last one...i promise...just need more help

[taj'samericanwife 0]

hi everyone. i hope i can get answers in posting my situation here...i Have a son...i am the mother and a natural born

american citizen...i was born in the united states...i did not grow up in the US...i grew in the philippines. my mom was

working in new york when she had me but decided to live in the philippines when i was still an infant.

i never gave up my american citizenship and i never got filipino citizenship. so basically i was an american growing up

in the philippines. i only spent vacations, holidays and summers in america while i was growing up.

i am married to a pakistani...we met in the philippines ( he is on a student visa). i gave birth to our son last 2007 in the

philippines. i tried to get CRBA and a US passport for him because i am am american citizen and I am his biological

mother. but the consular in the us embassy in manila, philippines said my son can not claim his us citizenship because i

have not been present in the united states for 5 years prior to his birth...she adviced that i should petition my son if he

wanted to come to the united states with me, meaning he should get a filipino/pakistani passport for his immigrant visa.

well, my family and i decided for me to come to america first and establish domicile here. so i left my husband and son

back in the philippines. i got a job and i have been away and living here for 7 months now. and i want to petition my

husband and son.

i know that i have to file separate I 130's for each, one for my son and one for my husband...the thing that worried me

the most is that my son's will probably take only a couple of months and his visa will be ready much earlier than his

fathers...after all my son is only a child...and i researched that it would not even take more than 5 months for my son

to get his immigrant visa. and when he does get his immigrant visa, and enters the US it will not be very hard to get his

citizenship because he will be in my custody (USC parent custody). of course i want my family here but i am working...i

work at hospitals and if my son's visa comes earlier than his fathers...how can i take care of him (a 1 year old) alone

and go to work. i wanted my husband to come first and maybe after 3 months my son...so i will see if my husband can

get a job here too and so we can manage out finances before my son comes...of course we want a place well establish

for my son when he enters the U.s.

I am assembling our package and i have most documents with me already. but i am torn about whether i should

already do my son's with my husbands I 130...im sure my husbands will be a longer journey because he might run into

some A.P. (administrative processing) and i dont want him to be left behind. i tried asking some immigration lawyers

but they did not give me an good answer...most of them just commercializing for me to hire their law firm...

i asked that if my send both I 130s at the same time...would my son's affect his fathers by maybe speeding up the

process? or what if i send my husbands now and my son's 2 -3 months later so their visa will be issued together?

please help and advice....i know its a little personal but i want to hear your opinions...

also have a couple of questions regarding filing out the I 130...if i decide to do my husbands and son's I 130 and send together..one for each...in the last question...

1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

(for example this is my husbands I 130)... Name of son...(my son/child)?????

2. Have you ever before filed a petition for this or any other alien? YES (obviously my son)

If "Yes," give name, place and date of filing and result........

Son's name, (place)--don't know yet because im still sending the initial I 130's for each, both of their I 130's going together...(date...the date when i signed their I 130;s??)

please help! greatly appreciated

[Old Dominion 26]

The 1-130 you file for your husband should include your/his baby son, so long as it can be proven that you are the mother and they are father and son. That way, everything happens together. There is no other way to handle it. The real question is what country's passport will they have? That's an issue that can't be resolved in the U.S.A. Perhaps your husband could talk with the Pakistani Embassy in Manila and get one for the son.

[YuAndDan 153]

You are not doing a K-3/K-4? Your post indicates IR-1 and IR-2 for child.

http://www.visajourney.com/timeline/profile.php?id=59188

Moving to CR-1/IR-1 forum.

[taj'samericanwife 0]

The 1-130 you file for your husband should include your/his baby son, so long as it can be proven that you are the mother and they are father and son. That way, everything happens together. There is no other way to handle it. The real question is what country's passport will they have? That's an issue that can't be resolved in the U.S.A. Perhaps your husband could talk with the Pakistani Embassy in Manila and get one for the son.

Thank you...I have been advised from an immigration lawyer, fellow VJers and i think i called USCIS before the holidays if i need to send one for each...one I 130 for my husband and one I 130 for my son, i will call and double check again. i asked one of my co workers and he said he send only one I 130 for his wife...and them when his daughter was born he called and asked them to put his daughter too...but he was not a citizen but an LPR only.

my son can get a pakistani or filipino passport but i think better to get a filipino passport...

any one else?

[geezer 1]

The 1-130 you file for your husband should include your/his baby son, so long as it can be proven that you are the mother and they are father and son. That way, everything happens together. There is no other way to handle it. The real question is what country's passport will they have? That's an issue that can't be resolved in the U.S.A. Perhaps your husband could talk with the Pakistani Embassy in Manila and get one for the son.

Thank you...I have been advised from an immigration lawyer, fellow VJers and i think i called USCIS before the holidays if i need to send one for each...one I 130 for my husband and one I 130 for my son, i will call and double check again. i asked one of my co workers and he said he send only one I 130 for his wife...and them when his daughter was born he called and asked them to put his daughter too...but he was not a citizen but an LPR only.

my son can get a pakistani or filipino passport but i think better to get a filipino passport...

any one else?

What passport did you enter the US on?

That is the countries passport you should use for your because you are in the US and from a practical standpoint you need to file for the passport here. Were you married to your husband when you had your son?

I take it your husband has a Pakastani passport?

You need to file a CR-1/2 the K-3/4 will not work in your situation no matter what passport your son and husband will enter on because once you meet the residency requirements to obtain US citizenship you cannot pass derivative citizenship onto your son with a k-4.

You will want to file both petitions together, they will be processed together which is what you want, if your sons is approved first you simply request the interview not be scheduled until your husband is approved abd his interview scheduled.

Your answers to the questions on the I-130 are correct.

[taj'samericanwife 0]

What passport did you enter the US on?...Like I said, I am an america...of course I entered the U.S. with my american passport.

That is the countries passport you should use for your because you are in the US and from a practical standpoint you need to file for the passport here. Were you married to your husband when you had your son?...yes I was married to my husband when i had my son. american at that time too but gave birth in the philippines

I take it your husband has a Pakastani passport? yes but he lives in the philippines with my son.

You need to file a CR-1/2 the K-3/4 will not work in your situation no matter what passport your son and husband will enter on because once you meet the residency requirements to obtain US citizenship you cannot pass derivative citizenship onto your son with a k-4...i know and i understand that i need to file separate I 130s for each.

You will want to file both petitions together, they will be processed together which is what you want, if your sons is approved first you simply request the interview not be scheduled until your husband is approved abd his interview scheduled.

i see...a VJer suggested that too... and where would i request this? when do i request this? at NVC? do i include it in my letter to USCIS with their I 130s?

Your answers to the questions on the I-130 are correct....thank you

[geezer 1]

What passport did you enter the US on?...Like I said, I am an america...of course I entered the U.S. with my american passport.

That is the countries passport you should use for your because you are in the US and from a practical standpoint you need to file for the passport here. Were you married to your husband when you had your son?...yes I was married to my husband when i had my son. american at that time too but gave birth in the philippines

I take it your husband has a Pakastani passport? yes but he lives in the philippines with my son.

You need to file a CR-1/2 the K-3/4 will not work in your situation no matter what passport your son and husband will enter on because once you meet the residency requirements to obtain US citizenship you cannot pass derivative citizenship onto your son with a k-4...i know and i understand that i need to file separate I 130s for each.

You will want to file both petitions together, they will be processed together which is what you want, if your sons is approved first you simply request the interview not be scheduled until your husband is approved abd his interview scheduled.

i see...a VJer suggested that too... and where would i request this? when do i request this? at NVC? do i include it in my letter to USCIS with their I 130s?

Your answers to the questions on the I-130 are correct....thank you

Sorry I misread your post and thought you were a dual citizen.

I think it would probably be easier for your husband to get your son a Pakastani passport there than your trying to get a Philippine passport through the embassy here. You might want to check into this with both embassies to get an idea of the timeframe. Usually an infants passport is fairly easy to obtain.

You can contact the embassy about scheduling after they receive the packets from the NVC, there is a number to call from here on the Manila embassy website.

[taj'samericanwife 0]

thank you geezer...my son and husband live with my mom and dad in the philippines and my mom takes care of my son while my husband does his rotations at the hospital. i think it would be better for my son to get a philippine passport, my parents can do that, my dad works in the government in the philippines, and you know how it its in 3rd world countries, as long as you know someone in, then youre good.

we will file through the US embassy in manila philippines because that is where my husband lives and he will be working there this whole year...

[geezer 1]

thank you geezer...my son and husband live with my mom and dad in the philippines and my mom takes care of my son while my husband does his rotations at the hospital. i think it would be better for my son to get a philippine passport, my parents can do that, my dad works in the government in the philippines, and you know how it its in 3rd world countries, as long as you know someone in, then youre good.

we will file through the US embassy in manila philippines because that is where my husband lives and he will be working there this whole year...

Thats the best way to go through your parents, getting a Philippine passport for my wife was a nightmare but we got the babies with no problem at all.

[taj'samericanwife 0]

Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.... i was thinking of just sending my birth certificate but maybe i should send my US citizen passport too...do the visas of the countries i have travelled to for vacations/ tourist affect my petition? i.e. ive been to brazill and hong kong...

[geezer 1]

Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.... i was thinking of just sending my birth certificate but maybe i should send my US citizen passport too...do the visas of the countries i have travelled to for vacations/ tourist affect my petition? i.e. ive been to brazill and hong kong...

I would just send your birth certificate, I would not send the passport unless you are also using it to show a bonafide relationship, which dosent appear to be an issue in your case. I was approved for both the CR and K3 visa a few years ago and I sent only what they requested and they went through very quickly

[taj'samericanwife 0]

so the stamps on my US passport would be a problem? it could provide an bona fide marriage because i have stamps there when i left the philippines and came back to the philippines. and thats where my husband and i met...in the philippines. I just dont want to have an RFE...like proving my citizenship...maybe a birth certificate would not be enough?

[geezer 1]

so the stamps on my US passport would be a problem? it could provide an bona fide marriage because i have stamps there when i left the philippines and came back to the philippines. and thats where my husband and i met...in the philippines. I just dont want to have an RFE...like proving my citizenship...maybe a birth certificate would not be enough?

The stamps would not be a problem. Your birth certificate wouild be sufficient but if you will sleep better at night by sending both by all means do.

[taj'samericanwife 0]

Thank you geezer