Jump to content
taj'samericanwife

bringing my son to the U.S. he was not able to claim citizenship even though his mother is a USC

 Share

8 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

hi everyone. i hope i can get answers in posting my situation here...i Have a son...i am the mother and a natural born

american citizen...i was born in the united states...i did not grow up in the US...i grew in the philippines. my mom was

working in new york when she had me but decided to live in the philippines when i was still an infant.

i never gave up my american citizenship and i never got filipino citizenship. so basically i was an american growing up

in the philippines. i only spent vacations, holidays and summers in america while i was growing up.

i am married to a pakistani...we met in the philippines ( he is on a student visa). i gave birth to our son last 2007 in the

philippines. i tried to get CRBA and a US passport for him because i am am american citizen and I am his biological

mother. but the consular in the us embassy in manila, philippines said my son can not claim his us citizenship because i

have not been present in the united states for 5 years prior to his birth...she adviced that i should petition my son if he

wanted to come to the united states with me, meaning he should get a filipino/pakistani passport for his immigrant visa.

well, my family and i decided for me to come to america first and establish domicile here. so i left my husband and son

back in the philippines. i got a job and i have been away and living here for 7 months now. and i want to petition my

husband and son.

i know that i have to file separate I 130's for each, one for my son and one for my husband...the thing that worried me

the most is that my son's will probably take only a couple of months and his visa will be ready much earlier than his

fathers...after all my son is only a child...and i researched that it would not even take more than 5 months for my son

to get his immigrant visa. and when he does get his immigrant visa, and enters the US it will not be very hard to get his

citizenship because he will be in my custody (USC parent custody). of course i want my family here but i am working...i

work at hospitals and if my son's visa comes earlier than his fathers...how can i take care of him (a 1 year old) alone

and go to work. i wanted my husband to come first and maybe after 3 months my son...so i will see if my husband can

get a job here too and so we can manage out finances before my son comes...of course we want a place well establish

for my son when he enters the U.s.

I am assembling our package and i have most documents with me already. but i am torn about whether i should

already do my son's with my husbands I 130...im sure my husbands will be a longer journey because he might run into

some A.P. (administrative processing) and i dont want him to be left behind. i tried asking some immigration lawyers

but they did not give me an good answer...most of them just commercializing for me to hire their law firm...

i asked that if my send both I 130s at the same time...would my son's affect his fathers by maybe speeding up the

process? or what if i send my husbands now and my son's 2 -3 months later so their visa will be issued together?

please help and advice....i know its a little personal but i want to hear your opinions...

also have a couple of questions regarding filing out the I 130...if i decide to do my husbands and son's I 130 and send together..one for each...in the last question...

1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

(for example this is my husbands I 130)... Name of son...(my son/child)?????

2. Have you ever before filed a petition for this or any other alien? YES (obviously my son)

If "Yes," give name, place and date of filing and result........

Son's name, (place)--don't know yet because im still sending the initial I 130's for each, both of their I 130's going together...(date...the date when i signed their I 130;s??)

please help! greatly appreciated

June 2004...i sat down on the bench to tie my shoelaces (literally) not knowing i would marry the man i just sat down next to...

Oct. 18, 2007...Married

Oct. 27, 2007...my beautiful son is born

USCIS IR-1/CR-1 Visa Journey

Service Center : Vermont Service Center

Consulate: Manila, Philippines

Feb. 05, 2009: I 130 sent

Feb. 12, 2009: NAO1

Feb. 17, 2009: first touch

Feb. 18, 2009: Touch

May 01, 2009: Touch and NAO2 mailed...yeah hey!

May 08, 2009: NAO2 in the mail

NVC Journey

May 15, 2009: NVC case number

May 18, 2009: Gave email add to NVC

May 28, 2009: Received DS 3032 / I-864 Bill

June 1, 2009: Paid I-864 Bill

June 5, 2009: sent AOS stuff

June 29, 2009: sent DS 230

June 28 - Aug. 8: i spent time with my boys in the philippines

IN A BIG HUGE BLUR...OUR CASE WAS COMPLETED AUGUST 5, 2009 (AFTER RFE: HUSBAND'S ORIGINAL BIRTH CERTIFICATE) AND MY HUSBANDS INTERVIEW WILL BE SEPTEMBER 25, 2009...WE HOPE AND PRAY WE GET IT!

CURRENTLY DOING: PREPARING DOCUMENTS FOR MY SON'S PETITION!

...I am one day further from the last time I saw you but I am one day closer to the next time I will...

Link to comment
Share on other sites

Filed: Country: Philippines
Timeline
hi everyone. i hope i can get answers in posting my situation here...i Have a son...i am the mother and a natural born

american citizen...i was born in the united states...i did not grow up in the US...i grew in the philippines. my mom was

working in new york when she had me but decided to live in the philippines when i was still an infant.

i never gave up my american citizenship and i never got filipino citizenship. so basically i was an american growing up

in the philippines. i only spent vacations, holidays and summers in america while i was growing up.

i am married to a pakistani...we met in the philippines ( he is on a student visa). i gave birth to our son last 2007 in the

philippines. i tried to get CRBA and a US passport for him because i am am american citizen and I am his biological

mother. but the consular in the us embassy in manila, philippines said my son can not claim his us citizenship because i

have not been present in the united states for 5 years prior to his birth...she adviced that i should petition my son if he

wanted to come to the united states with me, meaning he should get a filipino/pakistani passport for his immigrant visa.

well, my family and i decided for me to come to america first and establish domicile here. so i left my husband and son

back in the philippines. i got a job and i have been away and living here for 7 months now. and i want to petition my

husband and son.

i know that i have to file separate I 130's for each, one for my son and one for my husband...the thing that worried me

the most is that my son's will probably take only a couple of months and his visa will be ready much earlier than his

fathers...after all my son is only a child...and i researched that it would not even take more than 5 months for my son

to get his immigrant visa. and when he does get his immigrant visa, and enters the US it will not be very hard to get his

citizenship because he will be in my custody (USC parent custody). of course i want my family here but i am working...i

work at hospitals and if my son's visa comes earlier than his fathers...how can i take care of him (a 1 year old) alone

and go to work. i wanted my husband to come first and maybe after 3 months my son...so i will see if my husband can

get a job here too and so we can manage out finances before my son comes...of course we want a place well establish

for my son when he enters the U.s.

I am assembling our package and i have most documents with me already. but i am torn about whether i should

already do my son's with my husbands I 130...im sure my husbands will be a longer journey because he might run into

some A.P. (administrative processing) and i dont want him to be left behind. i tried asking some immigration lawyers

but they did not give me an good answer...most of them just commercializing for me to hire their law firm...

i asked that if my send both I 130s at the same time...would my son's affect his fathers by maybe speeding up the

process? or what if i send my husbands now and my son's 2 -3 months later so their visa will be issued together?

please help and advice....i know its a little personal but i want to hear your opinions...

also have a couple of questions regarding filing out the I 130...if i decide to do my husbands and son's I 130 and send together..one for each...in the last question...

1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

(for example this is my husbands I 130)... Name of son...(my son/child)?????

2. Have you ever before filed a petition for this or any other alien? YES (obviously my son)

If "Yes," give name, place and date of filing and result........

Son's name, (place)--don't know yet because im still sending the initial I 130's for each, both of their I 130's going together...(date...the date when i signed their I 130;s??)

please help! greatly appreciated

others can correct me if i'm wrong... i think you only file one I=130 for your husband because your son also gets included with your husband's petition as a derivative beneficiary... that way, there's a likelihood that both their cases will be processed and approved together...

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ghana
Timeline
others can correct me if i'm wrong... i think you only file one I=130 for your husband because your son also gets included with your husband's petition as a derivative beneficiary... that way, there's a likelihood that both their cases will be processed and approved together...

Separate I-130s have to be filled for each beneficiary.

Mama to 2 beautiful boys (August 2011 and January 2015)

Click for full timeline

Link to comment
Share on other sites

Filed: Country: Philippines
Timeline
others can correct me if i'm wrong... i think you only file one I=130 for your husband because your son also gets included with your husband's petition as a derivative beneficiary... that way, there's a likelihood that both their cases will be processed and approved together...

Separate I-130s have to be filled for each beneficiary.

oh ok i thought it's only one I-130 coz the son is her husband's son too....

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

i called NVC and i called USCIS and they both said it has to be separate I 130's and if i send both together they are treated as separate petitions but processed together....now my other question is, if i send my husbands first then my sons later...what is the impact of that? like i said i dont want my sons visa to be issued way earlier than my husbands...

June 2004...i sat down on the bench to tie my shoelaces (literally) not knowing i would marry the man i just sat down next to...

Oct. 18, 2007...Married

Oct. 27, 2007...my beautiful son is born

USCIS IR-1/CR-1 Visa Journey

Service Center : Vermont Service Center

Consulate: Manila, Philippines

Feb. 05, 2009: I 130 sent

Feb. 12, 2009: NAO1

Feb. 17, 2009: first touch

Feb. 18, 2009: Touch

May 01, 2009: Touch and NAO2 mailed...yeah hey!

May 08, 2009: NAO2 in the mail

NVC Journey

May 15, 2009: NVC case number

May 18, 2009: Gave email add to NVC

May 28, 2009: Received DS 3032 / I-864 Bill

June 1, 2009: Paid I-864 Bill

June 5, 2009: sent AOS stuff

June 29, 2009: sent DS 230

June 28 - Aug. 8: i spent time with my boys in the philippines

IN A BIG HUGE BLUR...OUR CASE WAS COMPLETED AUGUST 5, 2009 (AFTER RFE: HUSBAND'S ORIGINAL BIRTH CERTIFICATE) AND MY HUSBANDS INTERVIEW WILL BE SEPTEMBER 25, 2009...WE HOPE AND PRAY WE GET IT!

CURRENTLY DOING: PREPARING DOCUMENTS FOR MY SON'S PETITION!

...I am one day further from the last time I saw you but I am one day closer to the next time I will...

Link to comment
Share on other sites

i called NVC and i called USCIS and they both said it has to be separate I 130's and if i send both together they are treated as separate petitions but processed together....now my other question is, if i send my husbands first then my sons later...what is the impact of that? like i said i dont want my sons visa to be issued way earlier than my husbands...

I see you keep posting this question over and over on the various forums. Obviously you are not getting the answer you want to hear.

Really if you want to want to send the petitions in seperately just go ahead and do it. Everybody's situation is different. You are the one that has the best idea of what you think will work for you.

Link to comment
Share on other sites

Filed: K-3 Visa Country: Philippines
Timeline

where did you get married? the interview will be held in the country you where married. I'm not sure if there would be any less A.P. if interviewed in the philippines...just a thought

2008-03-03 : I-130 Sent

2008-03-03 : I-130 NOA1

2008-05-08 : Touched

2008-10-16 : Touched

2008-10-20 : Touched and Approved (NOA2)

2008-03-27 : I-129F Sent

2008-03-31 : I-129F NOA1

2008-04-24 : Touched

2008-10-03 : Touched

2008-10-05 : Touched

2008-10-06 : Touched

2008-10-20 : Touched and Approved (NOA2)

2008-10-22 : NVC Receive

2008-10-24 : NVC Left

2008-10-30 : USEM Receive

2008-11-10 : Wife's Medical - PASSED

2008-12-01 : Son's Medical - PASSED

2008-12-19 : USEM Interview - PASSED

2009-01-14 : VISA RECEIVED

2009-01-25 : US Entry (JFK)

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
i called NVC and i called USCIS and they both said it has to be separate I 130's and if i send both together they are treated as separate petitions but processed together....now my other question is, if i send my husbands first then my sons later...what is the impact of that? like i said i dont want my sons visa to be issued way earlier than my husbands...

I see you keep posting this question over and over on the various forums. Obviously you are not getting the answer you want to hear.

Really if you want to want to send the petitions in seperately just go ahead and do it. Everybody's situation is different. You are the one that has the best idea of what you think will work for you.

geezer...i was just answering angel eyes...

and so everyone can stop answering that question already

June 2004...i sat down on the bench to tie my shoelaces (literally) not knowing i would marry the man i just sat down next to...

Oct. 18, 2007...Married

Oct. 27, 2007...my beautiful son is born

USCIS IR-1/CR-1 Visa Journey

Service Center : Vermont Service Center

Consulate: Manila, Philippines

Feb. 05, 2009: I 130 sent

Feb. 12, 2009: NAO1

Feb. 17, 2009: first touch

Feb. 18, 2009: Touch

May 01, 2009: Touch and NAO2 mailed...yeah hey!

May 08, 2009: NAO2 in the mail

NVC Journey

May 15, 2009: NVC case number

May 18, 2009: Gave email add to NVC

May 28, 2009: Received DS 3032 / I-864 Bill

June 1, 2009: Paid I-864 Bill

June 5, 2009: sent AOS stuff

June 29, 2009: sent DS 230

June 28 - Aug. 8: i spent time with my boys in the philippines

IN A BIG HUGE BLUR...OUR CASE WAS COMPLETED AUGUST 5, 2009 (AFTER RFE: HUSBAND'S ORIGINAL BIRTH CERTIFICATE) AND MY HUSBANDS INTERVIEW WILL BE SEPTEMBER 25, 2009...WE HOPE AND PRAY WE GET IT!

CURRENTLY DOING: PREPARING DOCUMENTS FOR MY SON'S PETITION!

...I am one day further from the last time I saw you but I am one day closer to the next time I will...

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...