Filing CR2 alone for my newborn (gay surrogacy case)

[danshare 0]

Dear All,

 

I am experiencing a very strange situation, and I am wondering if anyone on this site can help me out.

 

Let me explain my situation here,

 

I am gay, and I choose to have my genetic son conceived by surrogacy service in Mexico. (egg donor and surrogacy is different person, and surrogate mom is OK to give up custody)

 

The trick part is I become an US citizen on May 1st, and my baby was born early on April 25th, so I cannot transmit my citizenship to him by CRBA. 

 

Instead, I am filing I130 for him. 

 

The USCIS Mexico City declined my request to file I130 from overseas office because I am not a Mexico resident. 

 

I am a California resident, and I think I will file with Phoenix Office USCIS lockbox. 

 

I want to request the expedite, but I don't really know what to expect afterwards.

 

My newborn is only 2 month old, and is he subject to medical check and etc? 

 

For the interview, does surrogate mom need to attending as well? 

 

How long is the processing time for now? Anyone can share?

 

Regards.

[USS_Voyager 1,971]

17 minutes ago, danshare said:

The USCIS Mexico City declined my request to file I130 from overseas office because I am not a Mexico resident. 

That is correct. You have to reside and have residency of whatever country to do that. 

 

17 minutes ago, danshare said:

I am a California resident, and I think I will file with Phoenix Office USCIS lockbox. 

 

I want to request the expedite, but I don't really know what to expect afterwards.

They will tell you if the expedite request is approved or not. One thing about expedite is, it's faster, but not necessary fast. So still expect some weeks/months of wait times.

 

18 minutes ago, danshare said:

My newborn is only 2 month old, and is he subject to medical check and etc? 

I don't know, probably he has to go to some sort of medical.

 

19 minutes ago, danshare said:

For the interview, does surrogate mom need to attending as well? 

No. If the surrogacy was done right (I have no idea how it is down in Mexico, but if it is in the US), the surrogate is not Mom, has no legal rights nor responsibilities. The child is not legally hers. 

Which brings me to the question, so who is taking care of the child, if you're in the US? Or you're not in the US? And is there is a partner in this? Who else is on the birth certificate as parent? Or is it only you on the birth certificate? Are you married?

 

31 minutes ago, danshare said:

How long is the processing time for now? Anyone can share?

Normal processing is 8-12 months for I-130 to be approved, then several months at the NVC. Total approximately about 10-16 months from filing of I-130 until interview.