Who may file form I-130?

[mejms 0]

I´m reviewing the paperwork for the I-130. At the very beginning the form states who is eligible for it.

A. Your husband or wife.

B. Your unmarried child under age 21.

C. Your unmarried son or daughter age 21 or older.

D. Your married son or daughter of any age.

E. Your brother or sister (you must be age 21 or older).

F. Your mother or father (you must be age 21 or older).

I´m confused mainly by category B.

Wouldn´t this be a matter of a Consular Report of Birth Abroad? Why would a biological child need a petition for a visa at all? Is it because of the age, assuming that the parent didn´t file the Consular Report before the child turned 18?

I´m confused because the I-130 form asks if the beneficiary and petitioner are related by adoption. In the case of petitioning for a child, it would seem that the answer here must be yes, since a biological child wouldn´t be filing for an I-130.

What am I misunderstanding or overlooking?

[amyandjorge 76]

child of a naturalized US citizen (born before US citizenship granted).

[aleful 1,905]

I´m reviewing the paperwork for the I-130. At the very beginning the form states who is eligible for it.

A. Your husband or wife.

B. Your unmarried child under age 21.

C. Your unmarried son or daughter age 21 or older.

D. Your married son or daughter of any age.

E. Your brother or sister (you must be age 21 or older).

F. Your mother or father (you must be age 21 or older).

I´m confused mainly by category B.

Wouldn´t this be a matter of a Consular Report of Birth Abroad? Why would a biological child need a petition for a visa at all? Is it because of the age, assuming that the parent didn´t file the Consular Report before the child turned 18?

I´m confused because the I-130 form asks if the beneficiary and petitioner are related by adoption. In the case of petitioning for a child, it would seem that the answer here must be yes, since a biological child wouldn´t be filing for an I-130.

What am I misunderstanding or overlooking?

you are forgetting that LPR meaning residents can file for unmarried children, whether they are under 21 or over 21. the i130 isn't only for USC.

residents can file for spouses and unmarried children. also, not every USC is elegible for CRBA.

[mejms 0]

I guess my confusion stems from whether to consider a child adopted or not for the purpose of the form.

I´ve lived in Mexico for years and recently completed the adoption of my wife´s biological son. Now this adoption expunges his first birth certificate. There is no annotation or any mention that this birth certificate with my name as the father was processed as a result of an adoption. I can´t say this emphatically enough to clear all confusion, but my son´s birth certificate is identical to my biological daughter´s certificate. There is no adoption decree of any other paperwork either needed or provided to state that he is in fact my son. That paperwork was left behind once this birth certificate was issued. Case closed.

My daughter has her Consular Report of Birth Abroad. Now I understand that, as he is not my biological son, I cannot apply for a Consular Report as I did with my daughter. So I´m applying for an IR-1 visa for my wife and IR-2 for my son. Now when the I-130 form asks if the petitioner and beneficiary are related by adoption, what do I say? If I say yes, I´m asked to provide the adoption decree. It seems like such an adoption would refer to an American citizen adopting a child from abroad. This is simply not the case and there is no proof of adoption. If I say no, am I applying the he is my biological son? There was an adoption at one point, but records now don´t show it nor need to. I don´t want to be accused of lying.

It seems like a Catch-22? Any ideas out there???

Thank you!