how to bring my son !!

[Ayah BG 0]

Hello everyone,

I am a USC and I want to bring my 9 yrs old son to the Us.

The problem is that I live abroad with my son and am n't sure what I am supposed to do, and how should I apply since I have left the US when I was 2 yrs old and never went back!.... Can anyone plzzzzz help

THANKS

[Mellow 8]

Hello everyone,

I am a USC and I want to bring my 9 yrs old son to the Us.

The problem is that I live abroad with my son and am n't sure what I am supposed to do, and how should I apply since I have left the US when I was 2 yrs old and never went back!.... Can anyone plzzzzz help

THANKS

What about your parents ? Are they US citizens ? Do they live in the US ?

[aaron2020 11,651]

First, we need to determine if your child is a US citizen.

1. Are you a man or woman?

2. When your child was born, were you married?

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If your child is a US citizen, then you will need to register your child with the US Embassy and apply for a US passport. With the passport, your child can come live in the US.

If your child is not a US citizen, then you need to petition your child. You will need a Joint Sponsor who meets the 125% poverty line in order for your child to be eligible for a visa.

Edited June 20, 2013 by aaron2020

[Ayah BG 0]

What about your parents ? Are they US citizens ? Do they live in the US ?

Unfortunately,, they aren't

First, we need to determine if your child is a US citizen.

1. Are you a man or woman?

2. When your child was born, were you married?

-------

If your child is a US citizen, then you will need to register your child with the US Embassy and apply for a US passport. With the passport, your child can come live in the US.

If your child is not a US citizen, then you need to petition your child. You will need a Joint Sponsor who meets the 125% poverty line in order for your child to be eligible for a visa.

1- I am a woman,, But what difference does that make?

2- yes I was married to his father ( who is not USC)

[aaron2020 11,651]

Unfortunately,, they aren't

1- I am a woman,, But what difference does that make?

2- yes I was married to his father ( who is not USC)

1. It makes a difference because US laws treat mothers and fathers differently when it comes to passing US citizenship to their children.

2. US laws also treat chilren of married children differently from those with unwed parents.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

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Unfortunately, your child is not a US citizen. If you had been a single mother, your child would have automatically derived US citizenship from you. Because you were married at the time if birth, your child could not gain US citizenship from you.

[aaron2020 11,651]

To bring your son to the US, this is what you need to do.

File an I-130 for your son. It's an Immediate Relative case which will take a year to process.

You do not need to meet the 125% poverty line. You can file an I-864w for your son. The "w" stands for waiver - so waiver of the I-864 requirement.

You can file the I-864w because your child automatically gets US citizenship when he arrives into the US on an immigrant visa which gives him LPR status. Under the Child Citizenship Act, your child will automatically gets US citizenship so this is why you can file the I-864w.

Good luck. You are in a very good position. No need to meet the poverty line. No need to find a Joint Sponsor.

[Mellow 8]

1. It makes a difference because US laws treat mothers and fathers differently when it comes to passing US citizenship to their children.

2. US laws also treat chilren of married children differently from those with unwed parents.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

-------

Unfortunately, your child is not a US citizen. If you had been a single mother, your child would have automatically derived US citizenship from you. Because you were married at the time if birth, your child could not gain US citizenship from you.

The child cannot automatically acquire US citizenship for the simple reason that the U.S. citizen mother did not reside in the US prior to the child’s birth. That's why I was asking if the mother's parent/s are US citizens because if they were (and are residing in the US) the child might still be able to acquire US citizenship. As it is, the mother has to file a petition I-130 for the child.

[Boiler 43,430]

Do not forget Domicile.

[Ayah BG 0]

Thank you so much everyone.

I still have a question, What is the next step after my petition is approved?

I mean after filing the I-130, do I need to file other thing? or that's it? And after he enters the states what should I do to get the US Citizenship for him?

[aaron2020 11,651]

Thank you so much everyone.

I still have a question, What is the next step after my petition is approved?

I mean after filing the I-130, do I need to file other thing? or that's it? And after he enters the states what should I do to get the US Citizenship for him?

Read the Guides (button at the top of this page). Search this forum to educate yourself.

Your son will need many things after the I-130 is approved; DS-230, I-864w, medical exam, visa interview, father's notarized permission for him to immigrate, etc. Read the guides and the instructions for the form since every case is different.

To prove your son is a US citizen once he gets here, he can apply for a US passport or a certificate of US citizenship.

Edited June 21, 2013 by aaron2020