I130 Visa, K visa questions

[junsinco1 0]

Hello everyone, i had a few questions that maybe someone has had experience with. I filed an I-130 visa petition for my wife in manila as well as for my 3 year old son. I also had the I129-f etc etc. Well, surprisingly, the I-130 visa for my wife finished before the I129-F and she has her visa already. I was wondering if my son could still come here to the US via the K visa. I just recieved the approval letter for the petition of i129. Hopefully someone can answer. THanks

[Yodrak 7]

junsinco,

A K4 visa is a derivative of a K3 - no K3, no K4.

Yodrak

Hello everyone, i had a few questions that maybe someone has had experience with. I filed an I-130 visa petition for my wife in manila as well as for my 3 year old son. I also had the I129-f etc etc. Well, surprisingly, the I-130 visa for my wife finished before the I129-F and she has her visa already. I was wondering if my son could still come here to the US via the K visa. I just recieved the approval letter for the petition of i129. Hopefully someone can answer. THanks

[aussiewench 9]

Yodrak is correct. An I-130 petition will need to be filed for your son now that the option of gaining a K-4 visa is not available. Out of curiousity, are you his biological father?

Edited August 30, 2006 by aussiewench

[junsinco1 0]

Yup, i am his biological father. I do have an I-130 thats up to the affidavit of support part, but since my wife's i-130 visa will expire in october, if there was a way for him to go with his mom it would be great.

[GarynMarie 0]

Yup, i am his biological father. I do have an I-130 thats up to the affidavit of support part, but since my wife's i-130 visa will expire in october, if there was a way for him to go with his mom it would be great.

I think the reason Aussie wanted to know if you were the biological father is because if I am correct I think your son is automatically a US citizen and all he needs to enter the US is a passport. Im not positive but I really do think this is the case- Good Luck with everything-Gary

[aussiewench 9]

Yup, i am his biological father. I do have an I-130 thats up to the affidavit of support part, but since my wife's i-130 visa will expire in october, if there was a way for him to go with his mom it would be great.

I think the reason Aussie wanted to know if you were the biological father is because if I am correct I think your son is automatically a US citizen and all he needs to enter the US is a passport. Im not positive but I really do think this is the case- Good Luck with everything-Gary

Correct.

junsinco

Was your childs birth registered with the embassy. If not have a read HERE

Edited August 31, 2006 by aussiewench

[junsinco1 0]

Oh, yeah iv'e tried that. That was a failure because i did not meet the requirements where after the age of 14 i had to be in the usa for 5 years. I missed out by 6 months

[junsinco1 0]

I just read that link to the phil embassy site and somehow i think me my wife and or that guy at the embassy misunderstood the rule. I dunno. But if after reading what i just read i am now unsure. Does that mean after my 14th birthday i needed to have accumulated 2 years here in the usa before my sons birth and the 3 years can be any amount of time before that? I am sure i was in the states 2 years after 14, and i was born and raised here all the way till i was in high school. Correct me if i am wrong. Thanks

[aussiewench 9]

I just read that link to the phil embassy site and somehow i think me my wife and or that guy at the embassy misunderstood the rule. I dunno. But if after reading what i just read i am now unsure. Does that mean after my 14th birthday i needed to have accumulated 2 years here in the usa before my sons birth and the 3 years can be any amount of time before that? I am sure i was in the states 2 years after 14, and i was born and raised here all the way till i was in high school. Correct me if i am wrong. Thanks

That is my understanding of it too. Do you have anything that shows you were in the US for this period after the age of 14.

From DOS site

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Edited September 1, 2006 by aussiewench

[junsinco1 0]

I just read that link to the phil embassy site and somehow i think me my wife and or that guy at the embassy misunderstood the rule. I dunno. But if after reading what i just read i am now unsure. Does that mean after my 14th birthday i needed to have accumulated 2 years here in the usa before my sons birth and the 3 years can be any amount of time before that? I am sure i was in the states 2 years after 14, and i was born and raised here all the way till i was in high school. Correct me if i am wrong. Thanks

That is my understanding of it too. Do you have anything that shows you were in the US for this period after the age of 14.

My passport stamps all show me that i was here in the states for 2 years and 1 month. And ive been here in the states from birth till high school. and intermittently after that according to my scholastic records. So you think my son has a big chance at citizenship?

[aussiewench 9]

I just read that link to the phil embassy site and somehow i think me my wife and or that guy at the embassy misunderstood the rule. I dunno. But if after reading what i just read i am now unsure. Does that mean after my 14th birthday i needed to have accumulated 2 years here in the usa before my sons birth and the 3 years can be any amount of time before that? I am sure i was in the states 2 years after 14, and i was born and raised here all the way till i was in high school. Correct me if i am wrong. Thanks

That is my understanding of it too. Do you have anything that shows you were in the US for this period after the age of 14.

My passport stamps all show me that i was here in the states for 2 years and 1 month. And ive been here in the states from birth till high school. and intermittently after that according to my scholastic records. So you think my son has a big chance at citizenship?

It may pay to have a consultation with an attorney just to be 100% as I am not a lawyer, but it is my understanding that if the USC was present in the US for at least 5 years, two of those years at least since the age of 14, then that fulfills the requirement of the law in order for you to register your child as a USC at the embassy abroad.

[meauxna 15]

I just read that link to the phil embassy site and somehow i think me my wife and or that guy at the embassy misunderstood the rule. I dunno. But if after reading what i just read i am now unsure. Does that mean after my 14th birthday i needed to have accumulated 2 years here in the usa before my sons birth and the 3 years can be any amount of time before that? I am sure i was in the states 2 years after 14, and i was born and raised here all the way till i was in high school. Correct me if i am wrong. Thanks

That is my understanding of it too. Do you have anything that shows you were in the US for this period after the age of 14.

My passport stamps all show me that i was here in the states for 2 years and 1 month. And ive been here in the states from birth till high school. and intermittently after that according to my scholastic records. So you think my son has a big chance at citizenship?

It may pay to have a consultation with an attorney just to be 100% as I am not a lawyer, but it is my understanding that if the USC was present in the US for at least 5 years, two of those years at least since the age of 14, then that fulfills the requirement of the law in order for you to register your child as a USC at the embassy abroad.

Hmm, I wonder if just turning in the Report of Birth Abroad with all the appropriate evidence wouldn't be the way to find out? I don't believe there is a penalty for being 'wrong'.

The worst case is that he needs to file I-130 so the child can immigrate and claim citizenship that way.