latininNJ

2 minutes ago, Kor2USA said:

You have to file two petitions. 

One for your wife and one for her daughter.

The daughter's case will go through the consulate.

You need to decide where you want your wife's case to process 1.) Here in the States or 2.) Or through the consulate in her home country.

IF you decide to go with option 1 she won't be able to leave the US until she gets advance parole (this is currently taking 8 months).

If she is okay being away from her daughter for that period of time file to adjust status. 

If not just file the I-130 and I-130A for her and she can go back home and wait out the process with her daughter. 

 

Question: How did you wife get to the US? What type of visa is she currently on? 

She has a turist visa and has not overstayed. Can she visit me while the i120 and i130a are being processed?

2 minutes ago, pushbrk said:

AP in this context means Advance Parole.  If your wife adjusts status from within the USA, needs AP in order to come and go from the USA.  Until she HAS...AP....if she leaves, she will not get back in and the Adjustment of Status will not proceed.  You'll lose the I-485 filing fee and need to pursue a visa process instead.

Thank you for clarifying that.

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

1 hour ago, pushbrk said:

The bold, yes.  But, the child is going to stay abroad until the visa is in hand.  Is the mother really ok with that?  If not, do a visa process for both of them, instead of adjusting status for the mother.  This is a serious decision that needs to be completely thought through.

Thanks everybody for the replies.

I will like to know what does AP mean in the bolded sentence?

Thanks

6 hours ago, aaron2020 said:

You will need to file a separate I-130 for her daughter.  You will be the US citizen stepparent petitioner.  It will be a CR-2 case and take about 1-2 years for an immigration visa.  The child could require either written permission from the father to immigrate or a court order allowing the child to immigrate, so be aware of child custody issues.  

 

It will probably take 6-8 months and possibly more for mom to get AP once she files for AOS.  Missing your child is not a reason to expedite AP.  She will be separated from her child for that time. 

So, I got married, yes again. And my wife is present in the US, I am preparing to file I13- and I485 but I have no clue what todo with her 8 yr old daughter. Do I file a I130 or does my wife file it after receiving her Permanent Residence? How would it work?

Thanks

So he can not even use N600?

Hi, my son was born in 1997 and at the time I could not request a Foreign born birth certificate because of the following rule:

- The parent must have lived 5 years prior to the birth of the foreign born child,, of which 2 years must be after parent's 14th birthday.

I was born in the US but my parents moved abroad before I was 14 years old, and I lived there until I was 22 years old. At 22 I moved back to the US and have lived here ever since. I am 40years old right now.

My son is born out of wedlock. I sent his I130 when he was 16 years old, and got approval and visa number when he was 17. After all the delays and DNA test my son finally made it to the US when he was 20 years old.

We recently applied for a US passport but they are requesting an affidavit for my address when I lived abroad and they are asking the same thing as the birth certificate abroad "parent must have lived in the US at least 2 years after 14th birthday" which I don't understand, is it 2 years after 14 years old at ANY time, or AT the time my son was born.

I'm about to hire an attorney only because USCIS makes it so difficult to understand the requirements. I also thought my son would automatically be a US CItizen once he is in the US, or is that ONLY if he is under 18 years old?

My son's CR-1 visa was approved by USCIS. It's on it's way to NVC.

My question is:

Can I preemptively send any forms to expidite the process?

Are there any shortcuts I can take?

Can I have my son, get the medical examen done way before the case is sent to the embassy?

Anything else I can do to expedite the process?

Thanks

The I-130 has been APPROVED!

I am so happy and shocked that my letter actually worked. OMG Yes!!

So, what I did was send a letter stating that I did not have a marriage certificate with his mother. In the letter I also quoted Venezuelan Civil Law to argue that my son is legitimate and if he's legitimate then I do not need to submit further proof nor paperwork.

And it freaking worked.

Thanks everyone especially the user "VZLAN-US-Citizen" Thanks

latininNJ,

The answer is in the form I-130 Instructions, page 3 top right paragraph. Which you can find here:

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

It basically tells you exactly what you need is you are the US Citizen Father petitioning for a child that was born out of wedlock:

4. A child born out of wedlock and you are the father: If the child was not legitimated before reaching 18 years old,

you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

You didn't mention... How old is your son?

He's 18 yrs old. I always sent money but I don't have any of that on hand. I got some pictures but it's going to be hard to get those. Can I just ask them to do a DNA test and that's it?

Since you are Venezuelan would you know if Venezuela considers my son legitimated if I appear in his birth certificate but didn't marry his mother?

Thanks everyone.

How are you petitioning for a spousal visa without a marriage certificate? What am I missing?

good luck

I'm petitioning for my son not my wife. Sorry if my signature confused you, I had forgotten to update it.

So, my first son which I had with a previous woman is the one I'm petitioning for. I never got married with her but my name does appear in his birth certificate.

What should I do?

Thanks

I received an RFE for my son's visa. USCIS is asking for the marriage certificate for me and his mom. You see, we never got married and he was born out of wedlock but my name is in his birth certificate. He also uses my surname in is passport and ID.

Do I just send a letter stating that I do not have a marriage certificate?

Thanks

I am a son born out-of-wedlock.

My father has petitioned me last year. He was approved at USCIS.

Although my father has my name on the birth certificate, the CO still require a DNA test. It might be the relationship's evidence was not tie enough. (No photo in my childhood, just bills and log chats. However, the CO didnt even take a look at them)

So it seems a DNA is deemed sufficient proof. I will follow your case to know the outcome.

I'm sending the I130 along with my Birth Cert, my sons Birth Cert, and some photos. Let's see what happens.

OP, see attachment below. This is an actual RFE I helped my friend in a similar situation as you, respond to back in 2008, even before I found and joined this site. We responded to the various underlined items, and he was approved within 21days of the receipt of the RFE.

You will have to prove a bona fide father-son r/ship and thereby legitimation. (Money transfer receipts are good evidence, even though you say you can't find yours).

Don't forget also that upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001 (CCA 2001), IF, and a big IF you're already a US citizen prior to his birth.

Let me know if you need further guidance and I would be happy to help. Best of luck.

Let me clarify. I'm a US Citizen by birth. When you say "...upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001..." what does "approval" mean? Is after the visa has been issued or what? Will he derive US Citizenship once he enters the US or while he is in Venezuela?

Do you think a DNA test alone is enough?

Thanks

Hello everyone, long no see. First want to thank this community that helped me so much when I petitioned my wife and son almost 8 years ago.

Now it's time for me to petition my son that was born out of wedlock. His mother finally understands that whats best for him right now is to finish his education in the US with me. His mother and I never got married.

The thing is I'm not sure if I should just send his Birth Certificate (which has my name as his father) and my Birth Certificate along with the I130, or do I need to send proof of a bonafide son-father relationship? That's gonna be difficult since I don't have copies of the money transfers I've sent him. I've gone to Venezuela to visit him but other than that I don't know what exactly could constitute proof of father-son relationship.

Thanks.

Edit:

I can't use the US Born Abroad option, because I can't prove that I was in the US for five years before my son's birth date.

OK, I have a friend which is trying to bring his wife and son to the US.

He's a US citizen, he was born in NJ, but was sent to Ecuador as a child, because his mother, a single mother, couldn't bare the costs of a child so she sent him to her sister's home, his aunt, although his mother registered him in the US as Michael Perez, his aunt also registered him in Ecuador as Michael Castro, so here's where the problem is; his US passport and SS card has Michael Perez, but his wife and son have his other last name, which is Castro.

Will there be a problem when filling I-130 for his wife and son, since they have his ecuadorian last name and not his US last name? Or does he just put in "other names used" section his ecuadorian last name. How should he proceed?

Thanks.