Do I still need to file I-130 to my daughter? after I filed I-129F for the mother?

[Gabriel2001 0]

Do I still need to file I-130 to my daughter? after I filed I-129F for the mother?

I'm a US Citizen. I have a 10 years old daughter in the Philippines. Her mother (In the Philippines) and me got back together we never married. I filed recently I-129F for the mother and also filed a I-130F for my daughter on the same day. Somebody just told me that I dont have to file I-130F for daughter anymore. If not.. what should I do then.. What forms and requirements should I prepare? What are the steps for these.. Please help..

[sdw 10]

Your daughter will get derivative k2 from the I129F, however she will need her own I130 filed to adjust her status.

[sachinky 465]

She is your biological daughter? Then she will automatically have claims to being a USC based on you, her father.

[aaron2020 11,651]

She is your biological daughter? Then she will automatically have claims to being a USC based on you, her father.

Not true if he became a US citizen after his daughter's birth.

[redglasses 1]

A child born out of wedlock to a US father is entitled to US citizenship.

[aaron2020 11,651]

A child born to a US citizen is also a US citizen.

A child born to a person who later becomes a US citizen is not automatically a US citizen. In order for that child to claim US citizenship after a parent naturalizes, certain conditions must be met.

-------------------------------

The instructions for Form N-600, Application for Certificate of Citizenship

2. If you are the biological or adopted child of a U.S. citizen. you were born outside the United States. and you are claiming citizenship by action of law, you automatically become a U.S. citizen if:

A. You have at least one parent who is a U.S. citizen, whether by birth or naturalization; and

B. You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and

C. You have been lawfully admitted for permanent residence (NOTE: If you entered the United States as an adopted child, you must have been admitted as an IR-3 (child adopted outside the United States). If you entered as an IR-4 (child coming to the United States to be adopted). a final adoption must take place for this section of law to apply to you; and

D. You have not yet reached your 18th birthday; and

E. You are a biological child, you were legitimate, or you were legitimated while in the legal custody of your legitimating parent(s) prior to reaching your

16th birthday; or

F. You are a biological child born out of wedlock and you have not been legitimated and your mother naturalizes as a U.S. citizen.

NOTE: If you are now 18 years of age. but all of the above conditions applied to you before your 18th birthday and you were under the age of 18 on February 27. 200 I (the date the law took effect). you may file this form to obtain a Certificate of Citizenship.

[Gabriel2001 0]

I know that as soon as I get my daughter to the US from the Phils she become a US Citizen too since that she's a minor.. But my question is what are the steps so I can get my daughter to the US since I already filed I-129F (Petition to a Fiance ) for the mother of my daughter.

1. Do I file I-130 Petition to a Alien Relative for my 10yo daughter? ( I already included her name to the I-129F Petition to a Fiance. My biological daughter is the daughter of my fiance) I've been always including my daughters name in all of my Immigration papers.

2. Do I need to go to the Philippines and file something at the embassy there??

3. What are the forms do i need to fill up?? and fees to pay??

Thanks!

[aaron2020 11,651]

I know that as soon as I get my daughter to the US from the Phils she become a US Citizen too since that she's a minor.. But my question is what are the steps so I can get my daughter to the US since I already filed I-129F (Petition to a Fiance ) for the mother of my daughter.

1. Do I file I-130 Petition to a Alien Relative for my 10yo daughter? ( I already included her name to the I-129F Petition to a Fiance. My biological daughter is the daughter of my fiance) I've been always including my daughters name in all of my Immigration papers.

2. Do I need to go to the Philippines and file something at the embassy there??

3. What are the forms do i need to fill up?? and fees to pay??

Thanks!

1. Easiest thing to do is to file an I-130 for your daughter. Once she is admitted to the US as an immigrant, she automatically becomes a US citizen.

If you go the for the route where your daughter is coming to the US as part of the I-129 with your fiance, your daughter would be admitted to the US as a non-immigrant and you would need to adjust her status before she can make a claim of citizenship. Why waste time and money doing this. You have to pay for the non-immigrant visa and then pay again to adjust her status.

2. You file the I-130 with USCIS.

3. File Form I-130 ($355). After approval of the I-130, you will need to pay the AOS (Form I-864 - $70), IV application (Form DS-230 - $400), and medical exams.

My suggestion is to process your finacee as a I-129. File a I-130 for your daughter. Once both of them are here, you can get marry and adjust your wife's status.

[sachinky 465]

OP -- You're a USC, obviously - natural born or naturalized? If naturalized, was it after your daughter was born?

If it was before she was born (or you're a natural born USC), then logic tells me she is entitled to US citizenship.

Does she have the CRBA or a U.S. passport? If not, try and get her one ASAP. Use your passport copy, her BC and your wife's NOA1.

This will be easier and cheaper than filing separately for her.

If this is not possible at all, then file for a I130. She is your immediate relative, regardless.

Edited November 15, 2009 by sachinky

[Gabriel2001 0]

OP -- You're a USC, obviously - natural born or naturalized? If naturalized, was it after your daughter was born?

If it was before she was born (or you're a natural born USC), then logic tells me she is entitled to US citizenship.

Does she have the CRBA or a U.S. passport? If not, try and get her one ASAP. Use your passport copy, her BC and your wife's NOA1.

This will be easier and cheaper than filing separately for her.

If this is not possible at all, then file for a I130. She is your immediate relative, regardless.

I just got naturalized just recently. So my daughter does not have a US passport and never been to the US. . So I really need to file I-130F for her right regardless even if I included her on the I-129F (Petition to a Fiance) to petition her mother ( my fiance since were never married ) Thanks!

[sachinky 465]

If that is the case, then yes, go ahead and file I130 for her, ASAP.