Child stayed 4 years without status - will the immigrant visa be denied?

[Vera Eckardt]

Hi,

My 7 year old son (born in Germany and only German citizen) overstayed his 90-day visitor visa by 4 years while living with me (only green card back then) in the U.S. from 2009-2013. I hold dual citizenship (naturalized in 2013) with the U.S. and Germany and so does my 1 year old baby. All 3 of us are now living in Germany since 12/2013.

I just got the I-130 approved by Frankfurt for my older son and now have the following questions with the immigrant visa procedure:

1. Will it be an issue that he stayed in the States for 4 years without a visa/green card even though he is only 7 years old?
2. The reason why he stayed so long without status is that my first citizenship application got denied in 2010 and I had to wait to reapply only in 2013, when it was granted. Should I explain this in detail in the online D-260 application or should I just state that he stayed 4 years since I am afraid that they will wonder why my citizenship got denied and therefore deny his immigrant visa application. How much detailed explanation should I give?
3. Will they ask my son direct questions at the interview or will they only ask me?
4. Since I am the petitioner, do I have to be the sponsor (I-864 form)? I own a property there but have no work income. I would need to get the home appraised I read, what are the complete steps for qualifying my home as sufficient income?
5. The father of the kids lives in the States (green card) and can be the sponsor instead. Since I will send all the documents now in March, will his 2013 taxes be sufficient or will they insist on the year 2014?

Thank You so much for Your answers. I really want to take care of all this the right way.

 

[Jackolantern]

Overstays of under-18 children will not count against them for the issuing of an immigrant visa (although it can be a problem for nonimmigrant visas or adjustment of status).

The reason why he stayed so long without status is that my first citizenship application got denied in 2010 and I had to wait to reapply only in 2013, when it was granted.

That's not a valid reason. Your citizenship status doesn't or lack thereof doesn't stop you from removing your child from the US (and accompanying him if necessary). Don't give an explanation for his overstay, just state the dates of overstay where asked.

He's a 7-year-old, so they'll ask you all the important questions.

Since you are the petitioner, you must file I-864 regardless of income or other sponsors, UNLESS the beneficiary is eligible for I-864W, in which case the I-864W would be filed instead. Your son is eligible for I-864W because he'll be immigrating as an under-18 child of a US citizen (you). See form I-864W for eligibility options.