Fiance Visa with our daughter

[Duke & Marie 1,389]

2 hours ago, kirkguinto said:

Question, IR-2 and F2a are different? According to visa bulletin, F2a is current. Does it mean F2a is faster than IR2?

You’re a USC now... so you’re looking at IR processing times, for immediate relatives.. IR is generally much faster than F categories.. categories need to wait in line for visa availability per the bulletin... IR don’t, Visa is immediately available.. bulletin is basically N/A

[Hank_ 9,171]

5 hours ago, kirkguinto said:

 

 

Thank you everyone for your insight and suggestions. I get that neither a lawyer or rapidvisa can expedite the process, I only think of them because I dont want to confuse on how to petition my fiance and my daughter. Given they are asking for ridiculous amount of money I opted to get help here.

 

Given you guys post counts and reputation I would say you have experience and a good idea on how this works. So I guess I just have few questions.

 

If I decided to go with fiance visa route:

1. I will petition my fiance as i-129f, as per my understanding I cannot include her in that petition because she's my biological child?

2. If above is true I will need to petition my daughter as separate i-130? I will need to fill up two separate petition?

3. So timeline of both of these petition are different? from what Im seeing in uscis timeline the fiance visa is faster and will get approved first before my daughter?

 

I was given this option by my lawyer. It has it's advantages but it's a slower process than fiance visa. but given if I petition my daughter separate with i-130 and i-129f for my fiance basically will be the same timeline as CR1 if they will both need to enter US together.

 

 

 

Given that you have to complete the I-130 for your daughter it would be logical to complete the I-130 for your fiancee/wife as there will be NO time savings completing the I-129f for your fiancee as she would end up "waiting" for your daughter's petition to be approved, PLUS the spousal visa is cheaper overall ...  processing time is MOOT in your case.       PLUS PLUS your wife will receive her green card upon entry  <<< HUGE plus!

 

Link I gave you earlier has info for th USCIS petition process.

 

 

 

 

 

 

 

 

Edited December 4, 2019 by Hank_

[kguin 12]

33 minutes ago, Hank_ said:

Given that you have to complete the I-130 for your daughter it would be logical to complete the I-130 for your fiancee/wife as there will be NO time savings completing the I-129f for your fiancee as she would end up "waiting" for your daughter's petition to be approved, PLUS the spousal visa is cheaper overall ...  processing time is MOOT in your case.       PLUS PLUS your wife will receive her green card upon entry  <<< HUGE plus!

 

Link I gave you earlier has info for th USCIS petition process.

I'll just go along with i-129f and i-130, I cant go back to Philippines due to work. Im almost finish doing the paper works for both. Spent all night doing this and honestly it was hard, without your help and the others I think I couldn't do this. Thank you! I just have to cross my fingers and hope IR2 will get approve sooner.

 

I have question regarding i-130, I applied online

1. From your link it says they needed 2x2 passport style photos but never asked for one.

2. They were asking for additional evidences, I only have her baptismal certificate, my daughter doesnt have census record or school record yet cause she's only 2, Do i need to submit sworn affidavits?

[Hank_ 9,171]

37 minutes ago, kirkguinto said:

I'll just go along with i-129f and i-130, I cant go back to Philippines due to work. Im almost finish doing the paper works for both. Spent all night doing this and honestly it was hard, without your help and the others I think I couldn't do this. Thank you! I just have to cross my fingers and hope IR2 will get approve sooner.

 

I have question regarding i-130, I applied online

1. From your link it says they needed 2x2 passport style photos but never asked for one.

2. They were asking for additional evidences, I only have her baptismal certificate, my daughter doesnt have census record or school record yet cause she's only 2, Do i need to submit sworn affidavits?

 

1.)    For a child it isn't asked for, the 2X2 passport photo requirement is for spouses (instructions focus more on the spouse petition   , but for the most part the process is the same.)

 

2.)  PSA birth certificate.   Do you send money to support your fiancee and child?   Copies of money transfers would be good.  Photos of you with the child and mommy.  

 

"D. A child born out of wedlock and you are the father: Submit evidence that you and the mother were married while the child was under 18 years of age, or submit evidence that the child was legitimated under the law of the child’s residence or domicile, or under the law of your residence or domicile, before the child reached 18 years of age. If your child was not legitimated before reaching 18 years of age, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare."

 

https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf?download=1

 

[Liam&Marce 15]

Hello!!!

about this topic, I have a question.... if is your daughter, and you are a US citizen, don’t she have her US nationality too for being your  daughter ?

[payxibka 10,044]

7 minutes ago, Liam&Marce said:

Hello!!!

about this topic, I have a question.... if is your daughter, and you are a US citizen, don’t she have her US nationality too for being your  daughter ?

Wasn't at time of birth

[geowrian 22,335]

28 minutes ago, Liam&Marce said:

Hello!!!

about this topic, I have a question.... if is your daughter, and you are a US citizen, don’t she have her US nationality too for being your  daughter ?

The child was born before they became a USC. As such, they did not derive US citizenship at the time of birth (unless they were born in the US, which doesn't appear to be the case either).

[kguin 12]

UPDATE:

I mailed my i-129f form and did i-130 online today. I did 8hrs of research, preparing and arranging the documents, double checking everything. It was stressful but it's all going to be worth it in the end. Thank you everyone who helped.

[little immigrant 800]

23 hours ago, geowrian said:

The child will become a USC upon entry on the IR-2 visa since she will be the under-18 child of a USC residing as an LPR in the US. You can apply for a US passport for them after entry.

They will need an I-864W instead of an I-864.

Sorry for hijacking but what are the residency requirements of the USC for the child to become a citizen upon entry? In our case it will be a newly naturalized USC. 

Edited December 5, 2019 by little immigrant

[geowrian 22,335]

1 hour ago, little immigrant said:

Sorry for hijacking but what are the residency requirements of the USC for the child to become a citizen upon entry? In our case it will be a newly naturalized USC. 

Any under 18 child (not step-child) who is residing in the US as an LPR and in the legal and physical custody of a USC parent is automatically a US citizenship. For an immigrant visa, this would be upon entry of the child. If doing AOS, this is when AOS is approved for the child. Adoption alone doesn't guarantee benefits this way.

No residency requirements exist for the USC to derive citizenship this way.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

Residency requirements apply when a child is born abroad and the parent is already a USC. See (https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3).

The general case seen here tends to be that of the USC needing to have 5 years of physical presence in the US, of which at least 2 years need to be at age 14 or later.

Edited December 5, 2019 by geowrian

[kguin 12]

i129f approved on april 8. i130 expedite request on april 15, approved april 17 then on april 19 issued NVC case number.

[Liam&Marce 15]

14 minutes ago, kguin said:

i129f approved on april 8. i130 expedite request on april 15, approved april 17 then on april 19 issued NVC case number.

What did u say to get your daughter case expedite?

 

thanks