procedure for US Citizenship for my children and myself

[marilyn morena]

We just got married and we have both decided to start a new life in the STATES as soon as possible so even if I cant naturalize sooner it is okay as long as we are together in the U.S. and my children can attend school and get an education in the States.

The last three years of my husbands tax returns is an issue so can we get THE AFFIDAVIT from one of my husband's brothers because my husband was with me in the DR and I know he filed but he did not claim taxable income as he had a business here in the DR and declared he made less then the $92,000.00 .....I hope I am not complicating matters or even confusing myself but getting back to the question can the but affidavit of support be by someone else besides my husband. I think so..

 

[JLA1125]

We just got married and we have both decided to start a new life in the STATES as soon as possible so even if I cant naturalize sooner it is okay as long as we are together in the U.S. and my children can attend school and get an education in the States.

The last three years of my husbands tax returns is an issue so can we get THE AFFIDAVIT from one of my husband's brothers because my husband was with me in the DR and I know he filed but he did not claim taxable income as he had a business here in the DR and declared he made less then the $92,000.00 .....I hope I am not complicating matters or even confusing myself but getting back to the question can the but affidavit of support be by someone else besides my husband. I think so..

The I-864, Affidavit of Support, is part of the visa application process. The requirement is the sponsor must earn 125% of the federal poverty guidelines for a family of four (which is currently $24,250 x 125% = $30,312.50). If he doesn't earn that much he can always include the I-864 of a co-sponsor who does meet the requirement. The co-sponsor need only be a U.S. citizen or lawful permanent resident. He or she doesn't even need to be a family member.

 

[JLA1125]

you will be asked to show pictures of both of you together, from pregnancy till current stage of your relationship and pictures of kids growing up at various times in this relationship. .

For the acquisition of citizenship of the kids the relationship is irrelevant. He's a U.S. citizen who already had the required residence to transmit U.S. citizenship to his biological children. As long as he met the requirements of section 309 the current relationship between the biological parents is a moot issue. The question of the current relationship is only going to be an issue when she applies for her immigrant visa. And even then, when they see that she's already had two children with the U.S. citizen petitioner, that's pretty much going to satisfy them.

 

[Hillbilly]

Marilyn:
It seems to me that there are two issues here: (1) the issue of your children's citizenship (Dominican by birth but possibly eligible
for US citizenship by jus sanguine (?) through the father); (2) the issue of your visa, either B-i visitor or residence.

These two issues are completely separate. Your now-husband has been a US citizen for how long? This might be important as
pointed out by AZB. You have to investigate whether he meets the criteria of granting citizenship to his children.

As a note, grandparents can pass on citizenship if THEY meet the criteria...so maybe there is that possibility..although
you have not mentioned the grandparents.

Be patient, you do not really need a lawyer. At least not yet.

HB

Nobody should receive anything from a poster for providing assistance or information on these boards. My opinion.

 

[marilyn morena]

Yes, sorry I thought I outlined that there is two separate and distinct issues. My children are my priority and I will have my husband proceed with the process outlined in the link sent to me. If it goes through quickly then I can always be there (US) with them for an extended period under my B1 VISA UNTIL the petition for my residency is processed.

Which brings me to another question which is I heard that my B1 Visa will be cancelled if I am if the petition application is being processed.


Look at it from my perspective as far as my offer I do realize now I was previously asking the wrong people (local Dominican community Santo Domingo) WHO FOR THE past three months were less helpful than the last two hours on this site so you don't realize how much that means to me. By the way the repeated advise was to get an Attorney which I am glad to say I don't see a need for at least at this time......As a PERSON born and IN Santo Domingo n I for one think less of Attorneys here then I think the American ex-pat community does so at the risk of repeating myself THANKS TO ALL.........

 

[JLA1125]

Yes, sorry I thought I outlined that there is two separate and distinct issues. My children are my priority and I will have my husband proceed with the process outlined in the link sent to me. If it goes through quickly then I can always be there (US) with them for an extended period under my B1 VISA UNTIL the petition for my residency is processed.

Which brings me to another question which is I heard that my B1 Visa will be cancelled if I am if the petition application is being processed.

Yes, once you start the process of becoming an immigrant you are considered to be an "intending immigrant" and you would be inadmissible as a nonimmigrant tourist under section 212(a)(7)(A)(i)(I):

In general Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission?

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title, ...

During the visa application process you will most likely be separated from your spouse for several months. However, at least you will not run the risk of being deported, which will only make getting an immigrant visa that much more difficult.

 

[JLA1125]

another idea for you is to go to the us on your b1 visa, and after you have been there for 3 months, apply for a change of status.
http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter11-1.html

Not a good idea. From the link:

If the immigrant entered the U.S. with permission, such as with a visa (and with the intent to stay temporarily, not to misuse the visa by applying for a green card), he or she entered the country legally.

If she's using her B1/B2 visa simply to apply for adjustment of status, then she is "misusing the visa." That is why it is highly recommended that someone apply through the normal immigrant visa process whenever possible.

 

[bienamor]

Not a good idea. From the link:


If she's using her B1/B2 visa simply to apply for adjustment of status, then she is "misusing the visa." That is why it is highly recommended that someone apply through the normal immigrant visa process whenever possible.

Do not believe it applies as they are already married she is not entering to be married
from the above site,
IMPORTANT WARNING: An immigrant who used a temporary form of entry to the U.S. -- such as a tourist visa or a visa waiver -- while planning all along to get married, might face accusations of visa fraud upon applying to adjust status. Particularly if the immigrant knew the U.S. spouse before arriving in the United States and used a temporary visa to enter, USCIS is likely to be suspicious. At the interview where the green card would normally be approved, USCIS might raise question about whether the immigrant's real intention upon arrival was to apply for permanent residence after the marriage. Unless the immigrant entered on a fianc? visa, the discovery that this was the real intention will lead USCIS to demand filing an additional application requesting a waiver or forgiveness of visa fraud. Of course, if the couple met after the immigrant arrived in the United States, this will not be a problem. And even for other couples, uncertainties about their marriage plans as well as the length of time they waited to get married often satisfy USCIS that they didn’t misuse an entry visa.

 

[JLA1125]

Do not believe it applies as they are already married she is not entering to be married
from the above site,
IMPORTANT WARNING: An immigrant who used a temporary form of entry to the U.S. -- such as a tourist visa or a visa waiver -- while planning all along to get married, might face accusations of visa fraud upon applying to adjust status. Particularly if the immigrant knew the U.S. spouse before arriving in the United States and used a temporary visa to enter, USCIS is likely to be suspicious. At the interview where the green card would normally be approved, USCIS might raise question about whether the immigrant's real intention upon arrival was to apply for permanent residence after the marriage. Unless the immigrant entered on a fianc? visa, the discovery that this was the real intention will lead USCIS to demand filing an additional application requesting a waiver or forgiveness of visa fraud. Of course, if the couple met after the immigrant arrived in the United States, this will not be a problem. And even for other couples, uncertainties about their marriage plans as well as the length of time they waited to get married often satisfy USCIS that they didn’t misuse an entry visa.

If the U.S. spouse has already filed a Form I-130, Petition for Alien Relative, in her behalf, then yes, she is an intending immigrant. That's the whole idea behind the petition.

 

[AZB]

For the acquisition of citizenship of the kids the relationship is irrelevant. He's a U.S. citizen who already had the required residence to transmit U.S. citizenship to his biological children. As long as he met the requirements of section 309 the current relationship between the biological parents is a moot issue. The question of the current relationship is only going to be an issue when she applies for her immigrant visa. And even then, when they see that she's already had two children with the U.S. citizen petitioner, that's pretty much going to satisfy them.

this was not my experience. I am telling you from my own personal visit to the consulate/embassy. you will be asked to show pictures of the baby, from pregnancy till now with husband in some of the pictures. in fact, everyone in the group that day had to produce the pictures.
AZB
P.S the relationship is relevant to prove he is the dad and she is the mom. there is a ton of fraud going on in DR where they used to declare kids of relatives as their own. I was never asked to go through a DNA test. My pictures with them, the birth certificate with my last name as the baby's and other proof was enough . Not to mention the baby does look like my family. I was asked to carry the baby and show him along with my face.
so please go there prepared or you will be scheduled another appointment or even subjected to DNA testing.

 

[AZB]

For the acquisition of citizenship of the kids the relationship is irrelevant. He's a U.S. citizen who already had the required residence to transmit U.S. citizenship to his biological children. As long as he met the requirements of section 309 the current relationship between the biological parents is a moot issue. .

Not so easy, any US citizen has to live in USA for at least 5 years (with proof) to be eligible to transfer citizenship to his kids. I think you have be in a legal age to be qualified as 5 years residency and maybe as a citizen as well.
example: my kid is US citizen and lets say he never really lives in USA, ever. He may just visit there but never really establishes residency on Amerindian soil. when he is old enough and has a kid, he will not be eligible to pass USA citizenship to his kids. He has to live in USA for 5 yrs and able to prove his residency with evidence. this is a strict requirement. I know many americans in DR who have american kids yet none of the kids have actually lived in USA, except vacations.
AZB

 

[JLA1125]

Not so easy, any US citizen has to live in USA for at least 5 years (with proof) to be eligible to transfer citizenship to his kids. I think you have be in a legal age to be qualified as 5 years residency and maybe as a citizen as well.
example: my kid is US citizen and lets say he never really lives in USA, ever. He may just visit there but never really establishes residency on Amerindian soil. when he is old enough and has a kid, he will not be eligible to pass USA citizenship to his kids. He has to live in USA for 5 yrs and able to prove his residency with evidence. this is a strict requirement. I know many americans in DR who have american kids yet none of the kids have actually lived in USA, except vacations.
AZB

It has been well established for over one hundred years that any physical presence in the United States counts as residence towards the residency requirements of section 301(g) of the INA. [see Phelps v. Jackson, 79 Vt. 504 (1907)].

Section 301(g) of the INA clearly states that only two of the five years required physical presence must be after attaining the age of fourteen. So, in essence, if your kid comes to the U.S. for the first time before he turns 11 and doesn’t leave until right after his sixteenth birthday, then, yes, he would have the residence to pass on to any future biological children. He would have a total of five years of which two of those years were attained after reaching the age of fourteen. That’s all that section 301(g) requires:

“a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:”

Notice that it does not say anything about “residence.” It says “physical presence.” So, even any vacations to the United States would count as physical presence.

 

[JLA1125]

this was not my experience. I am telling you from my own personal visit to the consulate/embassy. you will be asked to show pictures of the baby, from pregnancy till now with husband in some of the pictures. in fact, everyone in the group that day had to produce the pictures.
AZB
P.S the relationship is relevant to prove he is the dad and she is the mom. there is a ton of fraud going on in DR where they used to declare kids of relatives as their own. I was never asked to go through a DNA test. My pictures with them, the birth certificate with my last name as the baby's and other proof was enough . Not to mention the baby does look like my family. I was asked to carry the baby and show him along with my face.
so please go there prepared or you will be scheduled another appointment or even subjected to DNA testing.

It's not unusual for DOS officials to request documents that aren't really necessary to the adjudication of the application. They rarely deal with experienced immigration attorneys in the U.S and since they operate outside of the U.S., they are not subject to the jurisdiction of federal courts. With USCIS it is much different. They deal with experienced immigration lawyers all the time and are constantly being taken to federal court over incorrect adjudications of immigration applications.

 

[AZB]

It's not unusual for DOS officials to request documents that aren't really necessary to the adjudication of the application. They rarely deal with experienced immigration attorneys in the U.S and since they operate outside of the U.S., they are not subject to the jurisdiction of federal courts. With USCIS it is much different. They deal with experienced immigration lawyers all the time and are constantly being taken to federal court over incorrect adjudications of immigration applications.

the whole idea is to avoid lawyers and federal court appearances. All I am trying to say is, follow the rules which the embassy staff imposes on you. The rules say you can use passport stamps to prove your residency in USA. I went through many passports stamps, trying to make sense of faded stamps, dates and locations to verify and put them in sequence to make sense of it all. it was a 4 day arduous work. when i went to the interview the embassy employee didn't accept my passport stamps and simply gave my passports back to me. told me it was his decision not to accept the stamps as proof of 5 yrs presence in USA. I had to show my college transcripts to get his approval.
I would not try to act like a lawyer at santo domingo embassy. Things could become really tough if you make someone unhappy there with your immigration knowledge.
AZB

 

[JLA1125]

the whole idea is to avoid lawyers and federal court appearances. All I am trying to say is, follow the rules which the embassy staff imposes on you. The rules say you can use passport stamps to prove your residency in USA. I went through many passports stamps, trying to make sense of faded stamps, dates and locations to verify and put them in sequence to make sense of it all. it was a 4 day arduous work. when i went to the interview the embassy employee didn't accept my passport stamps and simply gave my passports back to me. told me it was his decision not to accept the stamps as proof of 5 yrs presence in USA. I had to show my college transcripts to get his approval.
I would not try to act like a lawyer at santo domingo embassy. Things could become really tough if you make someone unhappy there with your immigration knowledge.
AZB

When you’re dealing with some DOS officers, sometimes you can’t avoid lawyers and federal court appearances. (As a retired USCIS officer, I can tell you that USCIS officers don’t hold DOS officers in very high esteem.) I've never said not to follow the embassy's own rules. I'm simply explaining what the law actually is. That's why I've always recommended that if you have a claim to citizenship, if there's any way possible, file a Form N-600 with the USCIS. In my career I learned the most about nationality law by reading federal judges' decisions explaining why they overturned my decision to deny a claim to citizenship. DOS officers don't have to go through federal judicial review. If they did they'd be singing a far different tune.