New petitioner! PLEASE HELP...NEW TO ALL THIS

[taj'samericanwife 0]

hi everyone! i am so new to this but im so glad that i found this online. been trying to get help from random people but by just reading everyones forums, im glad that there are couples out there who have or will experience this long journey i am about to embark. but i have a ton of questions! please help me!

ok here it goes...I'm an american citizen. I was born in Long Island New York which makes me an American citizen by birth. My parents are both Filipino. My mother at that time was an immigrant in the United States. When I was still an infant, I went to the Philippines. I never gave up my American citizenship and I never applied for dual citizenship. I grew up in the Philippines and went to school there for elementary, high school and college. I renew my American passport at the US embassy, in Manila Philippines. I would often come to the United States for vacations and holidays. The years and duration of my stay in the United States are as follows: summer (2 months 1993), summer (1 month 1995), summer (1 month 1996), and May – October (2003).

My husband and I met in the Philippines in June 2004. He is Pakistani and he was attending medical school in the Philippines at that time. He was on a student visa.

We decided to get married in the Philippines. Since I was an American citizen, I applied for an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage (http://manila.usembassy.gov/wwwha009.html) from the United States embassy in Manila, Philippines. And since my husband is Pakistani, he also applied for that certificate from the Pakistan embassy in the Philippines. We got married (civil marriage) in the Philippines on October 18, 2007. My son was born October 28, 2007 in the same city.

I thought that my son would automatically be an American citizen too because I was American. But when I tried to apply for his US passport at the US embassy in Manila, the consular told me that I did not meet the Physical presence in requirement United States of U.S. citizen parent(s)...http://manila.usembassy.gov/wwwha003.html#presence. the consular told me that I had to petition my son instead...i was so sad and angry...anyway so whatever fine i couldnt so anything about it.

My family and I decided for me to finish nursing school in the Philippines and come immediately after to the United States. I wanted to claim residency in the United States, apply for a stable job and pursue my nursing career. I wanted to pave the way for my husband and child to come to America.

So on July, 2008, I bought a one way ticket to come live with my sister in Boston, Massachusetts. I have been living here for about 6 months now. I have been employed for 5 months now too. This makes it my first year to file my taxes.

What my family want is to be reunited. The big questions are:

I am aware of the two visas I can petition for my husband and son. The K3 visa is faster to get to the United States but would require more money and more adjustments to get the green card. The Immigrant Visa (IV or CR-1) takes longer but less money and less adjustments to make once my husband is in the United States.

But what I don't understand is how people shift from K3 to CR-1 or how they drop the K3? thats so confusing! i dont get it!

And I understand that with the K3 there is a K4? but i don't wanna put my son under a k4? because he is also my son! if i plan to petition my son as an immigrant visa, do i have to file a separate I-130 for him?

WHERE DO I GET STARTED? I KNOW IT STARTS WITH AN I 130 BUT THEN WHAT? PLEASE SOMEONE HELP ME...SOMEONE WITH THIS EXPERIENCE!

i was thinking of hiring an immigrant lawyer but so far all they ask for is a large fee for their services and im trying to choose the best one! ugh...its so frustrating...i just want my husband here first to help me get more settled and to help me with expenses in then in a few months, my baby can come too!

[Dakine 26]

hi everyone! i am so new to this but im so glad that i found this online. been trying to get help from random people but by just reading everyones forums, im glad that there are couples out there who have or will experience this long journey i am about to embark. but i have a ton of questions! please help me!

ok here it goes...I'm an american citizen. I was born in Long Island New York which makes me an American citizen by birth. My parents are both Filipino. My mother at that time was an immigrant in the United States. When I was still an infant, I went to the Philippines. I never gave up my American citizenship and I never applied for dual citizenship. I grew up in the Philippines and went to school there for elementary, high school and college. I renew my American passport at the US embassy, in Manila Philippines. I would often come to the United States for vacations and holidays. The years and duration of my stay in the United States are as follows: summer (2 months 1993), summer (1 month 1995), summer (1 month 1996), and May – October (2003).

My husband and I met in the Philippines in June 2004. He is Pakistani and he was attending medical school in the Philippines at that time. He was on a student visa.

We decided to get married in the Philippines. Since I was an American citizen, I applied for an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage (http://manila.usembassy.gov/wwwha009.html) from the United States embassy in Manila, Philippines. And since my husband is Pakistani, he also applied for that certificate from the Pakistan embassy in the Philippines. We got married (civil marriage) in the Philippines on October 18, 2007. My son was born October 28, 2007 in the same city.

I thought that my son would automatically be an American citizen too because I was American. But when I tried to apply for his US passport at the US embassy in Manila, the consular told me that I did not meet the Physical presence in requirement United States of U.S. citizen parent(s)...http://manila.usembassy.gov/wwwha003.html#presence. the consular told me that I had to petition my son instead...i was so sad and angry...anyway so whatever fine i couldnt so anything about it.

My family and I decided for me to finish nursing school in the Philippines and come immediately after to the United States. I wanted to claim residency in the United States, apply for a stable job and pursue my nursing career. I wanted to pave the way for my husband and child to come to America.

So on July, 2008, I bought a one way ticket to come live with my sister in Boston, Massachusetts. I have been living here for about 6 months now. I have been employed for 5 months now too. This makes it my first year to file my taxes.

What my family want is to be reunited. The big questions are:

I am aware of the two visas I can petition for my husband and son. The K3 visa is faster to get to the United States but would require more money and more adjustments to get the green card. The Immigrant Visa (IV or CR-1) takes longer but less money and less adjustments to make once my husband is in the United States.

But what I don't understand is how people shift from K3 to CR-1 or how they drop the K3? thats so confusing! i dont get it!

And I understand that with the K3 there is a K4? but i don't wanna put my son under a k4? because he is also my son! if i plan to petition my son as an immigrant visa, do i have to file a separate I-130 for him?

WHERE DO I GET STARTED? I KNOW IT STARTS WITH AN I 130 BUT THEN WHAT? PLEASE SOMEONE HELP ME...SOMEONE WITH THIS EXPERIENCE!

i was thinking of hiring an immigrant lawyer but so far all they ask for is a large fee for their services and im trying to choose the best one! ugh...its so frustrating...i just want my husband here first to help me get more settled and to help me with expenses in then in a few months, my baby can come too!

The way things have been recently I'd just go with the I-130s. Be sure and do one for each. If you end up being married for 2 years when they get their visas the will get 10 year GCs and not have to remove conditions.

Use Ling Che shortcuts or something similiar. No need a lawyer. You may need a cosponsor tho.

Edited December 23, 2008 by Haole

[YuAndDan 153]

You file I-130 for an immigrant visa (IR-1) for spouse, and if you are considering one for your child, then file another I-130 for child (IR-2).

If considering K-3 as an option you file an I-129F for your spouse and indicate your child on the I-129F for a K-4.

Note: From many posts I have seen that K-3 may save you about 30 days as compared to IR-1 visa.

If your spouse wishes to be able to work shortly after entering the USA, then consider just doing the IR-1 and IR-2 visas, the IR-1 visa gets a green-card upon entry to the USA allowing work, K-3 does NOT.

[pushbrk 12,569]

You file I-130 for an immigrant visa (IR-1) for spouse, and if you are considering one for your child, then file another I-130 for child (IR-2).

If considering K-3 as an option you file an I-129F for your spouse and indicate your child on the I-129F for a K-4.

Note: From many posts I have seen that K-3 may save you about 30 days as compared to IR-1 visa.

If your spouse wishes to be able to work shortly after entering the USA, then consider just doing the IR-1 and IR-2 visas, the IR-1 visa gets a green-card upon entry to the USA allowing work, K-3 does NOT.

IR1 and IR2 would also be my recommendation. Use the step by step guides here along with the example forms and form instructions to file an I-130 for each intending immigrant. We'll be here for any remaining questions.

[Dakine 26]

Dan brought up a good point. IRs and CRs get their GCs and SS cards in the mail and can work within a short time of arrival in the US. K3s have to file for AOS and EAD which normally takes about 90 days for the EAD. Can't get a SS card without it or GC. No saying how long it will take to get the GC.

[Boiler 44,865]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

[taj'samericanwife 0]

hi everyone! that was quick! this is so much bettter than waiting for emails from lawyers who just end up saying i need 300$ to answer your questions! thank you guys...

okay so i was just reading another forum from this guy who has the same situation as me. he ended up getting a CR-1 visa and CR-2 for their baby girl. i think its better that way for me too, the CR route because if my husband and I put my son under a K4 if I do the K3 for my husband then...id have to do the following...

5. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement "to file a Form I-130 immigrant visa petition on behalf of the aliens children seeking K4 nonimmigrant status, since K4 is merely a derivative nonimmigrant classification," according to the BCIS rule. K4s are dependent on K3s for their status.

6. However, as the BCIS rule explains, the K4 child will not be able to file for adjustment of status in the United States until the U.S.citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained LPR status, but the child would have to wait for an available visa number. Finally, according to the BCIS rule, as the immigrating parent, upon adjusting status, "would no longer be in K-3 status, the child would no longer be in lawful K-4 status, since this is merely a derivative classification",

and that child would begin to accrue unlawful presence. As the K3/K4 may not change status in the United States to another NIV category (see below), the continued lack of an I-130 petition will eventually create adjustment of status problems for the K4. K4s who do not meet the definition of stepchild in INA 101(B)(1)(B) because the stepchild relationship was not established before the stepchilds 18th birthday will face the same problem K2 derivative children of fiances have long encountered, i.e., the U.S. citizen spouse will be unable to file the I- 130 petition on their behalf. In these cases, the K3 will have to file the petition when he/she obtains LPR status.

source:

http://travel.state.gov/visa/laws/telegram...grams_1431.html

also, if i do it the K3...K4 way then it would be more head ache for my son to file another petition...am i right?

besides...i don't think my son is eligible for the K4 anyway:

33. Note that a child of a U.S. citizen petitioner is not eligible for a K4 visa unless that child is also a derivative child of an eligible K3 spouse. Unlike the K3, the K4 is not a close substitute for an IR2 immigrant visa. Most K4 recipients will probably be stepchildren of U.S. citizen petitioners.

source:

http://travel.state.gov/visa/laws/telegram...grams_1431.html

I also read that i dont need to file for an affidavit of support for my son...

http://travel.state.gov/visa/laws/telegram...grams_1409.html

(someones please confirm this for me)...so when they request for an affidavit of support is my case seen as 2 unit family or 3 with my son? not sure about this one...but the other guy who had the same case as me got exempt.

ok so...if i file next month january...I would be filing for the CR-1 since our second year anniversary is still to come october 18, 2009 but if they get their interview after that date, would the Us embassy give them an IR-2 at time?

do you guys think that if I file january...they would get their interview after october 2009? thats actually better so they can just get the IR-1 and 2 already! no more headache when they come! my husband will get his LPR and my son can apply for citizenship? am i right?

Who is Ling Che? sorry... so clueless

[pushbrk 12,569]

hi everyone! that was quick! this is so much bettter than waiting for emails from lawyers who just end up saying i need 300$ to answer your questions! thank you guys...

okay so i was just reading another forum from this guy who has the same situation as me. he ended up getting a CR-1 visa and CR-2 for their baby girl. i think its better that way for me too, the CR route because if my husband and I put my son under a K4 if I do the K3 for my husband then...id have to do the following...

5. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement "to file a Form I-130 immigrant visa petition on behalf of the aliens children seeking K4 nonimmigrant status, since K4 is merely a derivative nonimmigrant classification," according to the BCIS rule. K4s are dependent on K3s for their status.

6. However, as the BCIS rule explains, the K4 child will not be able to file for adjustment of status in the United States until the U.S.citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained LPR status, but the child would have to wait for an available visa number. Finally, according to the BCIS rule, as the immigrating parent, upon adjusting status, "would no longer be in K-3 status, the child would no longer be in lawful K-4 status, since this is merely a derivative classification",

and that child would begin to accrue unlawful presence. As the K3/K4 may not change status in the United States to another NIV category (see below), the continued lack of an I-130 petition will eventually create adjustment of status problems for the K4. K4s who do not meet the definition of stepchild in INA 101(B)(1)(B) because the stepchild relationship was not established before the stepchilds 18th birthday will face the same problem K2 derivative children of fiances have long encountered, i.e., the U.S. citizen spouse will be unable to file the I- 130 petition on their behalf. In these cases, the K3 will have to file the petition when he/she obtains LPR status.

source:

http://travel.state.gov/visa/laws/telegram...grams_1431.html

also, if i do it the K3...K4 way then it would be more head ache for my son to file another petition...am i right?

besides...i don't think my son is eligible for the K4 anyway:

33. Note that a child of a U.S. citizen petitioner is not eligible for a K4 visa unless that child is also a derivative child of an eligible K3 spouse. Unlike the K3, the K4 is not a close substitute for an IR2 immigrant visa. Most K4 recipients will probably be stepchildren of U.S. citizen petitioners.

source:

http://travel.state.gov/visa/laws/telegram...grams_1431.html

I also read that i dont need to file for an affidavit of support for my son...

http://travel.state.gov/visa/laws/telegram...grams_1409.html

(someones please confirm this for me)...so when they request for an affidavit of support is my case seen as 2 unit family or 3 with my son? not sure about this one...but the other guy who had the same case as me got exempt.

ok so...if i file next month january...I would be filing for the CR-1 since our second year anniversary is still to come october 18, 2009 but if they get their interview after that date, would the Us embassy give them an IR-2 at time?

do you guys think that if I file january...they would get their interview after october 2009? thats actually better so they can just get the IR-1 and 2 already! no more headache when they come! my husband will get his LPR and my son can apply for citizenship? am i right?

Who is Ling Che? sorry... so clueless

I'm confident you're on the right track with the IR1 and IR2 visa track but certainly your son is also your husband's son, so does qualify for a K4. The I-130 for a K4 can be filed by the USC concurrently with the one for the spouse or concurrently with the AOS application. This is all simply moot if you go the immigrant visa route to start with.

I don't know about an Affidavit of Support exemption for your son but if your income is sufficient, it may be simpler just to provide the affadavit.

[YuAndDan 153]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

[pushbrk 12,569]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

Correction, two of the five years residence must have been after, not before the parent was age 14.

[rebeccajo 14]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

Correction, two of the five years residence must have been after, not before the parent was age 14.

Not necessarily.

Depends on the law at the time the child was born.

[Boiler 44,865]

There is a timing issue, the child is likely to receive the IR well before the husband.

I do not have time to check the child citizenship issue.

[pushbrk 12,569]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

Correction, two of the five years residence must have been after, not before the parent was age 14.

Not necessarily.

Depends on the law at the time the child was born.

The law applies in this case and in any case the correct term is "after" not "before". That's what I'm correcting.

[rebeccajo 14]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

Correction, two of the five years residence must have been after, not before the parent was age 14.

Not necessarily.

Depends on the law at the time the child was born.

The law applies in this case and in any case the correct term is "after" not "before". That's what I'm correcting.

Okay.

All I am saying is this. It could be implied (if one is not careful in how they read) as to your comments about what, when, etc. constitues a citizen.

All I am saying is not to apply what you said as categorical. That for each child it will be different.

[pushbrk 12,569]

Nobody has mentioned AP, which seems likely in this case.

I think the child becomes a USC on entry.

Nope child will still be an immigrant and green-card holder.

Mother needed to be resident in the USA for 5 years before child's birth, and at least 2 of the 5 years before age 14.

Ref http://www.uscis.gov/files/article/A4.pdf

Correction, two of the five years residence must have been after, not before the parent was age 14.

Not necessarily.

Depends on the law at the time the child was born.

The law applies in this case and in any case the correct term is "after" not "before". That's what I'm correcting.

Okay.

All I am saying is this. It could be implied (if one is not careful in how they read) as to your comments about what, when, etc. constitues a citizen.

All I am saying is not to apply what you said as categorical. That for each child it will be different.

I was correcting a single error ie. "after" instead of "before". When and where the statement applies has nothing to do with the correction.