Jump to content

18 posts in this topic

Recommended Posts

Hello,

I'm asking this for a friend, a friend of mine traveled to his home country back in 2017,had a fling and the lady was pregnant and had a baby last year but my friend never knew about it. He applied for citizenship and was granted citizenship in December 2018 and the baby was born in june 2018 which he never knew about the baby until this year. Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

Share this post


Link to post
Share on other sites

The baby was born before he became a USC. So there is no claim there. He only can apply for an IR-2 visa for the child and then use that for a path to citizenship under the Child Citizenship Act.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites

Agreed. He was not a USC at the time of birth so the child cannot derive citizenship at birth through him. He can petition the child for permanent residency, which will result in citizenship upon entry on that immigrant visa.

 

On what basis did he obtain citizenship? Was it via marriage (3 year rule) or just the 5+ years of permanent residency?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
45 minutes ago, Anifowose017 said:

Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

Let your friend be aware that once he files for an IR2 for that child, his own immigration file will be scrutinized. When they discover he applied for citizenship without mentioning the child, they will dig deeper to ascertain if that was indeed true.

 

If it’s not true they could proceed to try to revoke his citizenship with the charge that it was illegally procured. Also they will look into his marriage through which he acquired permanent residency (if that is how he adjusted status) to make sure it was not a sham.

 

Just giving you a heads up, not implying he did anything fraudulent.

Edited by HonoraryCitizen

I am not in this world to live up to your expectations,

Neither are you here to live up to mine.

I don't owe no one no obligation 
So everything is fine, fine

I said, I am that I am I am, I am, I am

Share this post


Link to post
Share on other sites

O

3 minutes ago, HonoraryCitizen said:

Let your friend be aware that once he files for an IR2 for that child, his own immigration file will be scrutinized. When they discover he applied for citizenship without mentioning the child, they will dig deeper to ascertain if that was indeed true.

 

If it’s not true they could proceed to try to revoke his citizenship with the charge that it was illegally procured. Also they will look into his marriage through which he acquired permanent residency, to make sure it was not a sham.

 

Just giving you a heads up, not implying he did anything fraudulent.

Op didnt say his friend became a pr via marriage.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
56 minutes ago, Anifowose017 said:

Hello,

I'm asking this for a friend, a friend of mine traveled to his home country back in 2017,had a fling and the lady was pregnant and had a baby last year but my friend never knew about it. He applied for citizenship and was granted citizenship in December 2018 and the baby was born in june 2018 which he never knew about the baby until this year. Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

No, since the baby was born before your friend became a US citizen.

 

Is your friend planning on having the lady and the child immigrate to the US via marriage?  Hopefully your friend is 100% certain that this baby is actually his, since this was only a "fling" as you said.

 

Your friend should make an account on VJ so he can give direct relevant information so members can help him better (that way nothing is lost with you being the middle-man delivering messages, so to speak).   Always makes things easier for members to give proper advice to friends of VJ members.   Unless your friend is actually you, of course, as we see that quite regularly on VJ as well.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
Just now, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Through the IR-2 visa and CCA. But he will be scrutinized and could ultimately get his citizenship revoked. Since he got married 3 years ago, but his "fling" was just over a year ago, USCIS has a strong case to say his marriage is a scam.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
Just now, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Well that may present some issues. Its hard to claim a bona fide marital union under those circumstances. They may or may not question if he qualified for naturalization. No way to know beforehand how they will treat it.

 

Either way, he files an I-130 for the child to start the process. Note that he will need only an I-864W instead of I-864 once at the NVC stage.

Keep in mind the mother needs to provide written consent (or sufficent court order) for the child to immigrate.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
7 minutes ago, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Depends...Is he planning on marrying the lady friend and immigrating both of them?  Or just the child?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
12 minutes ago, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Keep in mind that this may open up a whole can of worms for your friend.

 

USCIS may be interested in comparing the date of marriage to the USC, and the birthdate of the child (whether he knew about the child's existence is irrelevant, he was obviously in some sort of relationship with the woman during his marriage)....this might bring into question now whether his naturalization was properly approved in the first place, since he filed via the 3 year rule.

 

Is he divorced from his USC wife now?  If he is divorced, when did he divorce?  


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites

My friend still with his wife and he told her about the child and wants to bring the child to live with him and his wife here so not that he divorce his wife here and NO his not with the mother of the baby or ever dated her. Just had a night stand.

Share this post


Link to post
Share on other sites
11 minutes ago, Anifowose017 said:

Just had a night stand.

I would get a paternity test done before even starting the whole process in his case...


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
50 minutes ago, Anifowose017 said:

My friend still with his wife and he told her about the child and wants to bring the child to live with him and his wife here so not that he divorce his wife here and NO his not with the mother of the baby or ever dated her. Just had a night stand.

He can file the i-130 for the child.  He will need the mother's consent for the child to move and live permanently in the USA.  The father and child may be required to undergo DNA testing to establish his biological relation (especially if the father's name is not on the birth certificate/birth registration).

 

I would strongly urge your friend to take a paternity test before going through this process. Only to prevent unnecessary time, stress, and money being spent on this and then find out the child was never his to begin with (it's happened).   Nothing against the lady's character, however if she had a one-night stand with him, possible she's had a one-night stand with someone else around the same time as well.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites

A paternity and maternity test might be ordered by the embassy, just to prevent international child trafficking.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×