Teb Tengri

On 1/22/2020 at 6:07 AM, ashmed246 said:

The status changed to “card in production” today. Thank you! 

Congratulations

I'm trying to add my wife to my VA disability and they're requesting proof the SS Administration never issued her a social security number. SSA has me going to IRS to get a tax number for her which hopefully will work as proof when I also include her Mexican birth certificate.

Anyone else had this issue and what did you do to resolve it?

On 1/27/2020 at 3:11 PM, pushbrk said:

To pass citizenship directly to a child, the USC parent must have lived in the USA.  You can look up those requirements yourself.

 

A substitute for the father's permission for the child to immigrate or leave Mexico, would be court ordered full custody granted to the mother.

That's what we're maybe looking at. Or me adopting her which would also remove him as father

My wife, God bless her, is trying to say she has heard the father needs to have resided in the US. As I understand that's only for non parent/child sponsors for citizenship and not a CRBA

Whole issue would be easier if the narcos disappeared bio dad 🤣

1 minute ago, NikLR said:

He doesn't need to support her but you can certainly chase that route if he's being obstinate about passing on his citizenship.  Does he meet the requirements for CRBA? If so then she cant get a visa.  You literally need to chase the CRBA and be denied to get her a visa.  Because she wont be in his custody she doesnt automatically acquire citizenship upon entry either.  Either that or have him give up his parental rights so that his child is no longer his child and also cant obtain a CRBA. 

I've gotta wonder if 5 years presence is counted if they live in a Mexican border town and just go to the US every week or whatever but reside in Mexico. Hopefully not but I don't know how easily we could prove that barring a sworn statement from him stating it.

9 minutes ago, Paul & Mary said:

I had time look at you other posts. . .  Are you sure your step daughters father can't transmit citizenship to her?  If he has lived 5 years in the US, 2 of which after age 14, prior to her birth she can file a late CRBA and you are done.  He doesn't have to co-operate.  If the CO determines that he "Could have" transmitted citizenship then your step daughter will be ineligible for a US VISA.

 

We didn't have kids involved in our case and I didn't even marry a Mexican.  I have permanent residency there so we processed thru DCF quickly.   But I volunteer for a NGO doing immigration so . . . 

 

If you can't get the citizenship:

 Do a signed notarized letter from the US from the father and preferably a copy of the bio page of his US Passport.   Or one from the Mexican side.  English is preferred.  Otherwise someone can translate it.  Mexican Notorio isn't the same as Notarized.  Witnessed by another party is fine. Include his CURP number and copy of the IFE or Mexican Passport Bio will suffice.

 

The letter should say that the daughter is allowed to immigrate.  

 

If you are filing stateside . . .

Documents that are included with the petition or go to the NVC should be translated.  Spanish documents are ok at the interview.

 

If you have Mexican Residency you can still file DCF in Mexico City and save some time.   Unfortunately stateside spousal petition interviews are very backed up in CDJ.   DCF interviews are faster.   Ours was 2 months after documentary qualified while stateside petitions were taking 7 to 9 months.  Stateside is taking even longer now.

 

We haven't been to Mexicali since last spring.   My favorite Chinese restaurant, in the world, is Jing Wah.  And I travel to China often.

The issue is he may not want to confer citizenship due to having to sign that he's gonna "support" her. We'd like to have as little involvement as possible with him as he's more Mexican than American. He's one of those who got citizenship through jus soli and speaks Spanish at home and is culturally Mexican. 

If he refused even basic permission our plan is to use child support orders to make him prefer either giving permission and we don't pursue child support or signing off on me being able to adopt. I'd rather not have to beat him up with threats of child support as that would certainly require attorneys.

Wife's been putting off asking him. I'll have to push her to ask.

edit - I may apply for my FM1 or 2 here in Mexico as it isn't expensive, I qualify and filing DCF may be faster. I could also apply for that sweet, sweet firearm possession and import license so I don't have to leave a firearm in AZ and can be armed(at least in my house legally)

4 minutes ago, Paul & Mary said:

You will need a signed letter from the biological father. at interview time.   Your step daughter needs her own petition.

 

We crossed at a land border (Lukeville/Sonoyta), that doesn't see much immigration, and it took two agents to figure it out.   It only took 30  minutes and they we very nice!

Signed, notarized letter at the interview. Was it English or Spanish? Notarized/apostilled? Did you also get a SAM from INM or some other official Mexican INM document or just a free form letter?

What exactly did it state? "I, Guy Gonzalez, give permission for my daughter, Daughter Gonzalez Apellido materno, to apply for and receive an IR2"? Or just "I give permission for her to get a visa(with no mention of type)"?

Did you need the signing bio parents CURP, IFE, passport or anything in addition to the translated, apostilled birth certificate of the child included? 

Thanks for your answer.

Given the low, relative, cost of attorneys in Mexico compared to the US I only plan on paying to have questions answered about what Mexico requires to exit the country with my step daughter and any other confusing stuff.

I'll procure fill out and send all documents myself

I'm certain enough if my wife's requirements to transmit her IR1 but I'm not 100% on what my step daughter will need. Our Mexican marriage certificate is translated and apostilled, wife and daughters birth certificates also translated and apostilled. INM, the Mexican immigration agency, requires a Salida de Menores (SAM) for minors to leave but their requirement is only if none of the biological parents are file. Additionally we live right at a land border and Mexican INM never checks anyone leaving Mexico, least not in the 8 years I've lived here.

I haven't seen any clear indication on US Dept of State websites stating the SAM nor even a signed, notarized consent is required to add my stepdaughter to the applications but I'd like to ask here if anyone knows 

While or after filing my wife's I-130 and the following process and paperwork we're going to need to file for her daughter. I didn't see a separate child forum so I'm posting here.

Aside from the I-130, what do we need from the father? He's a dual Mexican/US citizen but too much of scumbag to be bothered filing for his daughters US citizenship and paying any support.

11 minutes ago, Jmeleecur said:

You need an English translated marriage certificate included, yes.

I assumed so but wanted to check. Do you know if it needs to be apostilled?

2 minutes ago, payxibka said:

The uscis office in CDJ recently closed so not sure which of the remaining offices took jurisdiction.  If you can file locally you can complete the process in months rather than more than a year

Not a huge rush, we still need to figure out what we're going to do with her daughter. As I understand we need the father's permission and he's a deadbeat douchebag and may not give it.

He's also a US citizen so we've debated suing for child support in the US to put pressure on him to either allow the kid to cross or relinquish rights 

1 minute ago, payxibka said:

Where in Mexico do you reside?  You might be eligible to file with the uscis office in either Mexico city or Monterey.   It would be much faster if you are 

Nowhere near either. We are in Mexicali. I can however cross into the US to mail things and receive mail in the US. 

I or we could probably arrange travel to CDMX or Monterrey If it would expedite things.

Do I need a translated and apostilled marriage certificate or just the original and a copy?

What about translation?

1 minute ago, payxibka said:

No apostille required 

 

 

I'm interested to know as well as I receive VA benefits. If I find out I'll reply here 

I'm an American living in Mexico with my wife. As I understand, the first step is to file an I-130 and then after that the NVC will request documents?

Will I need my Mexican marriage certificate translated and apostilled? I receive a VA pension and thus don't file taxes. What documentation aside from a benefit award letter will/can I use for the I-864?