Bring Unmarried Child to U.S

[Tim 0]

hello all VJ friends,

my male friend, he is U.S citizen. He is married and has a wife in U.S, but he also has a girfriend oversea

Him and his girlfriend has a son together. Now he's trying to bring his son to U.S, his girlfriend is 100% supporting him. That's enough for his story.

here is question:

he know he's filing form I-130 for his oversea unmarried child. Form I-130 doesn't say anything about required income for sponsoring his child.

does anyone knows about the income?

thanks

tim

[Mononoke28 135]

If he's a US citizen and the child is his biological son, the child will most likely qualify for US citizenship through him. Have they looked at this option instead of filing an I-130 with the USCIS?

Diana

[payxibka 10,045]

This appears to be the wrong route to follow... If the child has a claim of US citizenship, the I-130 will be denied until such time that any claim is resolved. Report of birth abroad and a U S passport maybe all that is needed....

Edited June 9, 2008 by fwaguy

[Tim 0]

fwaguy, mononoke28

thanks for you help, can you guy give me more detail please. example step by sep

thanks guys

tim

[aaron2020 11,651]

Tim - was your friend a US citizen at the time his son was born?

If yes, then follow this link: http://travel.state.gov/passport/get/first/first_828.html

If no, then he needs to petition for his son with an I-130: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

fwaguy, mononoke28

thanks for you help, can you guy give me more detail please. example step by sep

thanks guys

tim

[Gigli2008 70]

Tim - was your friend a US citizen at the time his son was born?

If yes, then follow this link: http://travel.state.gov/passport/get/first/first_828.html

If no, then he needs to petition for his son with an I-130: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

fwaguy, mononoke28

thanks for you help, can you guy give me more detail please. example step by sep

thanks guys

tim

Does the same apply to a Mother/son situation? The USCIS website indicates that a mother who naturalizes automatically gives their children claim to citizenship. Fwaguy answered me in a different forum, I would like to hear from all who have gone through this.

Edited June 11, 2008 by Gigli2008

[payxibka 10,045]

Tim - was your friend a US citizen at the time his son was born?

If yes, then follow this link: http://travel.state.gov/passport/get/first/first_828.html

If no, then he needs to petition for his son with an I-130: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

fwaguy, mononoke28

thanks for you help, can you guy give me more detail please. example step by sep

thanks guys

tim

Does the same apply to a Mother/son situation? The USCIS website indicates that a mother who naturalizes automatically gives their children claim to citizenship. Fwaguy answered me in a different forum, I would like to hear from all who have gone through this.

Start by reading the Child Citizenship Act of 2000...

[Gigli2008 70]

This appears to be the wrong route to follow... If the child has a claim of US citizenship, the I-130 will be denied until such time that any claim is resolved. Report of birth abroad and a U S passport maybe all that is needed....

Thanks Fwaguy

I am pasting below for anyone who might be confused like I was

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

1. Have at least one American citizen parent by birth or naturalization;

2. Be under 18 years of age;

3. Live in the legal and physical custody of the American citizen parent; and

4. Be admitted as an immigrant for lawful permanent residence.

So I guess this means that for my son, I have to first get him in with a greencard, before he can qualify to adjust to US Citizen.

[Tim 0]

aaron2020,

yes, my friend was u.s citizen 10 years ago. anh his child now is only less than a year old.

fwaguy,

after reading this link for "child citizenship act of 2000"

http://www.travel.state.gov/family/adoptio...o/info_457.html

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization (yes)

Be under 18 years of age (yes)

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence. (yes)

after reading this link from "aaron2020"

http://travel.state.gov/passport/get/first/first_828.html

here are steps my friend will do, right guys?

REPORTING THE BIRTH

(1) an official record of the child’s foreign birth

(2) evidence of the parent’ U.S. citizenship (current U.S.passport, and Certificate of Naturalization)

(3) evidence of the parents’ marriage (don't need this because they're not married)

(4) affidavits of parent(s)’ residence and physical presence in the United States.(income tax return, banking statement, bills show address & charges..)

5) receipt of sending money overther to support his child

6) medical records showing him and his child have blood compatibility

7) All evidentiary documents should be certified as true copies of the originals

and translated into english

finally, him and his child will take all these documents (above), then go to u.s consular office and report the birth and apply for "Consular Report of Birth Abroad form FS-240"

question is, what about his child passport? should his child be applied for passport at the consular, too?

am I right all those steps above? please help us out if we missed any thing

your help is greatly appreciated!

thanks

tim

[payxibka 10,045]

If the chid has a claim to US citizenship and this claim is validated, then the US Consulate has the ability to issue the child the passport. So yes, all can and should be done via the consulate.

[Tim 0]

fwaguy & other VJ friends,

assume every thing going smoothly, how long (how many months) from beginning to start processing paper to until, let's say until the time the child is availble to traveling to u.s. do you guys knows how many months for it?

thanks

tim

[payxibka 10,045]

I think in many places this is a process that can be accomplished in weeks. It is somewhat dependant on your ability to provide the required documents and how easily accessible they are to you.

[aaron2020 11,651]

Hey Tim,

Since your friend was a US citizen when his son was born then his son can acquire US citizenship by reporting his birth to a US embassy or consulate. This is the easiest way to get the child admitted to the US. Once the birth is recorded, the US citizen son can get a US passport and travel to the US. Simple and easy.

The Child Citizenship Act of 2000 generally applies to people who adopt foreign children. The child is admitted as a LPR who then apply for US citizenship. This requires a I-130 then an AOS. Why go through this when your friend's son is clearly entitled to US citizenship as the child of a US citizen.

Aaron

aaron2020,

yes, my friend was u.s citizen 10 years ago. anh his child now is only less than a year old.

fw

after reading this link for "child citizenship act of 2000"

http://www.travel.state.gov/family/adoptio...o/info_457.html

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization (yes)

Be under 18 years of age (yes)

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence. (yes)

after reading this link from "aaron2020"

http://travel.state.gov/passport/get/first/first_828.html

here are steps my friend will do, right guys?

REPORTING THE BIRTH

(1) an official record of the child’s foreign birth

(2) evidence of the parent’ U.S. citizenship (current U.S.passport, and Certificate of Naturalization)

(3) evidence of the parents’ marriage (don't need this because they're not married)

(4) affidavits of parent(s)’ residence and physical presence in the United States.(income tax return, banking statement, bills show address & charges..)

5) receipt of sending money overther to support his child

6) medical records showing him and his child have blood compatibility

7) All evidentiary documents should be certified as true copies of the originals

and translated into english

finally, him and his child will take all these documents (above), then go to u.s consular office and report the birth and apply for "Consular Report of Birth Abroad form FS-240"

question is, what about his child passport? should his child be applied for passport at the consular, too?

am I right all those steps above? please help us out if we missed any thing

your help is greatly appreciated!

thanks

tim

[aaron2020 11,651]

P.S.

To transfer custody of the child from the mother in her country to the father in the US, it would be prudent to get a custody agreement that is valid in her country. You don't want an argument in the future where the mother asserts the arrangement was temporary and the child has been kidnapped.

Further if the mother wants to visit the child in the US or to eventually have him petition for her to immigrate, a mother-son relationship should be maintained and the child should not be adopted by your friend's wife. Adoption by the father's wife may (i am not sure about this) terminate a legal mother-son connection.

[Tim 0]

I think in many places this is a process that can be accomplished in weeks. It is somewhat dependant on your ability to provide the required documents and how easily accessible they are to you.

fwaguy,

thanks very much. I told my friend that it takes only few weeks to be able to get his child travel to u.s if all the documents are fully supported. he is very excited about it

Hey Tim,

Since your friend was a US citizen when his son was born then his son can acquire US citizenship by reporting his birth to a US embassy or consulate. This is the easiest way to get the child admitted to the US. Once the birth is recorded, the US citizen son can get a US passport and travel to the US. Simple and easy.

The Child Citizenship Act of 2000 generally applies to people who adopt foreign children. The child is admitted as a LPR who then apply for US citizenship. This requires a I-130 then an AOS. Why go through this when your friend's son is clearly entitled to US citizenship as the child of a US citizen.

aaron2020

wow, thanks. that clear me now. in this case, we dont' even bother "The Child Citizenship Act of 2000", that's cool.

hey guys, I have another question, since my friend has vey low income (based on his income tax return), so, does he need to have income to sponsor his child? if yes, how much income should he have?

p.s he can have his co-sign for income.

thanks

tim