AOS Minus One

[Richard-Y-Abigail 18]

We received four Visas, K-1 and a K-2 for our three children. Our youngest is ours together, and the other two are born from another father. We were in the middle of applying for our son's Consular Report of Birth Abroad when my wife (fiance), and three boys received their Visa approval. We left for Ciudad Juarez before we could complete the process. We were able to bring him to the USA on a Mexican Passport and a K-2 Visa, although I have no idea how we pulled that off. We crossed June 4, 2009, four days after the USA started requiring passports for all land crossing POE's. We are applying for their residency permits, although, we are about two years late. We now have the money to have a federal laboratory compare our DNA, since we were not married when our youngest was born (in Sonora, Mexico). Rather than ask a specific question, those who have had experience with this, can you please give us the benefit of your experience. We want our son to have his citizenship here in the United States. Among the obvious, that he cannot have a passport in Mexico, and here also, how can we approach this subject in our interview for AOS? It will be obvious that we will not be applying for his green card.

Also, I have another question, if you do not mind. They all had their vaccinations, TB tests, and physicals after entering into the USA, but since the forms that the doctor filled out (still sealed, by the way), are almost two years old, do we need to return to the doctor and have him fill out the forms once again?

[Inky 1,111]

An immigration medical is only good for 1 year.

All medicals that are older than 1 year will have to be redone by a civil surgeon.

[VanessaTony 3,567]

As your child was/is a USC it was illegal for him to enter on a visa. I hope someone else comes to help you here because I'm not sure what USCIS will expect you to do given you knowingly had your USC child enter on a visa. You should have completed the CRBA first.

Edited June 16, 2011 by Vanessa&Tony

[Richard-Y-Abigail 18]

Thanks for that answer. Do keep in mind that he was not registered and as such was not recognized as a United States Citizen. We made no secret of it to immigration, USCIS, nor the consulate in Ciudad Juarez. He will not be recognized as a citizen UNTIL we submit the paperwork. Until then, we have broken no laws. This is not something that we took lightly, nor ignored, nor covered up. We had been to the American Consulate in Hermosillo, and were in contact with them up until we received the Visa approvals. Unless you are saying that the Consulate broke the law, or USCIS in California, or the NVC, I guess I cannot agree with you. I do value your input. It is just that during this process, if anything has been evident, it is that each case is a little different. By all rights and privilage, he is Mexican, until such time as the United States government recognizes his sovereignty.

[VanessaTony 3,567]

Thanks for that answer. Do keep in mind that he was not registered and as such was not recognized as a United States Citizen. We made no secret of it to immigration, USCIS, nor the consulate in Ciudad Juarez. He will not be recognized as a citizen UNTIL we submit the paperwork. Until then, we have broken no laws. This is not something that we took lightly, nor ignored, nor covered up. We had been to the American Consulate in Hermosillo, and were in contact with them up until we received the Visa approvals. Unless you are saying that the Consulate broke the law, or USCIS in California, or the NVC, I guess I cannot agree with you. I do value your input. It is just that during this process, if anything has been evident, it is that each case is a little different. By all rights and privilage, he is Mexican, until such time as the United States government recognizes his sovereignty.

You will find many many many posts about people who tried to get K2 visas and weren't permitted because the child had a CLAIM to USC. Just because they hadn't claimed yet meant nothing. They had to actually try and claim first.

My friend has a USC child. She gave birth in Aus and went to the US with her son to have him meet his dad (they were not married). She got into some pretty hot water about knowingly having a child with a claim to USC enter on anything but their USC passport.

It would not be the first time USCIS has stuffed up.