Petitioning Child (I am a US citizen by birth)

[aapostol 1]

Hi,

 

So I am going to file for the I-130 for my child, who's residing in the Philippines with my Mom (I tried the CRBA route, but I didnt have enough residency prior to giving birth, moved here 4 years ago), I just wanted to know how long does it take to get approved. I am also planning on filing for a K-4 visa so that my child can come here while the papers are processing. Does anyone have experience with that? I'm a little overwhelmed with the process and requirements. Any tips/suggestions/experiences would be helpful. Thank you!!

[Boiler 43,661]

K4? Not appropriate.

 

If you are a USC about a year. Or so.

[aapostol 1]

But it says in the website that I may file for a K-4 nonimmigrant visa for my child.

 

From the USCIS website

 

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

[p-ana 933]

A k4 is a derivative of a k3, which would be for a spouse. So that doesn’t apply to your situation. 

On top of that, k3/k4 are rarely issued anyway. 

[thewaitingame 34]

48 minutes ago, aapostol said:

Hi,

 

So I am going to file for the I-130 for my child, who's residing in the Philippines with my Mom (I tried the CRBA route, but I didnt have enough residency prior to giving birth, moved here 4 years ago), I just wanted to know how long does it take to get approved. I am also planning on filing for a K-4 visa so that my child can come here while the papers are processing. Does anyone have experience with that? I'm a little overwhelmed with the process and requirements. Any tips/suggestions/experiences would be helpful. Thank you!!

what was the reason they denied the CRBA?

[aapostol 1]

4 minutes ago, thewaitingame said:

what was the reason they denied the CRBA?

So I was born in Japan at the US Naval base (My dad was in the navy, then they decided to retire in the Philippines, so therefore I didnt have residency in the US). I was born there and lived there for 6 years, I was told by a lawyer (and asked the US embassy in Manila) that my stay at the Naval base would count. So I had my mom apply on my behalf since I am in the US. The consul didnt approve the application because they said that my stay in the base doesnt count. (THIS ALL HAPPENED YESTERDAY). So now I am trying to figure out a way to get my son here asap, cause my mom is sick and can't take care of him much longer.

[SalishSea 16,845]

15 minutes ago, aapostol said:

So I was born in Japan at the US Naval base (My dad was in the navy, then they decided to retire in the Philippines, so therefore I didnt have residency in the US). I was born there and lived there for 6 years, I was told by a lawyer (and asked the US embassy in Manila) that my stay at the Naval base would count. So I had my mom apply on my behalf since I am in the US. The consul didnt approve the application because they said that my stay in the base doesnt count. (THIS ALL HAPPENED YESTERDAY). So now I am trying to figure out a way to get my son here asap, cause my mom is sick and can't take care of him much longer.

Why should your time spent in the US matter though?  If you're a US citizen, you're a US citizen.

[SusieQQQ 11,585]

Just now, Jorgedig said:

Why should your time spent in the US matter though?  If you're a US citizen, you're a US citizen.

Not when it comes to passing on citizenship. You need 5 years residency, of which 2 must be after age 14, to be able to pass on citizenship at birth of the child abroad.

[SalishSea 16,845]

1 minute ago, SusieQQQ said:

Not when it comes to passing on citizenship. You need 5 years residency, of which 2 must be after age 14, to be able to pass on citizenship at birth of the child abroad.

Oh, wow.  Did not know that.   Thanks for explaining.

[aapostol 1]

2 minutes ago, Jorgedig said:

Why should your time spent in the US matter though?  If you're a US citizen, you're a US citizen.

 

I know I am, but I am trying to get my son here, time spent in the US matters when you're trying to get a CRBA for your child.

[aapostol 1]

2 minutes ago, SusieQQQ said:

Not when it comes to passing on citizenship. You need 5 years residency, of which 2 must be after age 14, to be able to pass on citizenship at birth of the child abroad.

Oh they said there's a criteria, so if you're married to the father of the child then it's 5 yrs of residency but if you were single at the time of birth then it's just 1 yr.

[SalishSea 16,845]

1 minute ago, aapostol said:

Oh they said there's a criteria, so if you're married to the father of the child then it's 5 yrs of residency but if you were single at the time of birth then it's just 1 yr.

Really????    That makes ZERO sense.

[NigeriaorBust 4,087]

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9774.html#0-0-0-7573

 

[CEE53147 559]

3 hours ago, aapostol said:

So I was born in Japan at the US Naval base (My dad was in the navy, then they decided to retire in the Philippines, so therefore I didnt have residency in the US). I was born there and lived there for 6 years, I was told by a lawyer (and asked the US embassy in Manila) that my stay at the Naval base would count. So I had my mom apply on my behalf since I am in the US. The consul didnt approve the application because they said that my stay in the base doesnt count. (THIS ALL HAPPENED YESTERDAY). So now I am trying to figure out a way to get my son here asap, cause my mom is sick and can't take care of him much longer.

 

You should consider that you may have to move to live with your mom and child while you wait for his visa to be approved.

 

You just have to wait your turn (rather his) in the line. You should have filed for him as soon as you moved to the US 4 years ago.

[MjC772 94]

13 hours ago, Jorgedig said:

Really????    That makes ZERO sense.

Yes, that didn't make since so they changed it for an unmarried US citizen mother to:

 

"For children born on or before  June 11, 2017, mother must prove that she was physically present in the U.S. for a minimum period of one continuous year.  For children born on or after June 12, 2017, mother must prove that she was physically present in the U.S. for 5 years, 2 of which were after age 14."