newbie here...totally clueless, please help!

[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! please help me. I understand that i start out with the I 130 then after I get the NOA1, I can sent the I129F form but when i get the NAO2 or when my I 130 gets approved them i can drop the K3? wwwhhhaaattt? oh my gosh i dont get it, please help me.

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!

[taj'samericanwife 0]

hi everyone!

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(cool.gif(1)(cool.gif 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?

so which one is the right one for me CR-1? or K3? can i just do the K3 anyway then drop it later when the CR-1 thingy gets approved? im so clueless...i read people dropping their K3 because their CR-1 came first...wwwhhhaaattt? i dont get it!

[taj'samericanwife 0]

wait still reading and researching...so people drop the K3 petition if the I-130 NOA2 comes first before the I-129F NOA2? you mean i can just file the I-129 too just in case it comes first before the I-130 NOA2? but what about my son? If I file for the I-129? would I have to add him as my husband son? that would lead to the question of him being a k4? please please help me...i know i gotta sleep...have work tomorrow...but i'm gonna file in january already... how can i sleep?

[ruby_jade 0]

decide which one you really want, for me why not apply CR1 and CR2 for your husband and son, its not as fast as K3 but in the long run it will be cheaper...

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?

and yes they will give you an IR1 visa

goodluck!

Edited December 23, 2008 by ruby_jade

[taj'samericanwife 0]

i have a question...if I file for the CR-1 now because we are married for less than two years....and by the time the interview and all that comes...it would probably be passed our two year anniversary which is oct. 18, 2009...my husband and son will get the IR-1 and IR-2 already right? because we passed out two year anniversary? or it depends on the date of filing the I 130 if it is after the 2 year marriage anniv?

[Y's_habibitk 2]

i have a question...if I file for the CR-1 now because we are married for less than two years....and by the time the interview and all that comes...it would probably be passed our two year anniversary which is oct. 18, 2009...my husband and son will get the IR-1 and IR-2 already right? because we passed out two year anniversary? or it depends on the date of filing the I 130 if it is after the 2 year marriage anniv?

They go by the wedding anniversay, not the filing date. the visas/petitions/applications(depending on where in the process you are) will automatically be changed to IR-1/2 after the 2 year mark.

Good Luck and I hope you find the path that works best for you and I hope your family is reunited very soon

Lisa