the next 5 months.

Rene
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Old Jun 4th 2013, 5:18 pm
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Default Re: Birth Abroad to One Citizen

Thanks Rene for your answer, in fact she just wanted to make sure that i got my IV first cause this is the 2nd time to go through all the process and she was affraid to get stucked with the proof of domicile again & sponsor requierment.

Now we can apply for the kids and the process will be easier then mine.
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Old Jun 4th 2013, 5:22 pm
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Default Re: Birth Abroad to One Citizen

Originally Posted by badr51182
Thanks Rene for your answer, in fact she just wanted to make sure that i got my IV first cause this is the 2nd time to go through all the process and she was affraid to get stucked with the proof of domicile again & sponsor requierment.

Now we can apply for the kids and the process will be easier then mine.
But it could take longer than 5 months for the kids to get their Immigrant Visas...and you will need to move to the USA before yours expires...and your USC wife needs to be in the USA either before you or at the same time as you. I guess you will leave the kids in Egypt with someone, while you and your wife get settled in the USA?

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Old Jun 4th 2013, 6:50 pm
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Default Re: Birth Abroad to One Citizen

The USC needs to be there already or arrive at the same time as OP but she doesn't have to stay there after he has entered, does she? She can return to Egypt and reunite with the kids until their visas come through.
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Old Jun 4th 2013, 8:10 pm
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Default Re: Birth Abroad to One Citizen

Originally Posted by avanutria
The USC needs to be there already or arrive at the same time as OP but she doesn't have to stay there after he has entered, does she? She can return to Egypt and reunite with the kids until their visas come through.
That is true. She just has to demonstrate that she is domiciled in the USA to comply with the I-864 requirements.

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Old Jun 7th 2013, 9:51 pm
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Default Re: Birth Abroad to One Citizen

You are right, that's most probably what will happen if i was not able to finish their papers, & i found that we can apply for Visit visa after starting the IV process in case we want them to travel with us.
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Old Jun 7th 2013, 9:54 pm
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Default Re: Birth Abroad to One Citizen

Originally Posted by badr51182
You are right, that's most probably what will happen if i was not able to finish their papers, & i found that we can apply for Visit visa after starting the IV process in case we want them to travel with us.
I wouldn't expect the children to get a B-2 visitor's visa, when one parent is a USC and the other parent has applied for an Immigrant Visa. Of course you can try, but it's doubtful the B-2 visas will get approved when both parents have the intent to return to live in the USA permanently.

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Old Jun 7th 2013, 10:04 pm
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Default Re: Birth Abroad to One Citizen

copied:
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

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.
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Old Jun 7th 2013, 10:31 pm
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Default Re: Birth Abroad to One Citizen

Originally Posted by badr51182
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.
That's only if the beneficiary is getting a K-3 visa. You are getting an Immigrant Visa, so the children can't get K-4 visas.

Besides that, the K-3 / K-4 visa route is outdated, and no longer brings the immigrant and children to the USA any faster than an Immigrant Visa does.

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Old Jun 8th 2013, 12:27 am
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Default Re: Birth Abroad to One Citizen

Thanks Rene for your reply.

I have one more question for the kids papers, do they requiere affidavit od support i-864, if yes and the mother can't fulfill the requirment will a mother look for a joint sposnor to bring the kids or there is another form.

Thanks
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Old Jun 8th 2013, 5:02 am
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Default Re: Birth Abroad to One Citizen

Originally Posted by badr51182
I have one more question for the kids papers, do they requiere affidavit od support i-864...
The children will each require an I-864W. The "W" is important, because it sounds like the children will immediately become US citizens the day they enter the US with their immigrant visas.

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Old Jun 8th 2013, 7:17 am
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Default Re: Birth Abroad to One Citizen

Other issues aside, you should be aware this is unlikely to be done in 5 months - when also considering the nationalities involved and the risk of AP.
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Old Jun 8th 2013, 11:06 am
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Default Re: Birth Abroad to One Citizen

Thanks for your reply.

One more question please how ling does it take for the children to receive thei US Passport after entering to the US.

Regards
A.BADR
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Old Jun 8th 2013, 2:03 pm
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Default Re: Birth Abroad to One Citizen

Originally Posted by badr51182
... how ling does it take for the children to receive thei US Passport after entering to the US.
They will not automatically receive a passport... you must apply for it on their behalf once you are in the US. Generally, a first-time US passport takes about 10-16 weeks to process. You will need to provide original documents as proof of their US citizenship status. Google is your friend.

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