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BrowneyedBeauty

Should my US Citizen husband file a separate I-130 Form for my 7-month old daughter?

By BrowneyedBeauty in Bringing Family Members of US Citizens to America

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BrowneyedBeauty Apprentice

BrowneyedBeauty   0

Posted
Filed: Other Country: Philippines
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Posted

I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

----VISA JOURNEY ENDS----

It is great to love, but also guard your heart...

As I started to picture the trees in the storm, the answer began to dawn on me. The trees in the storm don't try to stand up straight and tall and erect. They allow themselves to bend and be blown with the wind. They understand the power of letting go. Those trees and those branches that try too hard to stand up strong and straight are the ones that break. Now is not the time for you to be strong, Julia, or you, too, will break.

-- Julia Butterfly Hill

sdw Proficient

sdw   10

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

What visa are you going for?

K3 that derivatives CR1/IR1's do not.

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

BrowneyedBeauty Apprentice

BrowneyedBeauty   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted
I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

What visa are you going for?

K3 that derivatives CR1/IR1's do not.

We are going for a CR-1 visa and I think they might assign this since our marriage is less than 2 years.

----VISA JOURNEY ENDS----

It is great to love, but also guard your heart...

As I started to picture the trees in the storm, the answer began to dawn on me. The trees in the storm don't try to stand up straight and tall and erect. They allow themselves to bend and be blown with the wind. They understand the power of letting go. Those trees and those branches that try too hard to stand up strong and straight are the ones that break. Now is not the time for you to be strong, Julia, or you, too, will break.

-- Julia Butterfly Hill

Jamaican JNR Rising Star

Jamaican JNR   2

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted
I am married to a US Citizen and he has filed for an I-130 already and we have received NOA1 already.

I have a 7-month old daughter (not his biological daughter) and he also wants to include her in the petition.

Here are my questions:

1. Should he file for a separate I-130 form for her??!

2. Will there be another filing fee for this?

3. Is there anyway my daughter's petiton can be attached to mine?

4.Can we work on her papers, if she won't be going with me immediately?

Please help me...Thank you in advance!

What visa are you going for?

K3 that derivatives CR1/IR1's do not.

We are going for a CR-1 visa and I think they might assign this since our marriage is less than 2 years.

You will have to do separate filing. Start the process now. How far ahead is your case? Even when you receive your visa, you will have up to 6 months to travel to the US; hopefully your 7 month old case will complete before then.

JNR

sdw Proficient

sdw   10

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Your husband will have to fill a separate I130 for your baby. All the fees that have to be paid for you, need to be paid for your baby as well.

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

BrowneyedBeauty Apprentice

BrowneyedBeauty   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

Guys,

Thanks for all your help :)

----VISA JOURNEY ENDS----

It is great to love, but also guard your heart...

As I started to picture the trees in the storm, the answer began to dawn on me. The trees in the storm don't try to stand up straight and tall and erect. They allow themselves to bend and be blown with the wind. They understand the power of letting go. Those trees and those branches that try too hard to stand up strong and straight are the ones that break. Now is not the time for you to be strong, Julia, or you, too, will break.

-- Julia Butterfly Hill

BrowneyedBeauty Apprentice

BrowneyedBeauty   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

I would like to thank everyone once again for their replies. I happen to have posted this topic twice and have received an answer as well. Please read his reply especially the last paragraph of his answer and let me know what you think.

Are we really going to have problems with my daughter's visa application? Is the permission necessary even if I did not acknowledge the biological father of my daughter?

I have included my reply in his post as well.

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

REPLY TO MY POST

1. Yes. He needs to file a separate I-130 for her. Listing her on the I-130 for you was only for informational purposes. Yours is an Immediate Relative case. Derivative beneficiaries are not allowed in Immediate Relative cases. Only the beneficiary, you, would be eligible for a visa.

2. Yes. Separate case = separate fee.

3. No. Separate cases. However, you can ask the embassy to schedule the interview at the same time if they have both cases there.

4. Yes.

You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US.

MY REPLY:

Thanks for your answers.

I would just like to clear out anyway that I was a single mom before I married my husband. I was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate. <b>Is the permission from the biological father still necessary in this case?</b>

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

----VISA JOURNEY ENDS----

It is great to love, but also guard your heart...

As I started to picture the trees in the storm, the answer began to dawn on me. The trees in the storm don't try to stand up straight and tall and erect. They allow themselves to bend and be blown with the wind. They understand the power of letting go. Those trees and those branches that try too hard to stand up strong and straight are the ones that break. Now is not the time for you to be strong, Julia, or you, too, will break.

-- Julia Butterfly Hill

sdw Proficient

sdw   10

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

I needed a notorized letter from my kids father.

Not sure how it works if he's not on the birth certificate.

Edited by sdw

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

 
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