frank09

Hi All,
I have posted elsewhere and a quick update about me. I am a USC from birth (dad is a USC I was born in the UK and my borth was registered at the US embassy). I've been married to my UK citizen wife for 9 years. I have applied for a visa for my wife through the Embassy in London, submitted the I-130 2 weeks ago and last weeks receieved her Packet 3.

In the meantime I tried registering my kid's births at the Embassy but was told I need to show more proof of my time living in the US (I need to show 5 years) and I am struggling with getting the right paperwork within the timeframe I'm trying to ork in.

SO... My other option is to file I-130's for my kids. As I've been through this process with my wife I wanted to check a couple of things that is different for my children's application. Also, the embassy website is very clear about the process to get the visa for my wife but a lot harder to find out about kids. For example, the link for the I-130 checklist for children, is only found when looking through the "Spouse of a USC" links.. But I have found the I-130 for the kids

1) I saw a link on the US embassy website, that I cant for the life of me find now, that said that if I'm applying for the visa for the kids then I have to show that they arent eligible to be USCs. How do I prove this concretely? And if this is a requirement that they will reject the I-130 application what do i do?

2)I need to fill out an I-130 for each of the children. But on the checklist there's no mention of a G325A, so I take it there's no need for that, and therefore all I'd need to do is send the I-130 with the photocopies of proofs.

3) For the next step.. I would need to submit the DS230 for each of the kids. plus theyd each need medicals. BUT

4) From all the info that I've seen my kids would not need an I864 but rather the I864W, the waiver as they become USC upon entry to the US. However, there is no mention anywhere on the embassy website about submitting the I864W,, it only says this:

Who requires an I-864?
A person qualifying for immigration in the immediate relative category as a spouse, child, including orphans, or parent of a U.S. citizen;

taken from http://www.usembassy.org.uk/cons_new/visa/iv/i864.html

As they dont mention the I864W can I just turn up with the waiver? at the interview?

5) At the interview all the should need is their birth certs, no police certs (the oldest is 6!) the I864W and their photographs. Right?

6) I would like to be able to link their application and interview with my wives. How can I ask for that? Will an accompanying letter explaining it help?

7) I realise that each I-130 is independant but can I create al the kids' I-130 packages and mai them in the same envelope?

ian-mstm

The assumption is that they are not USCs. To that end, all you have to do is indicate that you didn't live in the US long enough to pass citizenship to the children. It's not something you need to prove... after all, if you could pass citizenship to them - you'd do it, right? They won't reject the I-130.


I believe this is correct.


Yes.


Yes.


Why would there be mention of it? It's not like the website is designed to cover all possibilities.


Yes.


Yes, I believe so.


The children won't be interviewed.


Yes.

Ian

frank09

Ian - The children have no interview? What are the stages after filing the I130? Take the kids for their medicals and then I post the DS230 and I864W to the embassy?

meauxna

http://britishexpats.com/forum/showp...12&postcount=8

frank, please review your last thread; I found the links for you previously.

frank09

Mea- I have checked through all the links but it mainly gives the info for sposes. For example, nowhere does it mention that children don'thave an interview as Ian says above. Also, it gives no mention of the I864W, although as Ian mentione above, it wont go through all eventualities. After having insufficient materials at my appointment registering the kids biths I really want to make sure I have got everything I need to avoid anything that can end with the applications being rejected

ian-mstm

What sort of relevant information do you think a 6 y/o would give an officer?


Really... you really need to take a deep breath and understand that with the exception of the I-864W, the paperwork/process is pretty much the same for the children as for your wife. In that respect, the links provided in a prior thread are entirely relevant. Stop trying to make this more difficult than it is. Right now, the children are *not* US citizens... stop trying to make the process fit your situation... it doesn't work that way.

Ian

meauxna

Well, Ian is wrong about this one, and if you read through each link, it says so. All of us make errors here, probably frequently. What we can do right is get you to the place you can confirm details; don't rely only on posts here.

http://www.usembassy.org.uk/dhs/uscis/i130filing.html
How do I file the petition?

Download and utilize the following checklists to file your I-130; they contain easy-to-follow detailed instructions.

* I-130 Petition for Alien Child [PDF, 2 pages]


http://london.usembassy.gov/cons_new...ivprocess.html
What do I do first?

The biographic data form DS-23O-I should be completed for each person applying for a visa, regardless of age

http://london.usembassy.gov/cons_new...interview.html
The Immigrant Visa Interview
Who is required to attend?

All applicants registered for immigration in the immediate relative category, including children, are required to visit the Embassy in person for a formal visa interview with a U.S. consular officer.

Persons under the age of fourteen who are deriving status from an immigrant visa petition filed on behalf of a parent and are applying for the visa at the same time as the parent need not attend the interview. However, they must attend the medical examination.
^^ Read that carefully, that is not your children's situation.



Documents Required for the Visa Interview
http://london.usembassy.gov/cons_new...v/docs169.html
Evidence of Support - Any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Note that the petitioner, in family based immigrant visa applications, and employment based immigrant visa applications where a family member has a significant ownership interest, is required to file a contractually binding Affidavit of Support, Form I-864.

The definition of "I-864" now includes all the various versions of I-864 including I-864, I-864EZ, I-864W, each one for a specific situation. You can find all of them at Green Card Based Forms

frank09

Thanks for the links mea..

Struggling with this paragraph:

Persons under the age of fourteen who are deriving status from an immigrant visa petition filed on behalf of a parent and are applying for the visa at the same time as the parent need not attend the interview. However, they must attend the medical examination.
^^ Read that carefully, that is not your children's situation.

What instance would that apply to?

Not that I'm looking for that instance but I can't see where that would happen.

For my applications, my hope is that I can get the kids application lonked with my wifes and tehrefore we could all attend the same interview at the same time where my wife can present her I-864s and I can present the I-864W's for the kids..

meauxna

I don't want to word the explanation incorrectly; maybe someone else who can do it right will fill it in.

Here is one example :
What If I Am the Beneficiary of the Petition?

If your U.S. citizen parent is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are a married son or daughter of any age, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your parent is filing for you.

If your U.S. citizen brother or sister is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your sibling is filing for you.

For the Immediate Relative category, everyone needs their own petition.
Your children are your Immediate Relatives and don't get derivative visas through their mother.


When you send the i-130s in for the kids, you can add a letter with your wife's case number. Based on how quickly your wife's I-130 got approved, you probably don't need to prod them much.

You can wait to start your wife's visa case until you get the kids' approval, or some other method to communicate to the Immigrant Visa Unit that all three cases go together. They're usually very understanding about seeing to it that you all interview together.

frank09

Do you think this might call for a phone call to the (mis)information line?

JAJ

No.

Have you thought of finding an immigration attorney?

frank09

About 20 minutes ago I started the google search... Will make some calls on Monday

BritishGuy36

I don't get it.

It's cheaper and easier if you can prove that they are USCs already. Why wouldn't you attempt to do that? I don't see how that would be more time consuming than all the I-130 paperwork.

frank09

I have been trying to do that for the past 2 weeks but have just been hitting dead ends. I am trying to find proof for 2 years. During those yrs I lived with my parents and had no bank account. I attended a college that has now closed down. My parents have destroyed any records/documents that I had throughout my time living in the states. I didnt finish a degree at the college but I have been trying to get hold of some of the staff who were there in order to get a transcript but have had no luck. The ony possibility I have at the moment is that one of the people who taught there is prepared to write a letter to verify I was there. However, I called the embassy (there was a number on the piece of paper that said I need to provide further proof) and was told that they need to see either W2's (I dint work) , bank statements (didnt have at the time) or school/college transcripts. I'm being offered a letter rather than a transcript.

As a family we are keen to move as soon as we can. From what it seems, if I get this letter from my professor and a couple of other letters it will not be enough proof (according to the person I spoke to at the embassy), and by the time I'm told that aniother month will have passed.

As we are keen to move as soon as we can I feel that althoug the I-130 paperwork and cost is immense, at least we have the chance of getting ourselves living in the US sooner.

henryh

You (probably) didn't speak to anyone at the embassy, but rather to a telephone line staffer in Scotland. They often have wrong answers. I would recommend trying the letters, particularly if they are on official letterhead. It's worth a shot.

Were you on your parents' health insurance? Can you get records from the insurance company? Be creative.