Ideas on how to petiton son born out of wedlock

[Mr&MrsCDO 6]

Hi everyone!

I might be asking this question too early but I just want to have an idea on my situation. As you can see on my timeline my CR-1 visa has just been approved and I have a 2 y.o. son born out of wedlock. My son is in the care of my parents and we have discussed that I'll leave my son with them for now. My husband & I are planning to petition my son maybe after 3 years. now my question is let's say all goes well with my ROC and after 3 yrs. I'll be naturalized. Will it be possible for my Son to acquire US citizenship by then too? Since I'm already a US citizen? My son will be 6 or 7 y.o. by then. Or I really have to go with filing IR-2?

On a side topic my son carries my maiden lastname and doesn't have a middlename on his BC, no father listed on it too. Is there a way for my son to carry my husband's lastname? Should we do the name change process while he's still in Philippines or we can do it once he'll be with us in US?

[payxibka 10,045]

Hi everyone!

I might be asking this question too early but I just want to have an idea on my situation. As you can see on my timeline my CR-1 visa has just been approved and I have a 2 y.o. son born out of wedlock. My son is in the care of my parents and we have discussed that I'll leave my son with them for now. My husband & I are planning to petition my son maybe after 3 years. now my question is let's say all goes well with my ROC and after 3 yrs. I'll be naturalized. Will it be possible for my Son to acquire US citizenship by then too? Since I'm already a US citizen? My son will be 6 or 7 y.o. by then. Or I really have to go with filing IR-2?

On a side topic my son carries my maiden lastname and doesn't have a middlename on his BC, no father listed on it too. Is there a way for my son to carry my husband's lastname? Should we do the name change process while he's still in Philippines or we can do it once he'll be with us in US?

For citizenship to pass to a child not present inside the USA, the parent must be a USC a time of birth. In your scenario, citizenship would not pass until he came to the USA as a resident. So you (or your USC husband) would still need to petition for him

[Mr&MrsCDO 6]

For citizenship to pass to a child not present inside the USA, the parent must be a USC a time of birth. In your scenario, citizenship would not pass until he came to the USA as a resident. So you (or your USC husband) would still need to petition for him

Thanks for the reply.

[Jojo92122 1,924]

Hi everyone!

I might be asking this question too early but I just want to have an idea on my situation. As you can see on my timeline my CR-1 visa has just been approved and I have a 2 y.o. son born out of wedlock. My son is in the care of my parents and we have discussed that I'll leave my son with them for now. My husband & I are planning to petition my son maybe after 3 years. now my question is let's say all goes well with my ROC and after 3 yrs. I'll be naturalized. Will it be possible for my Son to acquire US citizenship by then too? Since I'm already a US citizen? My son will be 6 or 7 y.o. by then. Or I really have to go with filing IR-2?

On a side topic my son carries my maiden lastname and doesn't have a middlename on his BC, no father listed on it too. Is there a way for my son to carry my husband's lastname? Should we do the name change process while he's still in Philippines or we can do it once he'll be with us in US?

Your US citizen husband can petition your son at any time as an Immediate Relative. It would take 6-12 months for your son to get a visa.

If you as an LPR petition for your son, it would take 3-4 years. Better to let your husband petition your son.

If you naturalize and your son is still in the Philippines, he cannot derive US citizenship from you. Your son must be admitted to the US as an immigrant in order to gain US citizenship. Once your son is admitted to the US as an immigrant, he would long gain US citizenship only if you are a US citizen or he is legally adopted by your US citizen husband.

[flamrboy 0]

Yep just let your husband do it.

[Deputy Purple 1,294]

First,

Once you naturalize if your son is present in the US as a LPR he will gain citizenship. He can come to the US either before or after you naturalize. If you want him here when you naturalize then have your husband petition for him when you file for ROC, then he'll arrive around the time you file to naturalize. If you don't mind him waiting a year after you naturalize then you can petition for him after you're naturalized.

For you son to carry your husband's last name just have your husband adopt him (step parent adoption) which would also give your son US Citizenship and your husband's last name.

[Mr&MrsCDO 6]

First,

Once you naturalize if your son is present in the US as a LPR he will gain citizenship. He can come to the US either before or after you naturalize. If you want him here when you naturalize then have your husband petition for him when you file for ROC, then he'll arrive around the time you file to naturalize. If you don't mind him waiting a year after you naturalize then you can petition for him after you're naturalized.

For you son to carry your husband's last name just have your husband adopt him (step parent adoption) which would also give your son US Citizenship and your husband's last name.

thanks for this input, It's all clear to me now and the step parent adoption would also be done in US, right?

[Mr&MrsCDO 6]

First,

Once you naturalize if your son is present in the US as a LPR he will gain citizenship. He can come to the US either before or after you naturalize. If you want him here when you naturalize then have your husband petition for him when you file for ROC, then he'll arrive around the time you file to naturalize. If you don't mind him waiting a year after you naturalize then you can petition for him after you're naturalized.

For you son to carry your husband's last name just have your husband adopt him (step parent adoption) which would also give your son US Citizenship and your husband's last name.

thanks for this input, It's all clear to me now and the step parent adoption would also be done in US, right?

[Mr&MrsCDO 6]

Thanks also Jojo92122. Edited July 19, 2011 by Mr&MrsCDO

[rheakin 0]

Hmm better let ur hubby petition for your son,in that case it wont take long..

[Deputy Purple 1,294]

thanks for this input, It's all clear to me now and the step parent adoption would also be done in US, right?

Yes, you need to check the requirements of the state where you live. For example in Illinois the child must be a resident of the state for 6 month before you can file for the step parent adoption.

[Mr&MrsCDO 6]

Yes, you need to check the requirements of the state where you live. For example in Illinois the child must be a resident of the state for 6 month before you can file for the step parent adoption.

I see.. Thanks a lot!