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Dave & Gena

We need to bring by wife's children here now

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Filed: Citizen (apr) Country: Canada
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20 minutes ago, designguy said:

Didn’t know that but wouldn’t the father have some custody currently? As the OPs wife has been married and in the US for 3 years who had custody of the children during this time?

From what I've come to understand, (I'm not familiar with all of the nuances) the embassy recognizes Philippine law when it comes to custody of children.  If the children were born out of wedlock, the biological father has no rights....the mother doesn't lose rights because she went to the USA.  As to whom the children are physically living with now, might be grandparents, etc.  I don't believe it matters.

 

20 minutes ago, designguy said:

Edit: do we know OPs wife was not married to the children’s father?

That's why I keep saying "If" :) @Hank_ @geowrian  @Cyberfx1024 and @Greenbaum are well-versed in this stuff...hopefully they can chime in.

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

 

 

 

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Filed: AOS (apr) Country: Philippines
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5 hours ago, designguy said:

Didn’t know that but wouldn’t the father have some custody currently? As the OPs wife has been married and in the US for 3 years who had custody of the children during this time?

 

Edit: do we know OPs wife was not married to the children’s father?

Not usually on the custody issue. Most likely with her family. 

 

Philippines doesn't have divorce laws, so the super majority of situations are "birth out of wedlock"  

YMMV

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Filed: K-1 Visa Country: Wales
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Actually to see a annulment situation is super super rare due to the complications it can cause.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 hours ago, designguy said:

Didn’t know that but wouldn’t the father have some custody currently? As the OPs wife has been married and in the US for 3 years who had custody of the children during this time?

 

Edit: do we know OPs wife was not married to the children’s father?

Likely she wasn’t. Due to the complex laws surrounding divorce and annulment in the Philippines, there are a lot of single mothers. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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2 hours ago, little immigrant said:

You already received good answers. I just wanted to say: what a beautiful picture! 

 

Also, I am curious. Who took care of the children during their mothers abscense? That must have been difficult for everyone. I hope everything works out for you and your beautiful family. 

Seems pretty common for children to stay with family there for years.

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  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
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On 9/7/2019 at 4:11 PM, Dave & Gena said:

My wife was brought here on a K-1 Visa but we could not afford  to bring her children with her originally. Now we have been married 3 years , has her permanent 10 year Green Card, she has a very good job and we want to bring her two boys (11 & 9) . I heard of a process called something like "follow to immigrate" for young children of K-1 beneficiaries. How does that work and what forms/documents do we need to process, and how long does it take?

 

file i-130 instead of i-824. 

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  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
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To answer everyone's questions:

1) Gena was never married to the Father of the boys, and he is deceased (KIlled in a motorcycle accident while drunk).

2) The boys have been with Gena's parents while attending school and waiting for us to petition them

3) We have petitioned them with I-130

Ang mabait na tao ay maraming kaibigan.

( Tagalog for: "A good man has many friends" )

Babalik Ako! (The immortal words of Gen. MacArthur.... "I SHALL return!")

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1 minute ago, Boiler said:

That would be against the VJ ToS and I have a feeling the Consulate might assume that plan.

Immigration lawyer is the best way then.

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2 minutes ago, Southern_Belle07 said:

Immigration lawyer is the best way then.

What for?  Lawyers do not speed up or impact decisions on immigration cases.  Laws are laws.

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4 minutes ago, Jorgedig said:

What for?  Lawyers do not speed up or impact decisions on immigration cases.  Laws are laws.

Consultation. For the petitioner’s peace of mind, clarity and next steps, if there are any. 

4 minutes ago, HRQX said:

The IR-2 process is straightforward. IMO, a immigration lawyer isn't necessary.

Consultation. For the petitioner’s peace of mind, clarity and next steps, if there are any. No need to be hostile or upset folks, we are all here for a reason. We have questions and want to gain clarity. Like I said, I am not sure. If my response is disappointing, kindly reply with tact.

Edited by Southern_Belle07
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2 minutes ago, Southern_Belle07 said:

Consultation. For the petitioner’s peace of mind, clarity and next steps, if there are any. 

Consultation. For the petitioner’s peace of mind, clarity and next steps, if there are any. 

Sure, he can do that.  IMO it would be money wasted.  He has followed the steps to bring them over legally, and now waits in line like everyone else.  Lawyer would gladly accept money to tell them the same thing.

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****Two posts (original and one post quoting original) removed for TOS violation: Suggesting Fraudulent Activity of Immigration Process.

 

VJ Moderation

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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