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Jeks

How can i include my children in my petition?

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Hi. Just wanna ask, my mother petitioned me last 2009, and i was still single then. Now i have 3 daughters from my common-law wife. What do i need to do or what are the steps so that i can bring my children with me when my petition comes? Thanks in advance. 

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32 minutes ago, Jeks said:

Hi. Just wanna ask, my mother petitioned me last 2009, and i was still single then. Now i have 3 daughters from my common-law wife. What do i need to do or what are the steps so that i can bring my children with me when my petition comes? Thanks in advance. 

 

Can you clarify what category you are? F1, if you “only” have a common law spouse, or F3? 

 

13 minutes ago, portorusa said:

What category is your visa, F3?

I don’t think you can bring your children with you. You can petition them after you get your green card.

I may be mistaken though...

Yes you are mistaken. F-categories can bring derivatives. All can bring children under 21. Obviously F1 cannot bring a spouse.

Edited by SusieQQQ

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2 minutes ago, Jeks said:

And im not yet married because we are waiting for my petition. 

What is your priority date? Current PD Jul 1 08. Guessing your children are far from 21 so aging out should not be a problem. FYI you will have immigrate to the US and file a separate petition for your partner if you want them to immigrate. That will take about 1.5-2 years to do once you start the petition

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depending on your priority date, you are probably a year and a half away based on the current Visa Bulletin


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On 10/1/2019 at 7:45 AM, belinda63 said:

Do not get married prior to entering the US. Some people think once the visa is issued they can get married but you must remain single until you enter the US and obtain your stamp.

Ok thanks

 

On 9/30/2019 at 11:40 PM, designguy said:

What is your priority date? Current PD Jul 1 08. Guessing your children are far from 21 so aging out should not be a problem. FYI you will have immigrate to the US and file a separate petition for your partner if you want them to immigrate. That will take about 1.5-2 years to do once you start the petition

My children are far from being 21. I just wanna know, do i need to do something to include my children to the petition or i is automatic that they are included? Thanks

 

On 9/30/2019 at 11:40 PM, designguy said:

What is your priority date? Current PD Jul 1 08. Guessing your children are far from 21 so aging out should not be a problem. FYI you will have immigrate to the US and file a separate petition for your partner if you want them to immigrate. That will take about 1.5-2 years to do once you start the petition

 

On 10/1/2019 at 8:08 AM, Paul & Mary said:

depending on your priority date, you are probably a year and a half away based on the current Visa Bulletin

Thank u. 

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The OP has a common law spouse. Wouldn't that disqualify one from the F1 category?

 

I've heard of people don't something similar (getting married in a religious only ceremony) and get rejected.

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3 minutes ago, ProbeGT said:

The OP has a common law spouse. Wouldn't that disqualify one from the F1 category?

 

I've heard of people don't something similar (getting married in a religious only ceremony) and get rejected.

I just saw that OP is from the Philippines. Can you get a CENOMAR if you have a common-law wife? @geowrian @Hank_

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1 hour ago, designguy said:

I just saw that OP is from the Philippines. Can you get a CENOMAR if you have a common-law wife? @geowrian @Hank_

 

There is no marriage recorded, so yes that person could get a CENOMAR.    

 

All the laws that I have read about regarding "common law relationships", (the Philippines dances around the term "marriage" in those situations) relate to ownership of property and support for children and inheritance rights of said children.   Philippines recognizes the relationship for varied reasons, but doesn't categorize it as legally married.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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On 9/30/2019 at 1:45 AM, Jeks said:

Hi. Just wanna ask, my mother petitioned me last 2009, and i was still single then. Now i have 3 daughters from my common-law wife. What do i need to do or what are the steps so that i can bring my children with me when my petition comes? Thanks in advance. 

Being married would void your petition.    To the best of my knowledge the Philippines does not recognize "common law marriage",   it does recognize common law relationships .. and the laws relating to that are in regard to child support, inheritance and property rights.     It does not give the father custodial rights.

 

You need to get custody of all three children, meaning the mother must relinquish her custodial rights ... you will need an attorney for this.    The mother has sole custody of the children being you were not legally married

 

Is your mom a U.S. citizen (through naturalization) or LPR (green card holder) ?     The answer to that will determine how you can proceed .. once you have custody of the children.

 

.

 


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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6 hours ago, aleful said:

hi

 

you need to notify NVC and send case number and copies of their birth certificates and request that they be added to your petition, nothing is automatic. 

 

 

Not so quick there .. Philippines has custody laws for him to address first.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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