Recently returned child what to do??

[fritz123 1]

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

My wife finaly got her GC this month, it took almost 4 years to get with many different small problems. But she has it in her maiden name, the USCIS

couldnt understand that she was married the whole time and we would send in her name as married and ALL their paperwork back to her and I qould say

her maiden...hmmmm. Now its our fault to get it changed on the GC. I have it in their paperwork to us that its their mistake, but we have to pay $370 to

get it changed...HMMMMM. Actually we had to get a Texas congressman involved to get the GC to this point. Why should anything so simple as a visa or

GC need to get to this point as to need to get a high ranking person involved? I called the 800 number to ask questions about the GC 5 different times

and was recorded 2 times. I turned in the correct paperwork for change of address months before to get the GC with her IR1 visa. Everytime I called

they had the old address on file. We would correct it over the phone and also correcedt her name that they still had as her maiden also. All 5 times we

were promised to get it with in 90 days. We would call again a week or so again just to check, ALL the information was the same...NEVER changed. The

last lady I talked with at the service center that I called couldnt even speak english well enough to carry on a conversation. She would ask me to stop

speaking so that she could THINK of the words to use to converse with me. Yes its nessary to have spanich speaking personnel in USCIS also, but they

should also be able to speak english WELL enough to speak to an American that just so happens doesnt speak perfect spanish like our childern are

requested to learn in school now days....hmmm. I am sorry for ranting, but YEAH I do have a problem with this.

ANYWAY I need some good advice on the extra child thing.

Fritz and Imelda

[pushbrk 12,883]

I'm afraid any question you had, got lost in the rant. What's your question?

[payxibka 10,045]

Confusing as he!! Where is your question?

Your wife is here in the USA and has a greencard.... Yes?

Where is this child currently residing? Phillipines?

Agreed pushbrk... I had hoped it was not just me....

Edited September 8, 2008 by fwaguy

[fritz123 1]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

[payxibka 10,045]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

Is the mother in the US with a greencard?

WHERE IS THE CHILD?

If the mother is here and the child is still in the PI, then file an I-130 for the child. Since you don't tell us much I assume it has been more than 1 year since the K-3 was issued therefore follow-to-join (K-4) has expired.

Edited September 8, 2008 by fwaguy

[pushbrk 12,883]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

Is the mother in the US with a greencard?

WHERE IS THE CHILD?

If the mother is here and the child is still in the PI, then file an I-130 for the child. Since you don't tell us much I assume it has been more than 1 year since the K-3 was issued therefore follow-to-join (K-4) has expired.

Again, I wish the OP would actually ask a question. Somewhere in the back of my mind, sticks the idea that once the mother has LPR status, unless the USC step-father already filed an I-130, the LPR mother has to.

So, I think the question is.

If my wife has LPR status, can I still file an I-130 in behalf of my step-son or does his mother have to do it?

If it's been less than a year, since the K3 visa was issued, then you simply contact USEM and start the step-son's follow to join K4 process.

OP, when you respond, please just address the pertinent information you've been asked. All the why and wherefore just confuses the issue. If you have a question, write a sentence that IS a question.

[fritz123 1]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

Is the mother in the US with a greencard?

WHERE IS THE CHILD?

If the mother is here and the child is still in the PI, then file an I-130 for the child. Since you don't tell us much I assume it has been more than 1 year since the K-3 was issued therefore follow-to-join (K-4) has expired.

Actually the child is still in the Philippines and its only been sence March 08 that she got her IR-1 visa and got to the US. We had worked on the K-3 for years and finaly when she went for her interview in Manila the Counsler changed it to the IR-1 himself. So does that change anything? Her other son was on the 130, 129-F and the DS-230 part 1 also. The other son was just on the DS-230.

[payxibka 10,045]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

Is the mother in the US with a greencard?

WHERE IS THE CHILD?

If the mother is here and the child is still in the PI, then file an I-130 for the child. Since you don't tell us much I assume it has been more than 1 year since the K-3 was issued therefore follow-to-join (K-4) has expired.

Actually the child is still in the Philippines and its only been sence March 08 that she got her IR-1 visa and got to the US. We had worked on the K-3 for years and finaly when she went for her interview in Manila the Counsler changed it to the IR-1 himself. So does that change anything? Her other son was on the 130, 129-F and the DS-230 part 1 also. The other son was just on the DS-230.

Each child needs an I-130... File an I-130. No derivative or follow-to-join benefits for IR visa....

[filirican 3]

goodluck! u need I 130. God bless!

[squentna 0]

ANYWAY I need some good advice on the extra child thing. Fritz and Imelda

You have two sons, one 18 yr old, and one who is 8 yrs old. With all the confusion, whose son is whose, the sons not being listed on the I-130 from the start, you will need to create new I-130's for EACH of the children. The 18 year old may be too late depending on how quickly you can act. There is an aging out thing that stops some 18-21 year olds.

The 8 year old may follow if heritage can be established. This may require DNA testing from the sound of things :-) and this is not insurmountable if you already know the answer.

Finally the Green Card in the Maiden Name is no problem. File (the I-130) using the name on the green card, and there is a place on the I-130 to enter any other names you may use (along with the documentation as to why/or how she got the other names.) They (BCIS) can figure it out very easily.

You need a lawyer because it's too complicated. The process is going to cost money.

[pushbrk 12,883]

I'm afraid any question you had, got lost in the rant. What's your question?

I am sorry...but honestly...i am at my wits ends with the endless lack of comunication with USCIS and its experts that work there. This is my question...sorry.

My journey started in Iraq with the perfect Filipina. In June 04 we were married and she had two sons to bring over to the US. All the paperwork was

started and worked out. During this time the oldest son ,18 years old, was disowned by the mother and run off, actually he was very bad. I didnt have a

problem with it. After he was run off a son from another man that IS my new wifes son was returned to her custody. When he was born the father, not

married, took the son to raise as his by himself. When he found out that the mother had married an American he saw a chance for thrie son, now 8

years old, could have a better life in a different country. He returned the son to my wifes custody and now he needs to be put into the visa process also.

We have been working towards this for a while, but now I need some advise. The 130 and 129-F didnt have his name on it, the DS-230 part 1 DID.

Is the mother in the US with a greencard?

WHERE IS THE CHILD?

If the mother is here and the child is still in the PI, then file an I-130 for the child. Since you don't tell us much I assume it has been more than 1 year since the K-3 was issued therefore follow-to-join (K-4) has expired.

Actually the child is still in the Philippines and its only been sence March 08 that she got her IR-1 visa and got to the US. We had worked on the K-3 for years and finaly when she went for her interview in Manila the Counsler changed it to the IR-1 himself. So does that change anything? Her other son was on the 130, 129-F and the DS-230 part 1 also. The other son was just on the DS-230.

Each child needs an I-130... File an I-130. No derivative or follow-to-join benefits for IR visa....

IR1 posting in the K3 forum is the beginning of the confusion.

Anyway, yes, the USC can file an I-130 so the 8 year old son can obtain an IR1 visa. If the child's birth certificate bears the mother's name, that's all the parentage information that will be needed. The father will need to give a letter permitting the son to immigrate but that's later at the Consulate stage.