joey_d

Yeah, that's a valid point. I sincerely hope it doesn't have to be a continuous 24 month period. Their information is a little vague on that.

I'll let you know what I find out, might be a little longer than we first thought

ian-mstm

Not likely... because there's an easy fix! You file an I-130 for your daughter, the same as you would for your wife. The day she enters the US with her immigrant visa, she will automatically and immediately - as a matter of law - become a US citizen. Easy peasy!

Ian

joey_d

Ian, you predate Pulaski by just a year! Congrats on the upcoming anniversary.

We have filled out the N-600 (partially) but we had a number of questions so booked an appointment at the US embassy in London in 2 weeks time.

I'm really hoping that we don't have to I-130/Immigration visa for her but we shall see.

I agree, we could have made it easier! We went to visit family after she was born and it just struck us....why don't we move here? So now my wife has her heart set on it, and we are excited about the fresh start - even if the Visa process will wear us out a bit.

joey_d

Ian, interesting...do you mean that once my wife has her immigration approval, and enters with our daughther....daughter becomes a US citizen (no need for second step post I-130) or am I reading that wrong?

ian-mstm

Almost correct! Your daughter also needs to have an immigrant visa. In that moment she would meet the 3 criteria for automatic US citizenship: 1) she enters the US in immigrant status; 2) she is in the legal and physical custody of a US citizen parent; and 3) she is under age 18. She becomes a USC the moment she is processed by the CBP officer. She has no other US immigration obligation from that point forward.

Your wife, on the other hand, will become a US permanent resident (read = green card) the moment she is processed by the CBP officer. She will have to wait 3 years before she can file to naturalize as a USC.

Oh... if you go this route, you'll complete an I-864 for your wife, but an I-864W for your daughter. The "W" is important!

Ian

Noorah101

If your daughter is not a USC already, then you need to submit an I-130 just like you did for your wife. Daughter will get an immigrant visa just like your wife. Upon entry to the USA, your wife will immediately become a US PR and your daughter will immediately become a USC.

Rene

joey_d

Okay great! Thanks, both- that gives me the reassurance that if she doesn't get the USC through me only being sporadically present then it's not as difficult as I was thinking.

in terms of the I-864 (Wife) and I-864W (Daughter), I assume these are just submitted once we receive back the I-130 approval/invitation for both & that they go off together

Noorah101

No, they go with them at the interview date.

Rene

Pulaski

That might seem to be intuitively obvious, but unfortunately that is not how it works. If you have income or realizable assets you can afford shelter, you get no credit for having shelter.

I see you have spent 24 months in the US after your 14th birthday. ..... I haven't seen anyone try to prove that based on multiple shorter visits, but maybe it will work.

Pulaski

Almost correct! She can actually file 90 days before the third anniversary of her arrival in the US.

joey_d

Thanks everyone, big help! I'll let you guys know what the outcome on baby's USC is.

Far too late on this side of the river to be reading department of homeland security websites, so I'm off! Have a good day

Rete

FWIW, if that is the case, when your daughter enters the US with an approved I-130, she will automatically become a USC based on your US Citizenship. She can get a US passport and should file the N-600 for the actual certificate to prove her citizenship.

See that Rene has already addressed this.

chris23

Just wanted to say to the OP, best of luck with everything.

Also, if you're entitled to it, as you've been married here a long while now, might be worth getting UK Citizenship before heading back as who knows what the future holds and if you had to move back I think you'd have to go through the UK immigration process again.

Just a thought.

Chris

joey_d

Hey Everyone,

Thought I would give a quick update, as you were all so helpful!

My daughter (7-month-old Naomi) got approved for her US Citizenship (reporting a birth abroad) as we were able to show the age of 14 I was present for 2 years (only just) in the US!!

So now that that's solved, just not at the stage of filling out the affidavit of support.

We are slightly confused about the best way to do this, as it looks as if the "sponsor" has to be domiciled in the US, which I am not - so getting some help with this tomorrow.

Does anyone have any advice on the I-864EZ with no US provable income? My business is online, so will essentially be the same regardless of where we are based, so this might be the tough part to show.

Thanks!

Joe

joey_d

Chris,

Yes I have a Settlement status (No time Limit) but am going to go ahead and finalise & do the life in the UK test etc. so that their will not be any issues in the future.

Thanks