Advice needed please

[crys]

Hello, im new here, what a great site!

i just need a little advice or anyones stories if possible - i am a 28 year old mum of three and married. I have no qualifications that would be looked upon as neede din the states (i am a qualified domestic energy assessor and an office manager) and hubby is a part qualified accountant.

my mum was born in the states and moved ehre when she was 4. althuogh she is classed as a british citizen, she has an american passport and has kept her nationality and is still class ed as an alien here in the uk. all of ehr family from her fathers die still reside in the US, all three of my uncles are in the american force and my grandfather is a retired american army officer.

mum has just filed an i130 form for me and my family and we are waiting on the approval decline notice. what i really want to ask is if mum is an american national, can they really turn down my claim? and on what grounds. im trying to keep my feet firmly on the ground but am getting excited and i want to make sure im not getting my hopes up if i have basically no chance of getting in.

also want to ask, once/ or if i get i130 approval, what are the following:

rough times for visa processing from us emabassy (any stories on how long you waited)
can my family be turned down for visas at the visa meeting (and if so on what grounds?
when they are for a police check, is that a standard CRB check or something else?

Thanks for your help, i really appreciate it.

to give yu a little more info, if we do get accepted, we will be moving to either nevada (henderson or surrounding) or san diego.

[Danzaivar]

Originally Posted by crys

Hello, im new here, what a great site!

i just need a little advice or anyones stories if possible - i am a 28 year old mum of three and married. I have no qualifications that would be looked upon as neede din the states (i am a qualified domestic energy assessor and an office manager) and hubby is a part qualified accountant.

my mum was born in the states and moved ehre when she was 4. althuogh she is classed as a british citizen, she has an american passport and has kept her nationality and is still class ed as an alien here in the uk. all of ehr family from her fathers die still reside in the US, all three of my uncles are in the american force and my grandfather is a retired american army officer.

mum has just filed an i130 form for me and my family and we are waiting on the approval decline notice. what i really want to ask is if mum is an american national, can they really turn down my claim? and on what grounds. im trying to keep my feet firmly on the ground but am getting excited and i want to make sure im not getting my hopes up if i have basically no chance of getting in.

also want to ask, once/ or if i get i130 approval, what are the following:

rough times for visa processing from us emabassy (any stories on how long you waited)
can my family be turned down for visas at the visa meeting (and if so on what grounds?
when they are for a police check, is that a standard CRB check or something else?

Thanks for your help, i really appreciate it.

to give yu a little more info, if we do get accepted, we will be moving to either nevada (henderson or surrounding) or san diego.

I think I read somewhere that a parent can only pass on their citizenship to their children IF they (The parent) has lived in America for a certain amount of time, I think it's something like 5 years, of which 2 were over 18, or something like that. To stop people passing down Citizenship ad infiniti without actually living there.

I could be wrong, and all the best with trying to get in, but I thought i'd just chip in.

[crys]

i checked this out with the us embassy before parting with my money, mum does not have to have resided there and can process the application through the us embassy here in london. mum never gave up her us citizenship so is treated equally i was told.

[Bevdeforges]

I'm sure fatbrit will be along soon - and he's the one here who's really the most up to date with the requirements. In the meantime, a little clarification might help.

Is your mother resident in the UK or in the US? Things may have changed since I last looked into it, but I believe she has to be resident in the US in order to file an I130 on your behalf. (Fatbrit will know - it's still early morning where he is, so give him a couple hours to respond.)
Cheers,
Bev

[crys]

this is from the us embassy website:

Who is eligible?
Unmarried son/daughter (aged 21 or over) of a U.S. citizen; married son/daughter of a U.S citizen; brother/sister of a U.S. citizen; spouse and unmarried son or daughter of a Lawful Permanent Resident (LPR).



How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information.

i am also under the impression from us embassy she is able to file and has done so, this is not really what im asking, what im asking is what sort of grounds could they turn my petition down on? obviously i dont have automatic claim over residency, but has anyone been turned down for other reasons?

[Bevdeforges]

Originally Posted by crys

this is from the us embassy website:

Who is eligible?
Unmarried son/daughter (aged 21 or over) of a U.S. citizen; married son/daughter of a U.S citizen; brother/sister of a U.S. citizen; spouse and unmarried son or daughter of a Lawful Permanent Resident (LPR).



How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information.

i am also under the impression from us embassy she is able to file and has done so, this is not really what im asking, what im asking is what sort of grounds could they turn my petition down on? obviously i dont have automatic claim over residency, but has anyone been turned down for other reasons?

As I said, I last looked into this some years ago - and it's possible things have changed since then, or that I got bad advice at the time. If your mother is able to file for you, go for it!
Cheers,
Bev

[crys]

it has already been filed and from the us embassy website t looks like it should be adjudicated in approx two weeks time. i suppose im just wondering if the first stage is declined, do they have to give reasons for it being declined and really what those reasons are.

[Danzaivar]

Ignore my post earlier, turns out I misunderstood my source. What I read was for automatic Citizenship, not for applying for a Green Card. Sorry about that.

Best of luck!


(My source - Wikipedia...heh)

"Expeditious naturalization of children
Effective April 1, 1995, a child born outside the U.S. to a U.S. citizen parent, if not already a citizen by birth because the parent does not meet the residency requirement (see above), may qualify for expeditious naturalization based on the physical presence of the child's grandparent in the U.S. In general the grandparent should have spent 5 years in the U.S., 2 years of which after the age of 14.

The process of naturalization, including the oath of allegiance, must be completed before the child's 18th birthday. It is not necessary for the child to be admitted to the U.S. as a lawful permanent resident.[14]"

[crys]

yeah, i know what you mean, i basically read and read about visas and was under the impression for a very long time that i was not able to apply - until someone i know told me i could. i researched it and spoke to the us embassy and they said i could apply so we did. im trying to keep my feet firmly on the ground by trying to find out ways in which the first stage could be delined but am overtaken by excitement. hence the reason i am looking for personal experiences of anyone who has been declined and why. just so i keep keep my feet strapped to the ground!!!

[Fatbrit]

Originally Posted by crys

yeah, i know what you mean, i basically read and read about visas and was under the impression for a very long time that i was not able to apply - until someone i know told me i could. i researched it and spoke to the us embassy and they said i could apply so we did. im trying to keep my feet firmly on the ground by trying to find out ways in which the first stage could be delined but am overtaken by excitement. hence the reason i am looking for personal experiences of anyone who has been declined and why. just so i keep keep my feet strapped to the ground!!!

Okay -- another red herring question which reveals a deeper and more complicated, though not unsolvable, issue!

The answer to your question is that you can be denied for being a criminal, previous immigration infringements, on medical grounds, failing to show that you can support yourself without recourse to public funds, and whole host of weird and wonderful things such as being a member of the Communist party! But that's neither here nor there!

Your mother could indeed file an I-130 to sponsor you and your family as her married child in category F3 if she were resident in the US. This category is numerically limited and you join a line to wait for the visa. Those who joined the line a decade ago are just now being called for their visa So there are two flaws in your current plan: she needs to be US resident and there's a rather long long wait ahead.

You should investigate the following with an experienced US immigration attorney. Although your mother did not live long enough in the US to pass her citizenship directly to you, there may be a path to citizenship available through your maternal grandparents' links to the US. Having established a claim to citizenship, you can sponsor your husband and children.....and for these there is no waiting line.

Off topic and unrelated to your issue, your mother should naturalize as a UKC if she has lived there so long. She can hold both UK and US citizenships.