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Born in the US but Lived in the Philippines my whole life

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  • Born in the US but Lived in the Philippines my whole life

    I (US Citizen Mother) was Born in the US (stayed 11 months), moved back to the Philippines, stayed here my entire life. I'm now married with 2 kids, and was hoping to claim them for US citizenship or Green card whichever is best.

    Tried Consular of Birth abroad / Derivative citizenship for my 1st child although got denied due to lack of Physical presence in the US prior to birth.
    *What I've learned from this is you need 1 year of living in the US to claim our 1st child and 5 years of living in the US for the 2nd child.

    Questions:

    1. Spoke to a someone briefly and it was mentioned that I should gain US Domicile first before I can claim them, is this the right path or is there a better way?
    2. Should I move back to the US, get a job and find a place first and then claim them?
    If yes, how many years should I live in the US before I can actually bring them to the US or claim them as US citizens/ get green cards for them?

  • #2
    1. There's no other way, but to gain a US Domicile.

    2. You must provide proof of sufficient physical presence or residence in the United States first. The documents that may establish your physical presence in the U.S. include school transcripts, income tax returns and W2s, old passports, a Military Statement of Service or DD-214 Separation Statement (military members only).

    And once you have enough proof, you can then file a Petition to bring them to the United States.

    Comment


    • Trinlr
      Trinlr commented
      Editing a comment
      Thanks for that Dexton. Much Appreciated!

      1. How many years do you think it would take for me to gain US Domicile?

      2. Regrettably, I didn't study in the US, no ITRs, W2, Old passports only show I've visited the US not stayed long enough nor a Military Statement of Service or DD-214.

  • #3
    Thanks for that Dexton. Much Appreciated!

    1. How many years do you think it would take for me to gain US Domicile?

    2. Regrettably, I didn't study in the US, no ITRs, W2, Old passports only show I've visited the US not stayed long enough nor a Military Statement of Service or DD-214.

    Comment


    • Dexton
      Dexton commented
      Editing a comment
      1. It could be a 2 years or more.

      2. You can have some of the documents (ITR, W2's) if you'll stay in the US for a year or even more which could also be used as your proof of domicile.

  • #4
    Originally posted by Dexton View Post
    1. It could be a 2 years or more.

    2. You can have some of the documents (ITR, W2's) if you'll stay in the US for a year or even more which could also be used as your proof of domicile.
    Thank you for that Dexton!

    If I do move back to the US for 2 years, would I be allowed to bring my kids along with me?

    Comment


    • Dexton
      Dexton commented
      Editing a comment
      No, if they don't have a US Passport or a Visa.

      Once you can provide proof of domicile after staying in the United States for at least 2 years or more, you can then apply for an Immigrant visa for your wife and kids.

  • #5
    With those 2 Years, am I allowed to visit my kids in the Philippines for 2 weeks and then back to the US?

    or to be able to establish US Domicile, I'll need to stay in the US for at least 2 straight years without traveling out of the US?

    Comment


    • #6
      Here is a really good article on Proof of Domicile either maintaining it or reclaiming it.
      Proof of Domicile in the United States requirements and methods as part of the Affidavit of Support for spouse and fiance visas.

      Comment

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