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S S
Dec 22, 2021
i130 petition - visa for kids
My wife is a US citizen who is currently in US and I am living abroad with our 2 kids (7 and 3 years old). At this time, she has filed an I130 petition only for me. Will USCIS allow to apply for a visa for my kids along with myself once my i130 petition is approved. Please share your experiences if anyone has been in similar situations
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Latoya cDec 22, 2021
no she will have to filed for those 2 separate omg why did she do that u will be here they won’t.
c
christine brownDec 22, 2021
she should have file for your children same time she filing for you.
Jah BlessDec 22, 2021
if the kids are 7 and 3, it’s easy for her to file citizenship for them directly from abroad and then green card for you!!!
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S SDec 22, 2021
@ken do you know the process how she can file for citizenship. thanks all for your inputs
Jah BlessDec 22, 2021
@satish, Yes since she’s a US CITIZEN any of her child under the age of 14 gets direct citizenship too, all she need do is get a Lawyer and it will be filed. my Uncle did the same and the son came here at age 8 with a Blue Passport
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S SDec 22, 2021
@ken thanks so much.
K WilsonDec 22, 2021
They can come with you under derivative if your US spouse fill their names on your I-130 form before filing it out
K WilsonDec 22, 2021
Good luck to you
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S SDec 22, 2021
@K Wilson thank you, yes she has done that. hopefully things go well for us.
Andy GodDec 22, 2021
A child of US citizen can get citizenship upon entry into the US, only if his/her parent became a citizen BEFORE the child was born. If the child was born AFTER the parent became a US citizen, the child can only become a green card holder and can be filed for as such. Just FYI
Jah BlessDec 22, 2021
@Andy RIGHT
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S SDec 22, 2021
@Andy I am good with that. my wife has been a US citizen before our kids were born. thanks for all the good words. this really helps while we wait here
Roman /Dec 22, 2021
@Satish why hasn't your wife filed for certificate of a birth abroad at the embassy? Your common kids become US citizens in the country you're in simply by applying for this certificate since one of their parents is a US citizen. No visas in such cases.
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S SDec 22, 2021
my wife has to leave for US earlier this year on an emergency and decided to bring us there after going there. we didn't plan this earlier so never went to apply for kids CRBA. also someone said she needs to show documents that she was in US for 5 years before our kids were born to her. she says she is not sure if she can as she has been staying with us here for the last 8 years and doesn't know what documents will fulfill this criteria.

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