the petitioner in jail

[lia02 0]

Hello it's my first time posting I hope someone can give me advice for my son visa. the petitioner is my ex husband and his been in jail for 1 year. and he can't send the affidavit of support for the NVC I really want to bring my son here in usa I'm sick and tired of waiting thank you God bless...

[JFH 12,190]

Is he the child's genetic father? 

 

*~*~*moved from "CR-1/IR-1 spouse visas" to "bringing family members of USCs" as the beneficiary is not a spouse*~*~*

Edited May 14, 2017 by JFH

[lia02 0]

nope his not.

[Auds 223]

Are you a green card holder?  How old is your son?

[lia02 0]

Yes I am a 10 years green card holder. My son is 9 years old and he still in the Philippines.

 

[JFH 12,190]

So there is no legal or biological relationship between the petitioner and the beneficiary? He's not the genetic father and no longer married to the mother ?

[aleful 1,905]

if he is only the stepfather and you are divorced, as you mentioned ex husband

 

he can't file for him anyway, he can only file for him if you were still married

 

why haven't you filed for him?

 

 

[nightingalejules 678]

Are you eligible to apply for citizenship? (If you have been in the US for 5 years, you are) It's probably easier, faster and cheaper to get your citizenship, at which point your son can automatically become a citizen through you.

If not, file an I-130 for him yourself. If you don't make enough money, you'll need a joint sponsor, but as a green card holder, you don't need your ex to petition for him... just do it yourself!

[JFH 12,190]

Her child won't automatically be a citizen upon her naturalization as the child does not live in the USA. She will still need to petition for the child either as an LPR or a USC. 

[nightingalejules 678]

26 minutes ago, JFH said:

Her child won't automatically be a citizen upon her naturalization as the child does not live in the USA. She will still need to petition for the child either as an LPR or a USC. 

Fair enough, my misunderstanding. But still, OP should file I-130 for her son herself, and if she does so as a USC, the child will become a USC upon entry. Also, if she becomes a USC, there is no priority date to wait for.

[Jawaree 718]

How is OP a 10 yrs GC holder & kid is 9...did OP go home to give birth?

Petition the kid on your own if you are divorced

[blue_angel_29 108]

14 minutes ago, Jawaree said:

How is OP a 10 yrs GC holder & kid is 9...did OP go home to give birth?

Petition the kid on your own if you are divorced

She did not mean she has been here for 10 years, she meant she has the 10year GC instead of the 2 year conditional GC. 

 

OP Ate, ikaw na mismo mag petition sa anak mo, pwede na ngayon, submit form i 130. Pag na approve, you will wait for your priority date. 

 

Kung nandito ka na ng 5 years, mag apply ka na ng citizenship. Mas mafali mo makukuha anak mo. Hindi mo nakailangan ang ex husband mo.

 

 

[Jawaree 718]

OK... got it

[lia02 0]

thank you for the advice I didn't know any better when I came here my ex hubby petition my son because his the one working and I don't have any income back then.and now I tried to called nvc they told me if my ex hubby still willing to continue the process of my son visa then just wait for him to get out of jail since everything is paid.

[lia02 0]

I'm not even sure if I am qualified to apply for the citizenship because I broke the rules I divorced him before 3 years of our marriage. But I divorced him because he become abusive.