Mohan bahadur

Category: AOS I-864
My stupid RFE: Filled out I-864 for my Minor Child
What i learned and may be others after me: Fill out and submit I-864w for your child if he/she is younger than 18 years. They become a US citizen no sooner they enter the county. becasue of that , USC children, whether biological or Adopted, do not need AOS support. They are exempt from this since 2000 when Child Citizenship Act of 2000 went into effect.
BTW, here is the law:
A child who is:
◦Born to a U.S. citizen who did not live in (or come to) the United States for therequired period of time prior to the child's birth, or
◦Born to one U.S. citizen parent and one alien parent or two alien parents who naturalize after the child's birth, or
◦Adopted (stepchildren cannot derive or acquire citizenship through their stepparents) and is permanently residing in the United States can become a U.S. citizen by action of law on the date on which all of the following requirements have been met:
■The child was lawfully admitted for permanent residence*; and
■Either parent was a United States citizen by birth or naturalization**; and
■The child was still under 18 years of age; and
■The child was not married; and
■The child was the parent's legitimate child or was legitimated by the parent before the child's 16th birthday (children born out of wedlock who were not legitimated before their 16th birthday do not derive United States citizenship through their father); and
■If adopted, the child met the requirements of section 101(B)(1)(E) or of the Immigration and Nationality Act (INA) and has had a full and final adoption; and
■The child was residing in the United States in the legal custody of the U.S. citizen parent (this includes joint custody); and
■The child was residing in the United States in the physical custody of the U.S. citizen parent.

Sherpa Bhai , Tettile pugla ra
mero bichar ma you can go to eithr Kathmandu Nagarpalika or the place she is from, and have them make one. her mother can claim the date of birth. besides, she can use her Nepalese citizen certificate have them register her birth and create a certificate. once you have the original, get it tanslated in english and notarize it . mero bicharma Kanun Kitab Khanale tranlate garna chodeko suneko chu. tetti bhay NVC lai pugcha.
There was no system to register Nepalese birth at the time. Sabai lai tha bhayekai kura ho. Tesaile yeta pani herau:
Birth Certificates
Available. Reporting of births is voluntary, and records are not standardized. The best available evidence is a typewritten or handwritten letter with rubber seal issued by the secretary of a Village Development Committee (VDC) or mayor of a town where the applicant was born. If the child is born in a hospital, a hospital birth certificate can be issued upon request, but this document usually only records the date of birth, sex of the child, and the names of the child's parents; the name of the child may not be included. Effective April 13, 1977 the Government of Nepal required birth certificates to be issued from the Local Registrar office for the first time in ten districts of Nepal. The districts covered are Banke, Jhapa, Kathmandu, Kanchanpur, Kapilbastu, Mahottari, Morang, Rautahat, Saptari, and Sarlahi. This requirement was later extended to other districts: Bara, Dhanusha, Parsa and Sunsari on January 15, 1979; Siraha on February 13, 1979; Nawalparasi and Rupandehi on March 14, 1979; Bardia, Chitwan, Kailali, Kavrepalanchwok, Kaski, Makwanpur and Palpa on April 14, 1979; Bhaktapur, Lalitpur and Surkhet on February 13, 1980; Dang on March 14, 1980; Dhanding, Nuwakot and Tanahu on December 15, 1980; Dhankuta and Ilam on January 14, 1981; Jumla on March 14, 1981; Gorkha on October 17, 1981; Sindhuli and Udayapur on December 16, 1981; Syangja on January 14, 1982; Sindhupalchowk on February 12, 1982; Rasuwa on March 14, 1982; and eventually covering remaining districts Achham, Arghakhanchi, Baglung, Bajhang, Bajura, Baitadi Bhojpur, Dadeldhura, Dailekh, Darchula, Dolakha, Dolpa, Doti, Gulmi, Humla, Jajarkot, Kalikot, Khotang, Lamjung, Manang, Mugu, Mustang, Myagdi, Okhaldhunga, Panchthar, Parbat, Pyuthan, Ramechhap, Rolpa, Rukum, Salyan, Sankhuwasabha, Solukhumbu, Taplejung, and Terhathum on April 14, 1990. Births after the effective dates corresponding to the districts must be reported to the Local Registrar office in order to obtain a birth certificate. The certificate generally contains the parents’ names, applicant’s name, date and place of birth and the signature and stamp of the issuing official. The certificate is a printed form in which the birth information is handwritten. The birth evidence prior to these effective dates is usually documented by the VDC or a ward office of the locality by issuing a certification to that effect. (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3633.html)
Hope this helps.........

I do not understand what others are talking about. may be we can offer what we know. But bunch of " i am sorry to hear this" is not going to help.
You need to act and act fast. Your I-130 means nothing if it is withdrawn. And since she is pulling the plug off, you better forget about the green card at this stage. She can do that if you have not been to the interview, and this I-130 From Audrey is not going to do any good to you. So try to forget about it as a bad dream. Just dont over react. You have your PHD and the OPT. until then you may also try to find from your professor if you can do Post Doc. I think its the same as OPT but different than a regular OPT. I have seen many POST DOC students where they get paid certain amount for the program. That way your academia wont be screwed, atleast. In the mean time dont give your job search and who knows you may land something.
Now start living like an American, meaning fu** emotions and past. Now on, your priority is you , and you and you and you. if that means you have to leave this country , so be it. now the question is if you have to leave the country why are you worried about the car loan and credit. Screw credit. that isnot important. Credit repairs itself in 7 years or less depending on the case. What is important is your life and your mental sanity.
On the other hand, Make sure you mention on the Divorce complaint that the reason for thi divorce is "Adultery". that means the marriage will be annulled, which means as if you never got married at all, Period. That is a very important base on your divorce complaint, and depending on your state law , if the reason is adultery, you may not have to abide by the for the statutory Seperation period. Also make sure you claim everything you can so that your rights are preserverd in the case of a divorce. Dont let her take a penny away from you, but make her pay for her cheating. and again you will need a lawyer to do this.
Now comes the money part. You need two lawyers , or may be one that knows both divorce and immigration. if you still want to see if you have any chances to continue with the same I-130, Go to AILA.com , find the number and they can refer you to a long list of member immigration attorneys in your area. Many, if you go through Aila, do not charge anything or minimal for initial cosulationa. You should be able to find out if you have any case with our I-130 during the first meeting with a competent lawyer. If a lawyer beats bush too much, screw him. Go to another one. i know a lawyer here in DC area, he will tell you upfront , after looking into any case, whether the case is good enough or not. If it is not , he would nto take it. But if he says it will work then that will work. He is known as Mancini.
Every Monday at 2:00 there are two prominent immigration lawyers come on line and chat. Where they take questions from people like us who dont have alot of money but do have lots of immigration questions. The site is http://www.lawyers.com/discuss-your-legal-issue.html. The next chat is scheduled for May 11, at 2:00 pm. you can submit your questions before hand. And if needed and you are happy with those replying attorneys, you can hire them or they will tell how to, or least they will refer you to some lawyeers in New york.
So bottom line, Screw your depression. Get your act together, dot the eyes and cross the teeth and start working on your life man. This is your priority and you and you and you , only you can untangle this dreaded mess.
Good luck!!