Pandajuice

Hi everyone! This is a great forum with a ton of great advice that I'm sure will make our immigration much easier.

I'm a USC and have been living in the UK with my English wife for over 3 years, and we're just now starting the immigration process to get her back to the US with me. I've done a ton of research and think I'm ready, and I started filling out the I-130 today and hit a snag.

On page 2, section C, it asks to list the names of the petitioner's husband/wife and her children. My wife has two children from a previous relationship as well as the child we had together here for a total of 3. My question, and my confusion, is do all the children still need to be listed even if we're not intending to bring my stepsons with us? And my son (because I'm a USC) will automatically become a citizen when we enter the US, does he need to be listed as well?

I don't know why USCIS would care about her children if we're not taking them with us (they are staying with their father in the UK), and I don't want to list them if it implies they are coming with us and have the DCF looking for that paperwork when I send in the I-130.

To put it more simply, we're only taking my son (who is a dual citizen by birth) with us when we immigrate and leaving the other 2 children here. What kids, if any, need to be listed in that section as my wife's children? And does listing them tell the USCIS that we intend to take them with us?

Noorah101

If the form asks for all children, list them all. USCIS will know who is immigrating for sure, because you won't be including an I-130 for her kids. That makes it clear that they are not immigrating.

If a form asks to list "all children who are immigrating", then don't list any of them, because no children are immigrating, only your wife is.

Your son together is already a USC, as you mentioned later in your post (dual US/UK citizen). So he won't automatically become a citizen when you enter the USA, he already is one.

Best Wishes,
Rene

Noorah101

All three children.

No.

Rene

Pandajuice

Thanks for the quick answer Rene. I just wasn't sure that if I listed them, the USCIS would expect to see documentation for them. It does just ask in general to list her kids, which I find odd because why should the USCIS even care about her kids if we're not bringing them, hehe.

meauxna

USCIS is looking farther in the future than you are; list all family relationships asked for. No one will think they are immigrating if they don't complete a visa application of their own.

Your dualie child needs a US passport before travel.

Have you found a guide to the entire DCF process, and the relevant Immediate Relative Immigrant Visa pages at the US Embassy London website? They have specific submission instructions (a pdf checklist) posted there. Let us know if you need any resources.

Pandajuice

Yep, I've spent the last few months researching and culling information as it is a very complex, confusing process.

You say my son needs a passport before travelling to the US with us. He can't apply for one once we're already in the US? I assumed that being a dual, he could enter on his British passport and remain indefinitely as long as we got him a certificate of citizenship whether or not he ever got a US passport. Am I wrong?

meauxna

Yes, US citizens are US citizens, period (to the US). The US will only ever recognize him as a USC. Please visit Rich Wales' excellent FAQ for important information,

Dual Citizenship FAQ

I'm sorry you're finding the DCF complex & confusing. That's the way we came over; let us know if you have any questions. Actually, we have a fresh DCF experience post here today, from Targaff.

Pandajuice

I looked through that fact and it reinforced what I already knew about getting his citizenship and passport here in the UK. However, and I apologize, it didn't really answer my question above.

I read somewhere the other day that my USC son can enter the US on his British passport with us when we move permanently, and we can then send for his certificate of citizenship and US passport locally. Not only that, but it seemed like a much easier process to do it in the US than here through London.

Noorah101

My guess is that when you appear with your son at the US POE, and they open his UK passport, they will look for an immigrant visa for him in there. Of course there won't be any, since he's a USC.

Then they will want to see proof of his US citizenship. What will you show them?

Rene

Pandajuice

Why would they look for an immigrant visa if he could technically use his British passport to visit the US for less than 90 days?

Also, him having a passport with the same last name as me and me holding his birth certificate isn't proof enough that he's my son?

I don't mean to argue with you guys as I'm sure you're much more knowledgable than I am about this, but I could have sworn I read somewhere on an official immigration site that it was OK for him to enter the US and THEN apply for proof of citizenship and a US passport.

Noorah101

I don't really know the true answers myself, not ever having been in your shoes. But wouldn't it seem odd that your wife is showing him an Immigrant Visa, meaning she intends to remain in the USA, but the baby is using a VWP which is good for only a 90-day visit? I'm just saying...I don't know....lol

Rene

Folinskyinla

Hi:

They ask for ALL children -- period. That includes step-children and dual nationals. If the step-children ever later decide to come over, then it helps if they were listed.

meauxna

If you can find the page again, post it?

This is what I find at a quick look; you can also look on travel.state.gov for more information:

Children Born in the UK to U.S. Parents

Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. If the parent(s) meets the transmission requirement, a child's birth may be reported at this Embassy and a U.S. passport and social security number may be obtained for him or her.

We strongly recommend that the birth of your child be reported to this Embassy as soon as possible after the birth. It is not possible to report the birth of a child over the age of 18. Even if your child holds nationality of a country other than the U.S., if your child has a claim to citizenship, he or she must be in possession of a valid U.S. passport to enter and exit the United States.

My bold, their red.

follow on pages:
Reporting The Birth of a Child to U.S. Citizen Parent(s) in the UK
At the time you report the birth of your child, you may also submit an application for his or her U.S. passport.


You are not required to apply for a passport at the same time you report your child's birth, but many applicants choose to do so because both applications require personal appearance at the Embassy. If you wish to submit both applications on the same day, the following documentation will also be required:
(more)

Folinskyinla

Hi:

United States Citizens are REQUIRED to use US passports to enter the United States. And why would you waste money on getting a certificate of citizenship in lieu of a passport?

Pandajuice

I'd get both because as far as I understand, my son would need that certificate in order to get the passport.

And here is where I read that it's possible to apply for a certificate and US passport after entering the US:
http://foreignborn.com/visas_imm/sta...rth_abroad.htm

Specifically where it says "If the child returns to the U.S. without a Form FS-240 (Consular Report of Birth) being filed, an application may be made for a Certificate of Citizenship. Obtaining this certificate involves presentation of basically the same documentation required to obtain a Consular Report of Birth. Under law, the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of citizenship."

Am I reading it wrong or is this site giving false info?