Father is a US Citizen and want to get my brother in Philippines

[SusieQQQ 11,584]

23 minutes ago, Asor said:

My fellow parents are not in good terms, but they are married in the Philippines and before they get married my father is a US Citizen. Now my mother has read thru online that she could get a passport for my brother in the philippine without my father just need a copy and a notarized passport, W-II and fill in a form (i don't know what kind of form) from our father, Is this true?

 

But my dad would like to file an Form I-130 for both of them here. What's more ok to do and fastest? Thank you very much in advance.

How did your father become a citizen? And how long did he live in the US, and at what ages? This matters in terms of whether your brother was a citizen at birth or not.  

 

If if your brother was a citizen at birth your father can’t file an i130 for him. If he wasn’t then an i130 is the only option. He can’t “choose”.

 

also, if your parents are “not on good terms” then it’s not a bona fide basis for a marriage based visa for your mom. This will be picked up at any embassy interview and likely denial. 

Edited January 8, 2019 by SusieQQQ

[Khallaf 646]

29 minutes ago, Asor said:

My fellow parents are not in good terms, but they are married in the Philippines and before they get married my father is a US Citizen. Now my mother has read thru online that she could get a passport for my brother in the philippine without my father just need a copy and a notarized passport, W-II and fill in a form (i don't know what kind of form) from our father, Is this true?

 

But my dad would like to file an Form I-130 for both of them here. What's more ok to do and fastest? Thank you very much in advance.

if your mother and father are not on good terms, this will likely be discovered at interview, and if its slipped but caught at a later time say when she is due to naturalize, I believe they can deny the citizenship application, and pull the green card and put her into deportation.

 

@geowrian

you might be able to answer that

[HonoraryCitizen 179]

47 minutes ago, Asor said:

My fellow parents are not in good terms, but they are married in the Philippines and before they get married my father is a US Citizen. Now my mother has read thru online that she could get a passport for my brother in the philippine without my father just need a copy and a notarized passport, W-II and fill in a form (i don't know what kind of form) from our father, Is this true?

 

But my dad would like to file an Form I-130 for both of them here. What's more ok to do and fastest? Thank you very much in advance.

 

You need to stop mixing things up. Your brothers case is separate from your mothers case. In your brothers case, we need to determine first whether maybe he is already a citizen.

 

Regarding your brother, you need to read the link below and let us know which category if any your brother/father fall into:

 

Quote

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

1. Birth Abroad in Wedlock to a U.S. Citizen and an Alien

2. Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

 

 

 

 

If none of those apply to your brother and father, then it means your father will have to file a petition for him as mentioned by @Going through. If one of those apply, then yes she can get a passport for your brother in Philippines however she will need your fathers consent and help to provide the documents required. It is generally not possible to do it sneakily behind your fathers back.

 

Regarding your mother, your father will have to file a petition for her as mentioned by @Going through. What you mention about your fellow parents not being in good terms does not really make sense. Why is your father looking to file a I-130 for her if they are not on good terms? If they are not on good terms and the marriage has failed/is failing and they do not plan to continue being married, filing a petition for your mother would be fraudulent.

 

 

Edited January 8, 2019 by HonoraryCitizen

[Khallaf 646]

not to mention NONE of this will be fast and all that EASY

[geowrian 22,335]

16 minutes ago, Khallaf said:

if your mother and father are not on good terms, this will likely be discovered at interview, and if its slipped but caught at a later time say when she is due to naturalize, I believe they can deny the citizenship application, and pull the green card and put her into deportation.

 

@geowrian

you might be able to answer that

If they aren't on good terms (long term...not just a fight or something):

1) She may not be issued the visa. It's hard to claim a bona fide marriage when it sounds like the purpose of getting the visa is just to come to the US, not family reunification (the purpose of family-based visas).

2) This does not impact his child's case...other than getting a letter authorizing the child to immigrate to the US.

 

Edit: If it is discovered that an immigration benefit was obtained improperly, the benefit can be revoked.

Edited January 8, 2019 by geowrian

[SusieQQQ 11,584]

OP can file for his/her mother if/when s/he is over 21, assuming OP is a citizen by that stage. Or the brother can at 21.

 

 

Edited January 8, 2019 by SusieQQQ

[Asor 1]

1 hour ago, EM_Vandaveer said:

Was your father a USC at the time of your brother's birth? 

yes, 

[SusieQQQ 11,584]

9 minutes ago, Asor said:

yes, 

This isn’t enough information

how did he become a citizen? Through birth or naturalization? In either case, how long did he live in the US and at what age?

[SusieQQQ 11,584]

1 hour ago, HonoraryCitizen said:

 

Why is your father looking to file a I-130 for her if they are not on good terms? If they are not on good terms and the marriage has failed/is failing and they do not plan to continue being married, filing a petition for your mother would be fraudulent.

 

 

It’s also fraudulent if they plan on continue being married legally solely for her to gain an immigration benefit. 

[Asor 1]

Sorry for the wrong term, I mean for not in good terms is how they file for them especially to my brother. Apologize 😇 

He became a US Citizen thru his father. My father was a citizen since from 1970 to 80's and his age was 46 years old. And our father was a citizen when my brother was born in the Philippines.

[SusieQQQ 11,584]

14 minutes ago, Asor said:

Sorry for the wrong term, I mean for not in good terms is how they file for them especially to my brother. Apologize 😇 

He became a US Citizen thru his father. My father was a citizen since from 1970 to 80's and his age was 46 years old. And our father was a citizen when my brother was born in the Philippines.

So your father was born abroad to a US citizen? To repeat.... How long has your father lived in the US? And had he lived there before your brother was born?

[Asor 1]

7 minutes ago, SusieQQQ said:

So your father was born abroad to a US citizen? To repeat.... How long has your father lived in the US? And had he lived there before your brother was born?

My father was born in the philippines, he became a citizen because of his father. He lives in US of more than 25years and yes he lives in US before my brother was born.

 

Apologize for confusing 😇

Thank you all for your help and time.

[HonoraryCitizen 179]

1 hour ago, Asor said:

My father was born in the philippines, he became a citizen because of his father. He lives in US of more than 25 years and yes he lives in US before my brother was born.

 

Apologize for confusing 😇

Thank you all for your help and time. 

That means your father transmitted US Citizenship to your brother at birth. So your brother is already a US citizen. He just needs to go through CRBA = Consular Report of Birth Abroad to get a US birth certificate and then US passport. Read the rules on the link I posted. It is relatively easy.

 

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/first-time-report-birth-abroad/

 

Quote

 

Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen

 

 

 

He will have to file an I130 for your mother. IR1 process.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

 

You can start reading on the process from here 

 

https://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/

 

Edited January 8, 2019 by HonoraryCitizen

[Asor 1]

53 minutes ago, HonoraryCitizen said:

That means your father transmitted US Citizenship to your brother at birth. So your brother is already a US citizen. He just needs to go through CRBA = Consular Report of Birth Abroad to get a US birth certificate and then US passport. Read the rules on the link I posted. It is relatively easy.

 

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/first-time-report-birth-abroad/

 

 

 

He will have to file an I130 for your mother. IR1 process.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

 

You can start reading on the process from here 

 

https://www.visajourney.com/forums/topic/302-ir1-cr1-general-guides-and-info/

 

My father was born in the philippines, he became a citizen because of his father. He lives in US of more than 25 years and yes he lives in US before my brother was born in philippines.

 

Apologize for confusing 😇

Thank you all for your help and time. 

[HonoraryCitizen 179]

3 minutes ago, Asor said:

My father was born in the philippines, he became a citizen because of his father. He lives in US of more than 25 years and yes he lives in US before my brother was born in philippines.

 

Apologize for confusing 😇

Thank you all for your help and time. 

I think you may be having a problem with the English language. You seem not to understand what I wrote. Get someone to help you, your question has been answered and the solution is in  my previous response. Read it again.