Filing for Spouse & her child?

[abpredator25 0]

Hello,

I'm new to the whole forum thing and I am just looking for some guidance if anyone has any.

I just recently married a Canadian citizen on Dec 29th, 2010 in Chicago. We have planned for her to move down to the states with her 5yr old son. I have a few questions.

Do I have to file a seperate I-130 for her son?

Since the father is not listed on his birth certificate and she has sole custody(never married) do we need to obtain permission from him?

I've read that we have to show evidence of the marriage, other than the license, is their any other proof that we can provide since we just got married not more than a few weeks ago?

If anyone can help with these questions, we would surely appreciate it!

[Canadiandggal 49]

Hello,

I'm new to the whole forum thing and I am just looking for some guidance if anyone has any.

I just recently married a Canadian citizen on Dec 29th, 2010 in Chicago. We have planned for her to move down to the states with her 5yr old son. I have a few questions.

Do I have to file a seperate I-130 for her son? you can send them as one package though.Since the father is not listed on his birth certificate and she has sole custody(never married) do we need to obtain permission from him?

I've read that we have to show evidence of the marriage, other than the license, is their any other proof that we can provide since we just got married not more than a few weeks ago?

If anyone can help with these questions, we would surely appreciate it!

Hello,

Ok,

Yes you must file two i130's one for your wife and one for her son. Also no g325a is needed for the child.

You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know.

You want to show proof of relationship not really proof of marriage, emails,photo logs,chat logs,letters ,cards,plane tickets, hotel receipts , notes from friends, anything that shows you two have a relationship.

http://www.visajourney.com/content/i130guide1

Edited January 13, 2011 by Canadiandggal

[Canadiandggal 49]

Hello,

Ok,

Yes you must file two i130's one for your wife and one for her son. Also no g325a is needed for the child.

You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know.

You want to show proof of relationship not really proof of marriage, emails,photo logs,chat logs,letters ,cards,plane tickets, hotel receipts , notes from friends, anything that shows you two have a relationship.

http://www.visajourney.com/content/i130guide1

I should also mention you can send it all together in one package, My husband sent My son's and mine in one package , both had there own paperclips and checks.

Edited January 13, 2011 by Canadiandggal

[americandiva 0]

Hello that funny , because if your filing a i-130 for your spouse you do not have to file a separate i-130 if the child will come up with the parent. for ir/cr visa the child can migrate with the parent or wait 6mos, but after the 6month date you will have do a i-130 all over.when you do the visa application it will ask you all children , and the children that will migrate.

Hello,

I'm new to the whole forum thing and I am just looking for some guidance if anyone has any.

I just recently married a Canadian citizen on Dec 29th, 2010 in Chicago. We have planned for her to move down to the states with her 5yr old son. I have a few questions.

Do I have to file a seperate I-130 for her son?

Since the father is not listed on his birth certificate and she has sole custody(never married) do we need to obtain permission from him?

I've read that we have to show evidence of the marriage, other than the license, is their any other proof that we can provide since we just got married not more than a few weeks ago?

If anyone can help with these questions, we would surely appreciate it!

[pushbrk 13,254]

You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know.

Never say never. It is well known that in the Philippines, unless the father marries the mother, they have no parental rights, no matter how involved they might be in the child's life. I'm not aware of any other country where it's quite so cut and dried but in the PI, it's that simple. So, now YOU "know".

This is Canada, so a Canada specific answer is needed.

Edited January 14, 2011 by pushbrk

[Canadiandggal 49]

Hello that funny , because if your filing a i-130 for your spouse you do not have to file a separate i-130 if the child will come up with the parent. for ir/cr visa the child can migrate with the parent or wait 6mos, but after the 6month date you will have do a i-130 all over.when you do the visa application it will ask you all children , and the children that will migrate.

I am sorry but you are wrong. A i130 must be filed for a child of a cr-1 , Its called a cr-2, the child is a separate visa petition that is connected together at the NVC stage.

You are giving this person bad information, Unless this has change in the matter of a few months.

Purpose of Form :

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident

[Canadiandggal 49]

Never say never. It is well known that in the Philippines, unless the father marries the mother, they have no parental rights, no matter how involved they might be in the child's life. I'm not aware of any other country where it's quite so cut and dried but in the PI, it's that simple. So, now YOU "know".

This is Canada, so a Canada specific answer is needed.

Pretty sure I was giving a Canada specific answer, but I guess not.

IN most cases IN Canada you need a notarized letter or a court order to leave the country .. I got a court order however there have been people who have moved without any consent when the father was considered unknown (not on the birth certificate)

I would clarify this will NVC or a immigration lawyer.

[canadian_wife 1,829]

Hello that funny , because if your filing a i-130 for your spouse you do not have to file a separate i-130 if the child will come up with the parent. for ir/cr visa the child can migrate with the parent or wait 6mos, but after the 6month date you will have do a i-130 all over.when you do the visa application it will ask you all children , and the children that will migrate.

This is incorrect, please do not post wrong or misleading information. 2 I-130s are needed, 1 for the mother and 1 for the child.

Good luck

[OBX 51]

Pretty sure I was giving a Canada specific answer, but I guess not.

IN most cases IN Canada you need a notarized letter or a court order to leave the country .. I got a court order however there have been people who have moved without any consent when the father was considered unknown (not on the birth certificate)

I would clarify this will NVC or a immigration lawyer.

^^Agree. I believe there have been some Canadian filers that had difficulty with NVC even when the parents never married and the father was not listed on the birth certificate. IMO it would be wise to begin investigating this issue early in the process. Perhaps posting in the Canada forum may elicit some Canada specific replies. Good luck.

[pushbrk 13,254]

Pretty sure I was giving a Canada specific answer, but I guess not.

IN most cases IN Canada you need a notarized letter or a court order to leave the country .. I got a court order however there have been people who have moved without any consent when the father was considered unknown (not on the birth certificate)

I would clarify this will NVC or a immigration lawyer.

This was what you wrote on the subject. "You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know." It's not an answer, much less a Canada specific one. My point is not only is it untrue that you "never know" but you in fact, you "must know". What seems "should be" is of no importance whatsoever. The OP needs a Canada or perhaps even provincial or county specific answer as to what "is".

[Canadiandggal 49]

This was what you wrote on the subject. "You should not have to get permission from his dad if he is not on the birth certificate and does not see his son but you never know." It's not an answer, much less a Canada specific one. My point is not only is it untrue that you "never know" but you in fact, you "must know". What seems "should be" is of no importance whatsoever. The OP needs a Canada or perhaps even provincial or county specific answer as to what "is".

Which is why I said clarify with NVC or a Immigration lawyer. As all I KNOW is that If the father is Involved or on the birth certificate You will NEED a Court order or a Notarized letter from the other parent But I do not KNOW for certain when the father is not present or on the birth certificate. SO my best advice is to seek an answer through NVC and a Lawyer

[pushbrk 13,254]

Which is why I said clarify with NVC or a Immigration lawyer. As all I KNOW is that If the father is Involved or on the birth certificate You will NEED a Court order or a Notarized letter from the other parent But I do not KNOW for certain when the father is not present or on the birth certificate. SO my best advice is to seek an answer through NVC and a Lawyer

NVC won't deal with this issue. Unless a member knows exactly what will be needed, it's best to email the Consulate directly for the answer. I wouldn't pay an attorney just to answer this question. The Consulate will do it for free.

[Canadiandggal 49]

NVC won't deal with this issue. Unless a member knows exactly what will be needed, it's best to email the Consulate directly for the answer. I wouldn't pay an attorney just to answer this question. The Consulate will do it for free.

I guess that would work too, Just expect a long wait to get an answer. It is best that you start emailing them now rather than later on in your journey. E-MAIL: MONTREAL-IV-DV@STATE.GOV

[dan_ling 6]

Yep, I would not waste time and money on what an attorney says need info from the Consulate. Also you will need seperate I-130's for mother and daughter. My friend had an attorney tell him that he did not need a seperate I-130 for the stepdaughter and the mother was approved and the daughter had to start from scratch. Long story short the mother had to come to the US before the 6 month ended and her daughter was processed and approved a few months later.

[abpredator25 0]

WOW!!!

OK Thank you everyone for all the information, we really appreciate it!

One more question...

Will my wife be able to stay with me or visit me while we go through this process? Or does she have to stay in Canada until the process is completed?