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I-130 for Husband and Children

I-130 for Husband and Children

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Old Jan 24th 2018, 5:58 pm
  #1  
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Default I-130 for Husband and Children

Hello I am a US / UK citizen I hold a valid US passport but I have never lived in the USA since I was a young child my father is a US citizen and still lives there

I am looking at moving my family back to US and looking at starting the I-130 visa's looking at this I will need to file for my husband who is a UKC
and my 2 children who are age 14 and 11 apparently as I haven't lived in US for so many years over the age of 14 my children cant get citizenship from me ?

I have looked at forms and rather lost
has anyone any advice on what order do I do it all together or husband first or best ways to do this ?

I was wondering is it best to get an immigration lawyer ?

I would appreciate some advice

Thanks Corrine
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Old Jan 24th 2018, 6:35 pm
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Default Re: I-130 for Husband and Children

Since you are living in the UK, you have the distinct advantage of being able to do what we laymen call direct consular filing ("DCF"). That means you can foregoing dealing with the USCIS inside of the US altogether and deal directly with obtaining your family's immigration visas through the US Consulate in London.

Please read this link and come back and ask questions: DCF I-130 Filed In London : British Expat Wiki

You do have two major issues to overcome as a US Citizen living abroad:

1. Have you been filing your US tax returns? If not, you need to file the last three.

2. You have to complete an Affidavit of Support for your family (I-864). Unless you have assets 3 times the amount required for a family of 4, you will need a financial sponsor who is either a US Citizen or a legal permanent resident living in the US.

There is one very big advantage to your intended move. When your children enter the US with their approved immigration visa, they automatically will become US Citizens by virtue of your US citizenship. You will be able to get them US passports after entry and should file for their citizenship papers via form N-600. But the passport will serve as proof of their citizenship until then.

Last edited by Rete; Jan 24th 2018 at 6:38 pm.
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Old Jan 24th 2018, 8:10 pm
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Default Re: I-130 for Husband and Children

Originally Posted by Rete
There is one very big advantage to your intended move. When your children enter the US with their approved immigration visa, they automatically will become US Citizens by virtue of your US citizenship. You will be able to get them US passports after entry and should file for their citizenship papers via form N-600. But the passport will serve as proof of their citizenship until then.
Which means that the children do not need I-864s, instead an I-864W (waiver) should be filed for each of them. They will of course count towards household size when working out the I-864P requirements.
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Old Jan 24th 2018, 10:06 pm
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Default Re: I-130 for Husband and Children

Originally Posted by rpjs
Which means that the children do not need I-864s, instead an I-864W (waiver) should be filed for each of them. They will of course count towards household size when working out the I-864P requirements.
Spot on. Thanks !
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Old Jan 25th 2018, 6:34 am
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Default Re: I-130 for Husband and Children

Thank you great advice !

I need to make an appointment to get my social security number as I was never issued one and then I will file 3 years

I have checked and we are in final stages of selling a property so we will have over the 3 times of poverty line to support family and also I have many family members in US that would sign to help us get over

I will look through link you posted thank you so much do you all think it’s worth sending husbands and children’s I-130 in at same time ?

Thanks Corrine
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Old Jan 25th 2018, 10:16 am
  #6  
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Default Re: I-130 for Husband and Children

Originally Posted by Corrine82
... do you all think it’s worth sending husbands and children’s I-130 in at same time ?
Yes.

Rene
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