Amended Birth certificates andan arrest

[Just Paul 4,591]

2 minutes ago, RubysMom said:

I am so sorry to be a PITA but so many questions.  On both the I 130 and the DS 260 do you leave questions that do not apply blank, such as questions about a spouse for childrens papers?

On the I130s I think it is best to put n/a.   Shows that you meant not to answer the question.  The DS-260s are filled in online.

Edited July 5, 2019 by Paul & Mary

[RubysMom 2]

OK, I might be wrong but this is what I have so far, from reviewing both the I-130 and DS 260, and from conversations 3 times with immigration.  It seems like the adoption rules only apply to the petitioner if he adopts. On I 130 part 1 questions 1 and 2 would be 1. child and 2 relationship is stepchild.  Then when you go to the DS 260 in parent information it states: Please provide the following information concerning your biological parents. If you are adopted, please provide the following information on your adoptive parents"  In no place does it even ask if you are adopted. On another law site it stated for immigration purposes all biological and adopted children of the beneficiary are considered the beneficiary's children. So we should need nothing but her birth certificate and whatever clearances and classes required by the Philippine government.   The funny thing is that after so many years, we will have to provide my son's adoption papers. 

[Just Paul 4,591]

3 minutes ago, RubysMom said:

It seems like the adoption rules only apply to the petitioner if he adopts.

He did not adopt so that is not relevant.

 

8 minutes ago, RubysMom said:

for immigration purposes all biological and adopted children of the beneficiary are considered the beneficiary's children.

True except, the issue will be when she adopted and if it close enough to the marriage date it can be construed that child was adopted so she could go to the US.

 

When was the adoption?

When was the marriage?

 

The CO will want to know why the child was adopted when the mother of the child is still alive.  I would expect to be asked for proof and court documentation.

[Just Paul 4,591]

57 minutes ago, RubysMom said:

So is a DS 260 filled out for each child and will they schedule Interviews together. It is an expensive trip if all six are scheduled on seperate days.

Might as well make it a week and get the CFO done if there isn't an office near to where they live.

Medical 2 days

Embassy 1 day

CFO 1 day

[Just Paul 4,591]

33 minutes ago, RubysMom said:

 The funny thing is that after so many years, we will have to provide my son's adoption papers. 

Where are you seeing that required?

[geowrian 22,335]

34 minutes ago, RubysMom said:

for immigration purposes all biological and adopted children of the beneficiary are considered the beneficiary's children

Yes for disclosing the relationship, but for the adopted child to qualify for immigration benefits, the adoption must meet certain requirements.

They are strict with adoptions when it comes to qualifying for immigration benefits...they know people will try to adopt a family member's or friend's child just to get them to the US. People ask if they can do that fairly regularly on VJ.

[RubysMom 2]

I 130 Part 1 question 4. Did you gain lawful permanent resident status or  citizenship through adoption?  Then I called them and they told me to provide adoption and citizenship paper. H has no citizenship paper because he came under the child adoption act of 2000, where you were not required to get the paper and could just use his passport, LOL so he daid might be a good idea to attach copy of the law....and it is their law!

[Just Paul 4,591]

4 minutes ago, RubysMom said:

I 130 Part 1 question 4. Did you gain lawful permanent resident status or  citizenship through adoption?  Then I called them and they told me to provide adoption and citizenship paper. H has no citizenship paper because he came under the child adoption act of 2000, where you were not required to get the paper and could just use his passport, LOL so he daid might be a good idea to attach copy of the law....and it is their law!

Please use the quote button if you want a quick answer.

 

It is just a checkbox.   He can attach the BIO page of his passport on each I-130 as he has citizenship.  If you are worried about an RFE he could copy and attach to the petitions as well.

[RubysMom 2]

1 minute ago, Paul & Mary said:

Please use the quote button if you want a quick answer.

 

It is just a checkbox.   He can attach the BIO page of his passport on each I-130 as he has citizenship.  If you are worried about an RFE he could copy and attach to the petitions as well.

I don't understand?  The man said attach copy copy of his adoption and copy of the 2000 law? Better safe than sorry.

[Just Paul 4,591]

Calling immigration has been known to not be a source of correct answers.  They are not required to provide legal advice.

 

You could just site the law rather than include the pages.    "Obtained citizenship per USC XX.xx.aa.bb"

 

All he needs to do is show citizenship.   A passport is proof of that.

[Pinkrlion 2,607]

4 hours ago, RubysMom said:

OK, I might be wrong but this is what I have so far, from reviewing both the I-130 and DS 260, and from conversations 3 times with immigration.  It seems like the adoption rules only apply to the petitioner if he adopts. On I 130 part 1 questions 1 and 2 would be 1. child and 2 relationship is stepchild.  Then when you go to the DS 260 in parent information it states: Please provide the following information concerning your biological parents. If you are adopted, please provide the following information on your adoptive parents"  In no place does it even ask if you are adopted. On another law site it stated for immigration purposes all biological and adopted children of the beneficiary are considered the beneficiary's children. So we should need nothing but her birth certificate and whatever clearances and classes required by the Philippine government.   The funny thing is that after so many years, we will have to provide my son's adoption papers. 

The petitioner's adoption is not what we are talking about. We are discussing the beneficiary's adoption.