Question about K3 I-130

[Paul Ficca 0]

One more question...

along with My wife who i will be filing the I-130 for there is also our daughter (6 months) because she is my daughter do i need to file a separate I-130 or can i just include her on my wifes?

thanks for the help.

[wanderingbeing 0]

I believe it says you need to file a seperate I-130 form for each eligibile relative. But I don't remember reading any exceptions to this. But I'm new to this myself. But I've been looking over the I-130 and I-129f a lot the last month.

One more question...

along with My wife who i will be filing the I-130 for there is also our daughter (6 months) because she is my daughter do i need to file a separate I-130 or can i just include her on my wifes?

thanks for the help.

[kalina 0]

Yes, you have to file separate I 130 for your daughter.

If you decide to use K 3 route you will file I 129 F for your wife and your child will received K 4 visa automatically but approved I 130 will be needed for AOS in the USA.

So shortly - two I 130 petitions - one for the wife and one for the child and one I 129 F.

[JohnWendy 0]

Yes, you have to file separate I 130 for your daughter.

If you decide to use K 3 route you will file I 129 F for your wife and your child will received K 4 visa automatically but approved I 130 will be needed for AOS in the USA.

So shortly - two I 130 petitions - one for the wife and one for the child and one I 129 F.

If it is yor daughter.... have you filed for a US passport citezenship for her? If so then you do not have to file an I130 or a K4 as she is a US Citizen.

[Reba 2]

If she is biologically Your daughter, then she is a US citizen, and you do not need to petition for her to immigrate. You will however need to register her birth abroad with the US Embassy in your wife's country. The link to the consulate is likely posted here at VJ in the Embassy Info page, but you didn't mention what country she is from so I don't know for sure. You could also Google or Ask.

[kalina 0]

If she is biologically Your daughter, then she is a US citizen, and you do not need to petition for her to immigrate. You will however need to register her birth abroad with the US Embassy in your wife's country. The link to the consulate is likely posted here at VJ in the Embassy Info page, but you didn't mention what country she is from so I don't know for sure. You could also Google or Ask.

My husband is US citizen too but we sent I 130 for our daughter because when she was born he wasn't citizen but green card holder.

[pushbrk 12,229]

One more question...

along with My wife who i will be filing the I-130 for there is also our daughter (6 months) because she is my daughter do i need to file a separate I-130 or can i just include her on my wifes?

thanks for the help.

If "your/our" daughter qualifies to be a USC, then she doesn't need a visa. She needs a US Passport.

If she is your step-daughter, she needs her own I-130 but can be listed on her mother's I-129F.

[Paul Ficca 0]

thanks.

So say if i decide to get her the passport what would i put on the i-130 forum when it says to list all children of your spouse?

does anyone have any info on the whole passport/registering birth process? does it take a long time? will it be hard?

[JohnWendy 0]

You would list your daughter.

Depends on the country and embassy. First I would contact the US Embassy website in the country of childs birth and use that as a guideline. Is your name on the childs birth certifiate? If not their may be some DNA testing required.

[JohnWendy 0]

Here is a link for Korea so you can get an idea (reference)..... the US Embassy representing the country of your childs birth will give you direction for that post

http://seoul.usembassy.gov/childs_first_passport.html

U.S. Passports

Child's First Passports

Congratulations! You already are, or soon will be, the parent of a child who may be entitled to U.S. citizenship. Your new baby needs a first passport, a Consular Report of Birth Abroad (FS-240) (similar to a birth certificate) and a Social Security number. On this page we'll tell you what you need to do to get all three items.

It is important to start this process as soon as possible after your child is born. To travel abroad, whether urgent and unexpected or planned, your child will need a passport. In addition, Korean Immigration requires parents of U.S. citizen children to obtain a Korean visa in the child's passport within 30 days of the child's birth, if the child will remain in Korea for more than 30 days. Failure to register the child for a Korea visa could result in a penalty fine by the Korean Immigration.

Only the child's parents or legal guardian may apply on the child's behalf. The application must be signed before an U.S. consular officer or a designated military official if the child is born in a military hospital.

How long will it take?

Most parents choose to apply for a U.S. passport at the same time as the Consular Report of Birth. It takes two to three weeks to process an application for a passport because the applications are forwarded to the United States for printing. Most parents choose to have both documents returned at the same time.

You may return to the Embassy to pick up the finished Consular Report of Birth and passport or take advantage of our courier delivery service and avoid a second trip.

Your child's Social Security Card

The application for the Report of Birth includes the application for a social security card. Your child's Social Security card will be sent to you directly by Social Security. Please allow three to six months for the card to arrive.

What documents are needed to establish my child's U.S. citizenship?

Evidence of birth. This can be an original U.S. military hospital or Korean hospital birth certificate. A Korean certificate must be signed and sealed by the doctor or the hospital, and must be accompanied by an English translation.

Evidence of U.S. citizenship of the parent(s). This can be one of the following: U.S. Passport, Birth Certificate, Consular Report of Birth Abroad of a Citizen of the United States, Certificate of Naturalization, Certificate of Citizenship, and/or Consular Report of Birth for a previous child of the same marriage born overseas.

Please Note: Hospitals in the U.S. sometimes issue a commemorative "certificate of birth" which often has the baby's footprints. This hospital-issued certificate is not proof of citizenship. Certified birth certificates are issued by the State or County government, not a hospital.

Evidence of citizenship documents must be either an original or a copy certified by the issuing agency. A photocopy or a "true copy" cannot be accepted.

Where only one parent is a U.S. citizen then the 5-years physical presence rule applies.

Evidence of the parents' marriage, if they are married. This should be an original or certified copy of the marriage certificate issued by a city, state, or foreign country.

Follow this link for information on obtaining vital records, such as birth, death and marriage certificates.

Evidence of the parents' marriage, if they are married. This should be an original or certified copy of the marriage certificate issued by a city, state, or foreign country.

Evidence of legal termination of previous marriages: original or certified copies of all divorce or annulment decrees or death certificates. For a Korean citizen, the Family Census Register is acceptable proof. An English translation must be included.

Form DS-2029, Application for a Consular Report of Birth Abroad. You can download a sample to help you prepare the form.

Acrobat Reader is required to view forms on your computer. The latest Acrobat software is available for a free download.

DS-11 Application for a U.S. Passport, completed by a parent or legal guardian. The application should be signed before a consular officer. Note that the back side of this form includes instructions for use in the U.S. which do not apply abroad (for instance, expedited processing is available in the U.S. only.) When completing a passport application, please include the city in the "Place of Birth" section. For persons in the U.S., list the city and state of birth. For persons born outside the U.S., include the city and country of birth.

Children Age 13 and Younger: The State Department requires the consent of both parents for the issuance of a passport to U.S. citizens age 13 and younger. Please carefully review the other information on this web site before you apply.

One 2" X 2" full-face color or black/white photograph. The background must be plain white and should not show parents or parents' hands. The baby's eyes must be open. Polaroid or vending machine photos cannot be used.

The fees are $82.00 for the passport and $65.00 for the Consular Report of Birth, for a total of $147. We accept most credit cards, U.S. dollars, won, or traveler's checks. We cannot accept personal checks.

The following additional requirements may also apply, depending on your situation:

Confirmation of paternity if the father is the only U.S. citizen and the parents are not married.

Confirmation of physical presence in the U.S. of the U.S. citizen parent, if the other parent is not a U.S. citizen.

How do I confirm physical presence?

If one parent is a naturalized U.S. citizen and the other is not, the citizen parent must provide evidence of his or her actual presence in the U.S. for five years (two of them after the age of 14) before the birth.

Evidence might include:

U.S. junior high, high school, and/or university transcripts.

Letter of employment from U.S. employer stating work period and location and W-2 or tax returns.

Passports with U.S. and foreign entry stamps and Korean Immigration Entry and Exit Certificate.

LES or DD-214 (for military)

Evidence of having been the unmarried dependents of a U.S. government employee stationed abroad.

Secondary evidence, such as utility bills and rental agreements for a U.S. residence, or payroll records.

If the parents are not married and the mother is a U.S. citizen, she must present evidence of one year's

continual physical presence in the U.S.

How do I confirm paternity?

If the child's parents are not married to each other, or were married to each other after the child's birth, or were married within six months of the birth, the U.S. citizen father must supply the following:

If he is in the U.S. military service, military orders and a service record extract (signed by an official custodian of service records) showing he was assigned to the country where the mother was residing at the time of conception.

If he is a civilian, his U.S. passport showing entry and exit stamps, Korean Immigration records, employment records, or other evidence of his presence in the same country as the mother at the time of conception.

Sworn statements by both parents acknowledging that they are the natural parents of the child. These statements must be signed in person by the parents before a consular officer or a designated military official.

If the child was born when the birth parents had been married for less than six months, a sworn affidavit of paternity from the father (the form is available at the Embassy, military legal offices and on-line) is needed. The affidavit of paternity must be signed in person by the father before a consular officer or a designated military official.

If the child was born out of wedlock, a sworn affidavit from the father agreeing to provide financial support until the child reaches the age of 18. (The form is available at the Embassy, military legal offices and on-line) The affidavit must be signed in person by the father before a consular officer or a designated military official. This is not required if the parents married each other before the child's birth or if the child has been legitimated under the laws of the father's place of legal residence in the U.S.

How do I replace or request additional copies of Consular Report of Birth?

The Embassy cannot provide replacement or extra copies of the Consular Report of Birth Abroad (FS-240). Neither originals nor copies of the Report of Birth are retained at the Embassy. Additional copies are available only by mail. Send your request to:

U.S. Department of State

Passport Services Correspondence Branch

CA/PPT/PS/PC, Suite 510

1111 19th Street NW

Washington, D.C. 20522-1705

Your request should include complete identifying information:

Full name of the child, date and place of birth, names of the parents, the consular office abroad which recorded the birth, the serial number of the Consular Report of Birth, if known.

If the Consular Report of Birth has been lost, stolen or mutilated, the request must include an affidavit setting forth the circumstances on how this occurred.

The charge is $30.00 each.

[Paul Ficca 0]

OK thanks.

Yes my name is on the BC and the country is the Philippines, i have been on there website and it doesn't say much about how long the process takes, it does say there is an interview involved.

thanks for your help you all.