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Swingman_Tomoyo

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Posts posted by Swingman_Tomoyo

  1. He must be adopted, a step-parent relationship is not enough to qualify under the Child Citizenship Act.

    Thanks so much! That's something we wanted to confirm! :)

    From the USCIS site about Citizenship through parents: http://www.uscis.gov...e9dd4aa3210VgnV

    1. The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18th birthday; OR

    • If one parent died, that the surviving parent naturalized before the child turned 18.
    • If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
    • If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.

    NOTE: The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18th birthday.

    2. The child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18th birthday:

    • The adoptive parent adopted the child before his or her 16thbirthday (or, in some cases, 18th birthday) and had legal custody of the child and resided with the child for at least two years; OR
    • The child was admitted to the United States as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; OR

    The child was admitted to the United States as an orphan (IR-4) or Convention adoptee (IH-4) who was coming to the United States to be adopted and the child's adoptive parent(s) completed the adoption before his or her 18th birthday.

    Thanks Let-It-Be! We read this from the USCIS website but maybe we didn't fully understand some part of it. Glad you guys replied! :-)

  2. Hi Guys!

    This is about a friend's case hope you can help us out with this. :-) IR2 child was petitioned by his mom's USC husband and they got approved recently and they're on NVC stage already. Question is, is the child qualified for automatic US citizenship upon entry in the US even if he's not yet adopted by his mom's USC husband? Thanks everyone! :-)

  3. Like what Anh Map said..is your USC husband the biological father of your son? If he is not then chances are ur son is not a USC since u mentioned your son was given an IR2 visa . If your son is a citizen then he don't need to have a visa to come to the United States. I assumed your son is not a citizen yet since you are not sure if he qualifies for a US passport. If you are sure that your son is a US citizen then there is no doubt that he can apply for a US passport.

    Yes my USC husband is the biological father of my son. Actually, I am referring to the Child Citizenship Act http://travel.state.gov/visa/immigrants/types/types_1312.html#7.

    The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

    --> My son was born in the Philippines and was not qualified for Consular Report for Birth Abroad because my husband (his father) was not a US citizen at that time.

    What Are the Requirements of the Child Citizenship Act of 2000?

    The child must meet the following requirements:

    Have at least one American citizen parent by birth or naturalization;

    Be under 18 years of age;

    Live in the legal and physical custody of the American citizen parent; and

    Be admitted as an immigrant for lawful permanent residence.

    Anyway, I just found out the answer to my question now... the link says we don't need to apply for a certificate of citizenship therefore I assume we can go straight to applying for his US passport.

    How Does the Child Get a Passport Under the Child Citizenship Act?

    You will need the following when the child applies for a passport:

    Proof of the child's relationship to the American citizen parent. For the biological child of the American citizen this will be a certified copy of the foreign birth certificate (and translation if not in English). For an adopted child, it is a certified copy of the final adoption decree (and translation if not in English);

    The child's foreign passport showing the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) I-551 stamp in the passport, or the child's permanent resident card (green card);

    Proof of identity of the American citizen parent(s)

    Passport application, passport photographs and fees. Go to Passport Services for forms and full instructions.

    Thanks for your replies everyone! :-)

  4. Hi everyone! I would like to apply for a US passport for my son but I'm not sure what to do or if he's even qualified for that. My US citizen husband petitioned for us and my son was given an IR2 visa. Do we jump straight to applying for a US passport or do we need to apply for a certificate of naturalization/citizenship first (not sure which of the two)? Thanks everyone for your help! :-)

  5. The 2 most common are:

    Beneficiaries CEMAR, this is the document a married person receives fron the NSO if they request a CENOMAR.

    Financials, less common but be sure to have 3 years of Tax Returns or IRS Transcripts just incase.

    Thanks a lot! Will double check our documents for the things you mentioned. I just read a while ago that if your birth certificate was registered late, sometimes the CO will require you to show your Baptismal Certificate. I only have 2 business days left to get it before I head to Manila for the interview... Hope everything works out well. :-)

  6. Hi guys! My son and I will be having our interview on July 10 and I've been thinking hard what else to bring to the interview. I think I've gathered enough personal documents and other evidences but I'm not sure if I'm still missing something. Any ideas what the usual reasons for 221g are? Especially for IR1 cases? Your answers would be much appreciated. :-)

  7. Was your husband a Filipino citizen when you married him? Or, was he a dual citizen? Or, does he have a Pinoy surname? Was he previously married?

    If so, it would make sense to bring along his NSO CRS Form No. 5 - Advisory On Marriages (CENMAR) to your Embassy interview, and especially to your CFO seminar.

    The way to get a CENMAR is to order a CENOMAR from the NSO. If he were not married and had never been married, the NSO would issue him a CRS Form No. 4 (CENOMAR). However, since you two are married, the NSO will issue a CRS Form No. 5 - Advisory on Marriages (CENMAR).

    It sounds like you already have a Certificate of Marriage, which is completely different from a CENOMAR and a CENMAR, so you won't need another one of those.

    To have a look at these documents, please click here.

    He was a Filipino citizen until late July last year. Yes he has a Pinoy surname...and nope he wasn't previously married. I see that it would make sense to bring his CENMAR...I hope I still have time to get it as interview is on July 10 already. I'll go to NSO first thing tomorrow. Thanks a lot Tahoma! :-)

  8. She's asking about her Husbands Cenomar, but Cenomar is a Philippines thing. We don't have them here in the US, and so the only Cenomar they will ask to see is yours. Your husband doesn't have one, and wont' need one.

    Before we got married we were asked to have CENOMAR for the counseling at the city hall. Can we just show that or do I need to order another one for him...just in case CO wants to know if he was married before he married me.

  9. I'm sorry guys for the confusion I'm causing you... but I'm actually talking about the "advisory on marriages"... now I'm not sure what it's called anymore... CENMAR...CENOMAR... but I checked nso.citizenservices.com.ph and they are offering basically 4 services... 1. birth certificate 2. marriage certificate 3. death certificate and 4. Certificate of No Marriage (CENOMAR). I ordered one before and I said CENMAR (I read people using that term here in VJ) luckily the agent understood what I was talking about.

    Checked my title and now I know where the confusion is coming from... I wrote CEMAR instead of CENOMAR or CENMAR.... Sorry about that guys.. Anyway, back to my question... Do you think I should secure a copy for my husband just in case the CO wants to know if he was married before he married me? Thanks guys! :-)

  10. There should be only one CENMAR (certificate of marriage). I don't understand why you think there should be 2 different ones?

    I was just wondering if the CO would want to verify if my husband was married before he married me, in the same way they would want to verify my background. I'm not actually thinking about 2 different documents...just thinking if I can bring my CENMAR (or CEMAR) and my husband's CENMAR. Just to prove we didn't have previous marriages.

    goodluck on your interview. Be sure to have a new CENOMAR even though it is still valid/not expired. Bago ang hinanap sa akin nung ininterview ako, buti na lang nakakuha ako ng bago a week before.

    What if mine's 2 months old? Ok lang ba yun? *nervous*

  11. Moved from IR-1/CR-1 Process & Procedures to Philippines regional forum; topic is country specific.

    Thanks for moving my topic to the right forum... I still haven't figured out how to post on the regional forum. :-( I'll do my best to look for it (again). :-)

  12. Hi guys! My son and I will be having our interview on July 10 (next week na!!!). I already have my CEMAR here with me, question is, do you think I will be asked to show my husband's CEMAR too? As I still don't have it yet... I'm really trying so hard to avoid having 221g.. Any thoughts? :-)

    P.S. not sure if I posted on the Philippine subforum... hope I got this right, though. :-)

  13. Oh, thats fast! I hope we get ours within the same timeframe! We got a checklist because it was improperly filled out or signed at the bottom. Oh well. Any news on your case? It's friday today, so there should be a lot of work getting done at NVC today. LOL

    I hope for a quick response for your case too! :-) Nothing here yet but I hope for a case complete next week. :-) Same here my I-864 was not signed at all that's why we got a checklist for my AOS. :whistle:

  14. What was wrong with your son's i864w? And how many days did it take them to review the new form?

    Actually we sent I-864ez for our son... that's why we got a checklist because I-864w was the proper form to be filled out. From the time we resent the I864 to the time we got his interview letter it took about 17 days. We didn't know then that we could call NVC to follow up on his case.

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