Petition for children

[Haonie 0]

Just want to get your input/experiences. My brother has 2 children with his ex-girlfriend before he left Vietnam, one is 18 and other is over 21 years old now. I am trying to help him petition for his children come to the US. He is USC.

1. Can he petition for his children? If yes, is that I-130 form? if NOT...what I should do.

Please advises. Thanks much.

[JimVaPhuong 4,863]

Just want to get your input/experiences. My brother has 2 children with his ex-girlfriend before he left Vietnam, one is 18 and other is over 21 years old now. I am trying to help him petition for his children come to the US. He is USC.

1. Can he petition for his children? If yes, is that I-130 form? if NOT...what I should do.

Please advises. Thanks much.

Was he a US citizen when the children were born? If so then he shouldn't petition for them because they have a claim to US citizenship. He should help them file their claim by proving parentage, and they'll get a US passport. In addition to being a US citizen when the children were born, he must also have lived in the US for a total of not less than 5 years, and at least 2 years since he was 14 years old.

If he wasn't a US citizen at the time the children were born, then he needs to file an I-130 for each child.

If the 18 year old is unmarried then he/she is eligible for an IR2 visa. If married then he/she is eligible for a family 3rd preference visa.

If the 21 year old is unmarried then he/she is eligible for a family 1st preference visa. If married then he/she is eligible for a family 3rd preference visa.

[Haonie 0]

Was he a US citizen when the children were born? If so then he shouldn't petition for them because they have a claim to US citizenship. He should help them file their claim by proving parentage, and they'll get a US passport. In addition to being a US citizen when the children were born, he must also have lived in the US for a total of not less than 5 years, and at least 2 years since he was 14 years old.

If he wasn't a US citizen at the time the children were born, then he needs to file an I-130 for each child.

If the 18 year old is unmarried then he/she is eligible for an IR2 visa. If married then he/she is eligible for a family 3rd preference visa.

If the 21 year old is unmarried then he/she is eligible for a family 1st preference visa. If married then he/she is eligible for a family 3rd preference visa.

Thanks so much for fast reply, Jim.

He will do the Oath Ceremony tomorrow morning, so he will become a USC tomorrow. They're both unmarried. Daughter is 18, and Son is over 21.

Second question, I'd like to ask. He is now divorced and has 2 child. So if he petition for his children in Vietnam, for the Affidavit sponsor, is that count 4 ppl? he is currently paying child support every month.

[lindal24 1]

Just want to get your input/experiences. My brother has 2 children with his ex-girlfriend before he left Vietnam, one is 18 and other is over 21 years old now. I am trying to help him petition for his children come to the US. He is USC.

1. Can he petition for his children? If yes, is that I-130 form? if NOT...what I should do.

Please advises. Thanks much.

Since he will become a USC 9/3/10 he can petition for his 2 kids. Since the children were born out of wedlock, he will need to provide evidence of paternal relationship (my stepfather had to do a DNA test since my stepbrother’s birth certificate was only filed in 2004) such as name on birth certificate, school/shot records, etc. He will file need to separate I-130s for each child he wishes to petition.

This link is the visa bulletin for September 2010: http://www.travel.state.gov/visa/bulletin/bulletin_5113.html

Based on my understanding, it looks like they would fall under First preference in which case they are waiting about 5 years before a visa is issued.

Thanks so much for fast reply, Jim.

He will do the Oath Ceremony tomorrow morning, so he will become a USC tomorrow. They're both unmarried. Daughter is 18, and Son is over 21.

Second question, I'd like to ask. He is now divorced and has 2 child. So if he petition for his children in Vietnam, for the Affidavit sponsor, is that count 4 ppl? he is currently paying child support every month.

Regarding your second question, it looks like he would have to make enough to meet the 5 household requirement.

This is the excerpt from the I-864 form:

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).