Hi All,

not sure if i am posting in the right forum, i will go ahead and ask these questions

A family member of mine is married to a Jamaican Citizen he is now a naturalized US Citizen, they have a 5 month old son together, my question is should he file 2 seperate 1-130 petitions (one for his wife one for the child? we contacted the US emabssy in Jamaica about it by email, we explained to them that we are going the CR1-IR1 route, i even asked about the consular report of birth for the child, i dont think they seem to know what that is, they replied to us saying that if the child isnt qualified for the consular report of birth (which we dont know if he is or not) the husband should file seperate 1-130 petitions, what do you think we should do? any info will be greatly appreciated

The Consular Report of Birth states the child was born in JA by b/c the child was born to a US Citizen parent the child is also a US Citizen. Was the child born in JA after the mom recv'd her cert of naturalization? If so then the son qualifies but if not then yes the mom would have to file two I-130's (son & husband).

Hi Nyseness, My cousin is the Mother of the child she is a Jamaican Citizen living in Jamaica the child was born here in Jamaica, her husband is A Jamaican Citizen he is now a Nautralized US Citizen, so the question is should he file 2 1-130's thanks

If the child has one parent that is a US Citizen then the child is a US Citizen, no visa needed. The birth needs to be registered at the Consulate, and a passport will be issued.

http://jamaica.usembassy.gov/public_services.html

That is correct if the child was after he got his naturalization.

Hello All thanks for your answers, i am still a bit confused i read on a site about consular report of birth ( The US CITIZEN PARENT MUST HAVE BEEN PHYSICALLY PRESENT IN THE UNITED STATES FOR A PERIOD OF OR PERIODS TOTALLING FIVE YEARS PRIOR TO THE BIRTH OF THE CHILD, AT LEAST TWO YEARS OF WHICH WERE AFTER THE US CITIZEN PARENT REACHEAD THE AGE OF 14 YEARS.) my cousins husband has been living in the US as a permanent resident for 17 years, he got natralized before the birth of his son, can he trasmit US Citizenship to his son? during these years he lived in the US, only came to Jamaica on visits

Hey

Yes his son is now a USC b/c ur cousins hubby was naturalized b4 his birth like the previous posts say..just tell ur cousin to go register the baby birth at the consulate in Jamaica that is the US consulate

Hi Kimmikashi, thanks for your info, my cousin's hubby spoke to someone at USCIS and they said he needs 2 1-130 petitions, so i guess the child didnt qualify for immediate citizenship, they already sent him the paper work.
thanks again for your reply

Be very careful w/ the USCIS line it is also known as the mis-information line. They reps are reading the screen like you and me. You should probably speak to an immigration lawyer before you submit the forms.

Nyseness ur sooo right..u should def check with a lawyer go to one where they give free consultations....so money that could be used for something not get wasted cause they don't give refunds..if i'm not mistaken HOT 102 radio station has a immigration hour at 12 noon listen and call in and ask...

Hi,

I'm a FILIPINA married to a Us citizen. I gave birth to our son on March 2007 here in the philippines. My husband became a US Citizen last July 2006. We applied for a Consular Report of Birth Abroad and a US passport for our son. No need to file a petition for the child. Hope this helps

that is the truth... I called USCIS last week to ask about a k-4 and was told to file form I-539....so not true

Hi Jengles, do you think my cousins hubbby needs 2 1-130 petitions he is not going the k3/k4 route they are going the CR1-CR2, they already sent him 2 sets of G325A's one for him one for his wife and 2 1-130 petition forms one for his wife one for his child.

Ok, has ur cousin check wit hthe consulate as yet ? that would be her best bet

Hi KimmiKashi, my cousin checked with the consulate, by email, she has been emailing them since the child was 2 months old he will be 6 months old soon, they forwarded her email to another department, because they said they wont be able to tell if the child is qualified for the consular report of birth or not, we tried calling no luck!!! a few weeks ago we resent the emal, they replied saying the father should file 2 1-130 petitions, so they decided that they will do just that. when the child gets to america he will be automatically be a US Citizen
thanks for your reply

No problem..always glad to help...did ur cousin go to the consulate ?
but if they r satisfied with that route then that's it

Kimmy

agreed, and its not like the infant is coming without his/her mother..its up to them if they want to push it and find out if the birth qualifies.

Ding ding ding Jengles...or else waste of money fi wah

Kimmy

talk truth...cause when my girl at USCIS started talking about form I-539 for the k-4 visa and i saw the $300 filing fee, I said to myself that nuh sound right..ah tall

mi a tell u..u affi do u research

Hi all, thanks so much for your info, i spoke to my cousin, her husband will be seeing an immigration lawyer soon about this issue, its really depressing, the embassy telling you one thing USCIS telling you another, will let you guys no what happens.

GOOD def keep us posted

Ok how about it is a simple as, submit ds-230 to JA embassy plus some other stuff, and the USCIS would have had me jumping thru hoops

hahaa..u see it