Help! About my 2kids

[FlorencePanting 2]

Hi visa journey!

How are all of you? 2 years have past and here i am again! The last time i was here is when i was in the philippines petitioning my wife.. And now she's here with her visa and green card and everything is going according to plan. Although we have one more problem to solve.. And that is about our kids.

I have 2 kids.. I have my eldest which is 7 years old and the other one is 3 years old. It breaks our hearts everyday when me and my wife are talking to them via facetime. We really need your help and it will change our lives forever.

Im a us born citizen but i lived most of my life in the philippines.. I really have no idea where to start petitoning my kids.. I already petitioned my wife and now its the kids turn... We want them here asap.. But the thing is i think we will still have alot to go through.. First off is with my domicile here in the US but although im pretty sure i have been here for at least 5 years total residency im not sure how to prove it other than having my old passports but thats it.

Secondly about my eldest son Dylan the 7 year old. He was born out of wedlock meaning he was born even before me and my wife got married. We have all the papers and pictures proving i was there all the time but im afraid we still have to go through DNA because of financial issues.

Third is financial issues.. That is the main reason why i am here its because i want to save money and not go through attorneys.. You guys are my last hope.. Please help us..

I need to know what do i need to do first and the step by step process of it all..

Thanks in advance

Florence A. Panting

[NigeriaorBust 4,087]

The first thing you need to do if figure out if you have enough time in the US to pass citizenship on to your children. http://www.uscis.gov/us-citizenship/citizenship-through-parents If you do it will be a matter of getting their US passports. If not you will need to file an I130 for them.

[apple21 953]

What about your school records?

For your eldest child, you may want to look into filing Legitimation for him since he was born out of wedlock. You can file for it at the Local Civil Registrar of the municipality where he was born. Although it is not a requirement for CRBA.

Based in what you wrote, you won't be needing an attorney. Good luck!

[FlorencePanting 2]

Yeah i have my old passports and i have all except for 1 because it was in our vault and it was stolen. So im missing just 1 passport. But i am confident that my residency here in the us is almost 5 years.. Only thing though is how can i prove i when 1 of my passport is missing?

Apple i have his birth certificate and i have my signature on it. I have pictures with him from his birth and when hes growing up.. Do we really need to DNA?

Edited July 28, 2015 by FlorencePanting

[FlorencePanting 2]

The first thing you need to do if figure out if you have enough time in the US to pass citizenship on to your children. http://www.uscis.gov/us-citizenship/citizenship-through-parents If you do it will be a matter of getting their US passports. If not you will need to file an I130 for them.

Yes i have read it! And im confident i am qualified so whats my next step? Thanks in advance!

[apple21 953]

DNA won't be required if your evidence of relationship is strong. If you can prove your presence in the Philippines at the time of conception, the better. Ultrasound photos and pre-natal check-up records are also helpful. Pictures of you and your wife together during the pregnancy and after etc...

DNA is the last resort so front load the evidence.

Edited July 28, 2015 by apple21

[FlorencePanting 2]

Omg thank you so much apple! So whats our next step? Do we proceed on filing the "N-600" form? Btw all our pictures and the childs records are all in the philippines.. Do we file it here in the US or ill get someone to file it for us in thr philippines?

Edited July 28, 2015 by FlorencePanting

[apple21 953]

http://manila.usembassy.gov/service/citizenship.html

[FlorencePanting 2]

Thanks for the great information apple! Im kinda getting a grasp of what we need.. But the only thing that bothers me is the one passport that was stolen.. Because it has my residency in the US.. Im afraid it wont complete my 5 year residency here without that.. What should i do?

[Jawaree 717]

If you were living in the US during that PP period you can use pay-stubs, church pastor letter (if U have one)

stating you were a member of his congregation that period, bank acct.you actively used then, utility bill ,sworn

statements (notorized) to account for your living in the US for that missing period

[newacct 688]

It needs to be 5 years in the US before the child's birth, including 2 years in the US after you turned 14 and before the child's birth. Do you meet the 2 years after age 14 condition?

Born out of wedlock is okay; in this case you would have to agree to some things before the child turns 18 in order for the child to be a citizen from birth. When you apply for the CRBA, they will give you some forms to sign which will satisfy those requirements.

You sould not apply for a Certificate of Citizenship with N-600. You should apply for a CRBA and a US passport. With a CRBA, there is no point to also have a Certificate of Citizenship.

[FlorencePanting 2]

It needs to be 5 years in the US before the child's birth, including 2 years in the US after you turned 14 and before the child's birth. Do you meet the 2 years after age 14 condition?

Born out of wedlock is okay; in this case you would have to agree to some things before the child turns 18 in order for the child to be a citizen from birth. When you apply for the CRBA, they will give you some forms to sign which will satisfy those requirements.

You sould not apply for a Certificate of Citizenship with N-600. You should apply for a CRBA and a US passport. With a CRBA, there is no point to also have a Certificate of Citizenship.

Thats the thing i have all my passports but one due to theft.. If i have that one passport im sure im qualified. So what do i do now?

In other case lets say i do not qualify due to lack of residency.. What do i do to get my kids asap?

Edited July 28, 2015 by FlorencePanting

[newacct 688]

Passports don't necessarily prove anything either, because US citizens are often not stamped when entering the US, and you could have had passports from other countries, etc. It's best if you have evidence that places you in the US at specific points in time, like appointments, school/work records, etc.

[apple21 953]

If the CRBA is denied then i130 is your other option.

There has been an instance where US Embassy Manila refused to issue an IR2 visa because the child has claim to US citizenship. They required the USC parent to file CRBA even if the parent already knew that she didn't meet the residency requirement. The US embassy just wanted to make sure that any claim to US citizenship be denied before issuing the immigrant visa.

The processing time for the i130 is more or less 1 year so better get the CRBA rolling.

[FlorencePanting 2]

The first thing you need to do if figure out if you have enough time in the US to pass citizenship on to your children. http://www.uscis.gov/us-citizenship/citizenship-through-parents If you do it will be a matter of getting their US passports. If not you will need to file an I130 for them.

Thats what im trying to figure out..

If the CRBA is denied then i130 is your other option.

There has been an instance where US Embassy Manila refused to issue an IR2 visa because the child has claim to US citizenship. They required the USC parent to file CRBA even if the parent already knew that she didn't meet the residency requirement. The US embassy just wanted to make sure that any claim to US citizenship be denied before issuing the immigrant visa.

The processing time for the i130 is more or less 1 year so better get the CRBA rolling.

Thanks alot!!! Yes ok ill update all of you what will happen next after i file the crba.. Btw do we file the crba here in the us? Or in manila us embassy?? Which is better?

Edited July 28, 2015 by FlorencePanting