Yoder

Hi

I filed the I-130s for my UK wifeand kids in Nov 2010 but now don't need the visa until Spring 2012 (moving to the US in summer 2012). Can I easily delay the visa by not returning the DS2001 until later in 2011?

Here is the story: I am a US citizen born in New York but resident in the UK (since age 3) for the last 38 years. I am married to a UK citizen for 16 years and we have two UK kids. I thought my new US job would be ready by summer 2011 and so sent the I-130s in Nov 2010. However the new US job was delayed, and we only want to move in the summertime so the kids can start their new schools at the right time. So now we want to move in summer 2012 (I will start the US job from the Uk, working by phone and email).

So the goal is to move to the US in June/July 2012. With a six month expiry date for the visa, this means we don't need the visa before Feb/Mar 2012, which might mean submitting the DS2001 in Nov/Dec 2011 (for a visa interview in Feb/Mar 2012).

I expect to get I-130 approval by Feb/Mar 2011 (I applied in Nov 2010). Should I send in the DS230 quickly, but delay the medical until Fall 2011 and delay the DS2001 until Nov/Dec 2011?


thanks for your help

Yoder

Noorah101

Since you live in the UK, did you file the I-130's to London? If so, it's a very quick process, only 5 months or so, with no NVC steps in the middle where you have a chance to drag things out.

You can probably drag things out via DCF, but I don't know at which step, or for how long. I believe an approved I-130 is valid for 1 year...if that helps.

Rene

meauxna

An approved I-130 is valid for at least one year with no action on it.
When you get the approval notice, you can contact the CONSULAR section, regarding the visa applications and tell them that you'll be applying later in the year.
(edit: the IVU normally contacts the petitioner with a prompt for action when the year is drawing close)

Pick up your case slightly earlier than the one year mark, and then gently apply the breaks throughout that process (detailed in the DCF wiki entry) and your timing should come out just fine.
Don't do medical exams or order police certificates until closer to interview time; they expire.

ian-mstm

There's two more things you're going to want to know... 1) the day your kids enter the US with their immigrant visas, they will immediately become US citizens as a matter of law - assuming they are both under age 18 at the time; and 2) when it comes time, you'll complete an I-864 for your wife and I-864Ws for the children... since they won't actually need sponsoring once they're in the US - because they'll be USCs!

Ian

Blimmer

Hi there, read this with interest as we are in a similar application process. Sorry to hijack the thread a little but I presume the children become USC's because the USC sponsoring is the father??? In our case it is the other way around (USC is my wife) so this would not be the case??? Hope you dont mind me asking the question here!!!

Blimmer

meauxna

I thought I posted about that in your thread...

You might want to post your family's details in their own thread so it doesn't get mixed up.

edit: meant to include this. The OP's children become citizens under this rule:

Automatic Acquisition of Citizenship

Under the Child Citizenship Act of 2000, biological and adopted children of U.S. Citizens who are born overseas can automatically acquire citizenship provided the following requirements are met:

1. One parent is a U.S. Citizen by birth or through naturalization; and
2. The child is under the age of 18; and
3. The child is residing in the United States as a lawful permanent resident alien (that is to say has entered the U.S. on an immigrant visa and has an alien resident card) and is in the legal and physical custody of the U.S. citizen parent

ian-mstm

You presume incorrectly. The children become USCs because one of the parents is already a USC.

Ian

Blimmer

Thank you for the clarification and apologies for jacking the thread

crg

That's pretty much true, but they have to be entering with the immigrant visa and then reside in the US in the custody of the USC parent. Dropping over to activate the visa and staying for a night or two at the Days Inn may not do the trick. I really need to reach out to some people and find out what criteria they are using to make that determination......

shaunos

On this note, as an adult, can I legally do this with no issues?

i.e. Can we (USC wife, and 2 kids) go over, activate, then can I leave again fairly shortly afterwards to deal with things in the UK?

Will I have an issue getting back into the US on my own?

Noorah101

Yes.

Yes.

You shouldn't, as long as your stay outside the USA is not longer than 6 months.

Rene

shaunos

Thanks, what's the 6 month rule about then? Does coming in a for a long weekend reset the "counter" if required.

I ask as I'm not sure what I'm going to do with my business yet, so may need to be in the UK on and off for periods of time, but want to get the kids settled into US school system.

Noorah101

If you anticipate being outside the USA for more than 1 year continuously, you should apply for a re-entry permit before leaving the USA.

It's best not to spend more than 6 months continuously outside the USA.

If you think you'll still be going back and forth for quite some time after entering on your Immigrant Visa, you'll want to make sure you take all precautions to avoid abandoning your PR status...including perhaps a consultation with an immigration attorney who is familiar with abandoning PR status.

Rene

ian-mstm

My understanding, although I freely admit to the possibility of not being 100% accurate, is that the child must enter the US in the physical and legal custody of the US citizen parent. I wasn't aware that residing immediately was any part of that deal... and why should it - after all, in that moment the child becomes a USC and can reside anywhere... including outside the US (well, passport considerations aside).

Ian

crg

I'm looking into this to see how it works. I don't think it's as simple as just making entry. However, if the kid is admitted as an LPR or adjusts, then goes to sleep in the US citizens parent's residence inside the US, they would likely wake up as a US citizen. As always, there are a lot of possible scenarios to consider.

I've heard of someone being denied the US passport or a renewal of the passport because they merely made an appearance in the US with the US parent. Perhaps it was because the US parent didn't actually have a place to reside in the US. They visited a cousin or something.

CIS lists one requirement as:

"The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent"

Residence is defined in the INA as a person's place of general abode without regard to intent.

That makes it seem like it is more involved than merely making an entry, and leaving. It sounds like the family needs a place of abode in order to trigger the benefit under CCA.

For some adoptions when the kid comes with an immigrant visa, CCA doesn't trigger until the state the person lives in finishes processing the adoption. So it takes more than entry for an IR4, or IR9.

I know of several cases where the US passport has been issued and then the DOS has balked when the person applied for the renewal because they decided the person never qualified for the first one.