US Citizen applying for daughter in foreign country?

Question

I am a US Citizen, I have a daughter in Mexico, from a previous marriage. I support her financially, but she has no documents to come to the States, She was born before I naturalized. Which forms do I need to fill in order to bring her to the United States? Does my ex-wife have to give up her rights to my daughter? I am planning to start all documentation/process starting in January. My ex wife agrees to let me apply for my daughter but she still wants her to live with her in Mexico. I appreciate the information you provide.

Answer 1

Well, she's not eligible for citizenship yet, Go AZ is wrong on that. however, she will be once she enters the US on an immigrant visa, if she's under 18 at the time she enters. so, she could use the immigrant visa to do that, apply for a US passport after she enters and then return. however, if she's 18 or older, she wouldn't be a citizen, she'd be a green card holder, so if she goes back home to live with Mom, that could be quite a problem as she would risk losing her status.



there's actually no absolute requirement for you to get Mom's permission. on the other hand, if she doesn't give it, how is your daughter going to even attend the interview? it will be much faster to get the visa after the interview if your daughter does have permission from the mother, because they will ask for it even though it isn't an actual requirement. of course if she is 18, there's little reason to ask Mom.



in any case, it will take up to a year from the time you file the petition before your daughter is interviewed in Ciudad Juarez. so, keep all that in mind as well. aside from the petition filing fee, there's also a $230 interview fee and your daughter will need an immigrant physical as well before she does the interview.

Answer 2

As a US citizen, you can petition the US government for your daughter's immigration. You do that from anywhere in the world by filing an I-130 petition with the USCIS. It costs $420 and takes about 5 months to be processed.



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



Thereafter the petition goes to the National Visa Center (NVC) in New Hampshire and they will contact you for the mandatory Affidavit of Support.



Since the US government needs to make sure that no foreigner becomes a public charge, every intending immigrant needs a sponsor. The form for this is I-864 and you'll need to make at least $18,912 after taxes, assuming you have no dependents, such as children, to qualify.



http://www.uscis.gov/files/form/i-864p.pdf



What they want to see is your latest US income tax return. If your income is not sufficient, you will need either a co-sponsor, or you can make up for it with assets at the rate of 1:3.



After that's been taken care of, the entire package goes to the US consulate in Ciudad Juarez, and they will ask for paperwork, a medical, police reports, and schedule an interview. If that goes well, your daughter will receive her immigrant visa and has thereafter up to 6 months to "activate" it. The moment she arrives at the U.S. border and is processed and formally "admitted" for immigration, she is a Green Card holder. She then needs to live "under your custody" which is the case when she wakes up the next morning in your house. About 2 weeks later her Green Card will arrive in the mail, and that's when you two go to the nearest U.S. passport office and apply for a US passport book and (as a backup) a US passport card for her. Only thereafter she can travel back to her mom as every US citizen is required to exit and to enter the United States with a US passport.



Now here's the problem with your particular case. In order for the US consulate to issue her an immigrant visa, you will need to produce the mother's consent that her daughter immigrates to the United States and lives with you. There is no way to make a special contract that you will send her back the moment she has become a US citizen. So your main deal will be to convince your ex wife that you just "need" your daughter for 2-1/2 to 3-1/2 weeks (if you go to a passport agency) or 5 to 6 weeks if you apply for the passports at a regular passport office. If mom doesn't trust your word and refuses to sign on the dotted line, you have a problem.

Answer 3

the united states won't concern the youngster a vacationer Visa because of the fact, by utilising regulation, the youngster is qualified to be a US citizen. At age 18 your daughter can flow to any US embassy or consulate and formally resign her US citizenship. She can't do this now, as a minor. At that factor she'll be eligible for a vacationer Visa.

Answer 4

You need to file I-130, I-864 and G-325A. If your name is not on her birth certificate a DNA test will almost certainly be required to establish paternity. If she's under the age of 21 it will take about a year and she will be eligible for US citizenship immediately upon entering the USA.



You ex will be required to give permission to remove the daughter from the USA.

Answer 5

@ Brother and Yak are correct.



But if you want a US Passport issued for the child (if she is under age 16), the consent form for the child (to travel) MUST include a notarized (and translated) statement from the mother for issuance of a US Passport for the child.



The child must be named, as well as her date and place of birth.



"I, xxxxxxxx, mother of xxxxxxxx xxxxxxxxxxxxx, born xx-xx-xxxx, in xxxxxxx. Mexico, give my consent to her father, xxxxx xxxxxxx, to obtain a US Passport for her.