Newbie with some questions

[Gary&Isa 0]

Hi all.

My name's Gary. I'm getting ready to start the process and just looking for validation that I'm going in the right direction along with some questions too.(I've read the guides a few times now)

Our status; I'm a US citizen, married my wife(Dominican Republic) in Sept. 2007 in the Dominican Republic. We have a 2 yr. old daughter, neither have ever left the DR. Obviously, I'll be petitioning for these two. I don't really understand what a CR or IR is but am planning on filing the I-130 and the G-325 forms.

1) Is this the direction I should be going in? I don't see a reason to file the I-129 unless I'm missing something.

2) So from what I gather I'll need to petition each one individually. That means two separate packets; I-130s, G-325, documents, checks, etc. and mail them individually too. Eventually they'll be united as one case. Correct?

3) Documents such as a marriage certificate, birth certificate, passports need to be translated. Do these translated documents need to be notarized?

4) My wife's passport currently holds her maiden name. Will this present a problem down the road or should it be rectified prior to my filing or during the process?

5) My daughter does not have a passport. Can I still file now? Will she need one asap?

I think that's all for now but there will probably be more to come.

I'm grateful for my friend who told me about VJ and look forward to the journey and getting to know some of you too. Now back to more researching.

Thanks,

Gary

[Darnell 8,478]

1. Yes. No I-129F.

2. Yup - usually united at NVC. Submit as 2 seperate petitions, albeit in the same mailing packet. Do not assume evidence in 1 petition will be reviewed for the 2 petition - so make copies as needed, when needed.

3. No, not notarized. These is attestation statement the translator will write/attach to each document. PHOTOCOPIES ONLY for the I-130, ORIGINALS to NVC, later. BIOPAGE of passport, should already be bi-lingual, check it again - IMO - no translation required on passport BIO page.

4. No.

5. At some point, yes - her visa stamp would be going into a passport. However - IF you were a USCitizen prior to her birth (plus some 5 year usa residency clause) AND IF YOU ARE THE BIOLOGICAL father - then she doesn't need the 2nd I-130 - she needs, instead, a 'Consulate Record of Birth Abroad', CRBA, handled at the US Embassy in DR. You can still file now, put 'applied' in the passport # block on the I-130, but - IF yer the father and qualify for CRBA, you should take that route, instead.

Good Luck, and welcome aboard !

Edited May 10, 2010 by Darnell

[Gary&Isa 0]

Thanks Darnell.

I think I'm clear on everything except Q#5. First, I was born here and yes she's my biological daughter. So this CRBA thing needs to be handled at the US Embassy in DR? Is this something that needs to be done asap? What confuses me is do I need to file the I-130 for my daughter still or not? Or do you mean if I have the CRBA then I won't need a I-130 for her. Right?

I'll check into it. Any other info greatly appreciated.

Thanks,

Gary

[Darnell 8,478]

Ya, based on what you've said, you are a qualifying USC - so - you can have yer wife file for a CRBA at the Embassy in DR.

Once the CRBA is issued, then can get a US Passport for the daughter. No I-130 required, then, for the daughter.

There are residency requirements on the USCitizen, but if you meet those (and I think you do) then not need to file this 2nd I-130 petition for yer daughter.

It doesn't need to be done ASAP, if I were doing this, I'd handle it when the NOA-2 notice arrives on the wife's petition (2 to 6 months down the road).

Here's the instructions for The DR - http://santodomingo.usembassy.gov/crba_main-e.html

Edited May 10, 2010 by Darnell

[sulamita 0]

Hi gary,

I m dominican and probably in the same position as you. I am petitioning my husband and have a daughter who was born here in DR where I currently reside with my husband. The report of birth is easier less expensive and much faster.I have an appointment for this may 17 to take application in and to get a second interview for my daughter, let me know if you would need any info.

[Married2009 32]

By the way - you will be looking at the IR1 -

CR - conditional residency - married less than 2 years - spouse will get a conditional 2 year green card - 90 days before the 2 years is up, you will have to file for removal of conditions.

IR - Immediate relative - married over 2 years - spouse will get a 10 year green card, and you will not have to remove conditions.

[Gary&Isa 0]

Hi Sulamita.

Thanks for your input. I have a further question regarding CROBA. The application instructions/info states that, "A croba may be issued for any US citizen child under age 18 who was born abroad and who acquired US citizenship at birth".

Well my wife tells me she declared our daughter as Dominican. Does that mean were out of luck for a CROBA?

Thanks,

Gary

[BigSigh 12]

As long as the US recognizes dual citizenship with the DR, you should be fine. My daughter was born in Peru and is both Peruvian (b/c of being born there and her dad being Peruvian) and USC (b/c I'm a USC). The CRBA isn't very hard to do all all. Seems scarier than it really is.

[Darnell 8,478]

Hi Sulamita.

Thanks for your input. I have a further question regarding CROBA. The application instructions/info states that, "A croba may be issued for any US citizen child under age 18 who was born abroad and who acquired US citizenship at birth".

Well my wife tells me she declared our daughter as Dominican. Does that mean were out of luck for a CROBA?

Thanks,

Gary

No, not out of luck, at all.

Are you on the birth certificate as the father? showing foreign ID ? (usually USA passport #)

[Gary&Isa 0]

Are you on the birth certificate as the father? showing foreign ID ? (usually USA passport #)

Yes my name's on the birth certificate with my PP ID #.

Thanks for replying so fast.

[Gary&Isa 0]

By the way - you will be looking at the IR1 -

CR - conditional residency - married less than 2 years - spouse will get a conditional 2 year green card - 90 days before the 2 years is up, you will have to file for removal of conditions.

IR - Immediate relative - married over 2 years - spouse will get a 10 year green card, and you will not have to remove conditions.

So this naturally defaults to an IR due to the date on the marriage certificate? Or is there something else needed?

[Darnell 8,478]

Nope, that's it !! Only the date on the marriage certificate.

You could get a bit fancy, if you want, in yer coversheets, referencing the I-130 petition AND IR-1 visa, if you like.

[sulamita 0]

Not at all!!!! In fact they require for you to take in her birth certificate to do it. Thatś not a problem at all. You can actually make the appointment online and I can send you the application later on. The cost is 165 dollars thatś including passport fee and I think delivery. Also start getting together the documents such as marriage certificate legalized, babies birth certificate legalized, and proof of your citizenship, passport, birth certificate or naturalization certificate, also proof that you have lived in the US for five years such as statement from social security administration which I believe you can get online for free and/or college transcript for your first interview. At your 2nd interview they will request ultrasound pictures, pictures of mom being pregnat and babys picture for up to this date. Good luck and let me know if you need anything else.

secon

Hi Sulamita.

Thanks for your input. I have a further question regarding CROBA. The application instructions/info states that, "A croba may be issued for any US citizen child under age 18 who was born abroad and who acquired US citizenship at birth".

Well my wife tells me she declared our daughter as Dominican. Does that mean were out of luck for a CROBA?

Thanks,

Gary