Child left behind in the Philippines

[Guitarlo 2]

Hello VJ

A friend of mine recently married a Pinay in Minneapolis. She was already here in the States courtesy her parents on an I-130 I presume. She left her baby in the Phillipines. Now she wants to get her child here. She has full custody so no problem there. She filed for an I-130 in February 2009 and the local consulate office told her they were now serving I-130 applications from June 2006?

Do you have a suggestion now that she is married to help expidite the process? Should the husband petition for the child as a step father?

I apologize if this is the wrong forum for the question.

Thanks

[aaron2020 11,651]

Hello VJ

A friend of mine recently married a Pinay in Minneapolis. She was already here in the States courtesy her parents on an I-130 I presume. She left her baby in the Phillipines. Now she wants to get her child here. She has full custody so no problem there. She filed for an I-130 in February 2009 and the local consulate office told her they were now serving I-130 applications from June 2006?

Do you have a suggestion now that she is married to help expidite the process? Should the husband petition for the child as a step father?

I apologize if this is the wrong forum for the question.

Thanks

If her husband is a US citizen, then he should file an I-130 as the child's stepfather. The case would be an Immediate Relative case which means a visa for the child in about 6-12 months.

If her husband is an LPR, there is no advantage to him filing. It would still be an F2a case which would take 4-5 years.

[Guitarlo 2]

If her husband is a US citizen, then he should file an I-130 as the child's stepfather. The case would be an Immediate Relative case which means a visa for the child in about 6-12 months.

If her husband is an LPR, there is no advantage to him filing. It would still be an F2a case which would take 4-5 years.

Thanks for the answer. How does she withdraw/cancel her petition? Or does she need to?

[Guitarlo 2]

Thanks for the answer. How does she withdraw/cancel her petition? Or does she need to?

Also, if the mother or the step dad can't accompany the child for the trip here can a relative escort the child?

[aaron2020 11,651]

Thanks for the answer. How does she withdraw/cancel her petition? Or does she need to?

There is no need for her to withdraw or cancel the petition she has already filed. Wait for the child to arrive in the US on the new petition by the stepdad and then withdraw the petition.

[aaron2020 11,651]

Also, if the mother or the step dad can't accompany the child for the trip here can a relative escort the child?

That's a matter for the airlines and Filipino authorities to decide. Will they let a minor leave the Philippines with a relative? Furthermore, is the relative going to need a visa? The US Embassy is not going to give a Filipino a visa just to accompany an immigrating child to the US. That person must have a separate visa, LPR status or a US citizen.

Furthermore, check with the US Embassy in Manila on the policy on who can accompany the child to the interview and who can authorize the medical. Is the child in the care of a relative who has legal authority to okay a medical for the child. Just because you are someone's uncle, you can't authorize medical tests on a minor without the child's parent signing legal documents in the US. Are there similar laws in the Philippines?

Edited January 9, 2010 by aaron2020

[aaron2020 11,651]

Thanks for the answer. How does she withdraw/cancel her petition? Or does she need to?

I am presuming that the stepfather is a US citizen from you posing this question. You should be clear in the information you present if you want accurate information. We are not detectives on this board.

[Guitarlo 2]

I am presuming that the stepfather is a US citizen from you posing this question. You should be clear in the information you present if you want accurate information. We are not detectives on this board.

Here's the update - The husband is a US Citizen but she filed the I-130 for her daughter before she got married.

She applied for an I-130 last February 2009 for her daughter. Last month she got a notice that the petition was approved. What are her next steps?

Q: what is the timeline from this point?

Q: can her sister bring the child?

Q: The sister with permission escorts the child to the medical exam and Embassy interview?

I read somewhere these things take multiple years? True/False?

Thanks