waiting561

I'm going to keep this as simple as possible. I am a US citizen by birth. I married a non-US citizen about 20 years ago and we obtained an immigrant visa for him and he became a US citizen 10 years ago.
 
We moved back to his home country shortly after he got US citizenship, after 3.5 years as a permanent resident.
 
We were never able to have children. We live in a country where polygamy is legal and he married a local woman as a second wife (while still married to me) in order to have a child.
 
A child has been born and we would like to get him US citizenship. He is not eligible for citizenship from birth because my husband did not spend enough time in the US to pass on his citizenship as the sole citizen parent.
 
However, the child would be automatically eligible for citizenship upon entry to the US on an IR2 visa and his mother is willing to sign a paper giving permission for him to get a US passport, so we are OK on that front. We also do not need an affidavit of support because he would become a citizen upon entry
 
The question remains, what is the best way to apply for the IR2 visa. As I see it, we have 3 options:
 
Because our marriage took place before the baby was born, he is considered my stepchild under US law and therefore I could make the application on his behalf. My husband could make the application as the father of a child born out of wedlock according to INA 309 (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9774.html) on one of the following grounds: he acknowledges paternity of the child under oath the child is legitimated because his marriage to his mother is considered legal in the country we live in even though it is not recognized as such by the US  
I am a bit conflicted over which of these options would be best. Note: From all my reading, no laws have been broken due to the polygamous relationship as he contracted the marriage after becoming a US citizen, and is not using the marriage to claim any benefits from US entities for his second wife. 
 
Option 1 would be the most straightforward, but I wonder whether the consular office would question why I was making the application instead of my husband.
 
However, we are a bit worried about the last two options nevertheless. Acknowledging paternity under oath seems a bit odd because in this country, a man will only be recognized as a father if he is legally married to the mother, so this might look odd when it is not the normal way here. However, the idea of using his marriage to a second wife as legitimated while still married to me as the grounds of the eligibility also feels a bit odd and we worry if there is some hidden issue that could open him up to problems because his second marriage is not considered valid under US law. I have read that refugees are able to bring their children from their second wives with them to the US on visas so I would presume by the same token, the fact that he is born from a second wife should not be an obstacle in theory. Another issue with the options of him applying are that he would need to sign a paper saying he will support the child until he is 18. Not that it is a problem but I just imagine a scenario where the child has an accident while we are in the US and this could be used to suck our bank accounts dry to pay for the hospital bills or something.
 
No matter what option we choose, we do realize the fact that he has contracted the second marriage is going to have to be part of the visa application. However, I am thinking if I make the application at least no one can say he himself is trying to claim any benefits of any kind as someone practicing polygamy.
 
I don't have any specific questions and we most certainly would hire an immigration lawyer before proceeding just to make sure we would put together the application package with all documents that might be required, but I would like to hear anyone's thoughts on this situation. Which option would you choose? Thanks in advance for your answers.
 

Hey everyone, 
 
My girlfriend (US citizen) and I (Italian) want to get married in the US, have me fly home and apply for the CR1 visa. I will be living in Europe while she will be living in the US after we get married. We will visit each other but we won't have a joint bank account (unless we add one another on our respective ones in our countries) and obviously we will not be able to have a joint lease. 
 
How do we prove our marriage is real? We have been dating for 3 years (2 years when we were students at the same university) and have many pictures together and have flight itineraries together. Will that be enough? 
 
Thank you!

Okay, May16, 2017 file date...and we just got RFE for NVC (Nigeria police certificate). My husband did not send the fingerprint card...Now we have to wait on that...We are in April..2018...So realistically, the time line is correct...The file was at Nebraska...I am frustrated at times but you have to be patient...Facetime, whatsapp, came in handy and I recorded everyday moment we had..So I use those to get me through hard moments...

You were just recently married right? So just submit your name at birth police certificate. Don't over think it! If unsure call the local embassy for US and inquire.

I would visit Ja...But look the cost of flight! Why not visit there country again, but go somewhere different. A "STAYCATION".

If you have any experience making explosive or biological agent that is related to your training...Orange agent making ability, chemical warfare etc. Working in a nuclear power plant etc.

I would of course pray! In practicality also if you and your love decide that no matter what happens--the univese will allow you to! Our world is every changing-- make it happen. Sometimes our decision to others do not make sense. Moreover, we have one life to live! Be happy and not content!😉

Had my hard copy of NOA's in the post today. Nice steady progress. No doubt I'll end up with an RFE or RFIE though eventually!

Hi! Recently my friend got a b-2 type US visa for 6 months (She is from Ukraine). When she was applying, the purpose was to attend a language camp and live under "homestay" conditions, so the visa came with the annotation like "Name of the camp", HOMESTAY, CITY, STATE, and that the reason is to study English. After she received her visa, the plans have changed and she does not want to go to the camp (after further research we figured out that the camp does not match her preferences). She doesn't care about losing her deposit (which she paid for the camp), but she still wants to go to the US to see her friend (it is me) and stay with me for a couple weeks. Is it possible to visit the US for tourist purposes, but ignore the annotation and do not attend English courses? If not, what to do if she wants to come here anyway? 
Please, help!!!
 
Thank you!

I got my case number too on the 1st March but I can't login yet... showing the case number is not eligible for processing at this time. I called NVC and I was told to wait for my welcome letter in mail before I can start step 1... this whole process is very stressful 

You're very welcome, trying to attach the medical appointment information, but file is too large, but i'll get it and still attach it