cr1/ir1 with stepdaughter

[lufthgiled 6]

This is my friend's question..

A filipino guy with his son came to USA petition by his mom, after living 5yrs in USA got naturalized.

He and his 1st live-in partner got separated (they were not married) but has another child (minor) he sends money and continuously supporting the child.

On 2010 he went here and got married here in Philippines with his new gf (now his wife) they do not have a child on their own.

Questions are:

- how will he get his wife thru cr1/ir1 right? but can he put his own child in the application with his wife even though the child is on his ex's custody?

or

- will he get his wife 1st then if the wife arrives in US, he will file next the child?

thanks!

[Boggy1974 124]

This is my friend's question..

A filipino guy with his son came to USA petition by his mom, after living 5yrs in USA got naturalized.

He and his 1st live-in partner got separated (they were not married) but has another child (minor) he sends money and continuously supporting the child.

On 2010 he went here and got married here in Philippines with his new gf (now his wife) they do not have a child on their own.

Questions are:

- how will he get his wife thru cr1/ir1 right? but can he put his own child in the application with his wife even though the child is on his ex's custody?

or

- will he get his wife 1st then if the wife arrives in US, he will file next the child?

thanks!

You have been married since 2010 so that will make your marriage 3years old...Correct? If that's the case then your wife will be IR1 and get 10yr GC when she arrives in the United States.

What do you mean by "the child is on ex's custody"? Do you mean the child is in the custody of the ex? Please clarify.

You can file two separate I-130s for your wife and step-child and pay the fees for each petition. This is the link to the guide to your wife's process: http://www.visajourney.com/content/i130guide1

For the step-child here's the requirement from the uscis website: Step-parent -

A copy of your step-child’s birth certificate issued by civil authorities

A copy of your civil marriage certificate to your step-child’s biological parent

Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree).

[Penguin_ie 5,993]

**** Moving from K1 fiance visa to general immigration as there are several different questions ****

1. Yes for the wife he needs to file a CR-1 spousal visa, Guide here: http://www.visajourney.com/content/i130guide1

2. He cannot put the child on the same petition, but he CAN petition for the child at the same time, as a immediate relative (minor child of US Citizen). Guide here: http://www.visajourney.com/content/child

[lufthgiled 6]

He is my Fiance's friend.. just to correct..

anyway the minor child is living with her ex-gf but he stills support them.

He (the USC) petitioner is the BIO-father of the minor child.

He married another girl, not the child's mother.

**** Moving from K1 fiance visa to general immigration as there are several different questions ****

1. Yes for the wife he needs to file a CR-1 spousal visa, Guide here: http://www.visajourney.com/content/i130guide1

2. He cannot put the child on the same petition, but he CAN petition for the child at the same time, as a immediate relative (minor child of US Citizen). Guide here: http://www.visajourney.com/content/child

Oh thank you I will send them the link you gave! thank you thank you! again.

GodBless

**** Moving from K1 fiance visa to general immigration as there are several different questions ****

1. Yes for the wife he needs to file a CR-1 spousal visa, Guide here: http://www.visajourney.com/content/i130guide1

2. He cannot put the child on the same petition, but he CAN petition for the child at the same time, as a immediate relative (minor child of US Citizen). Guide here: http://www.visajourney.com/content/child

Hi I also have another topic that I created about mother-in-law I hope you answer my concern about that.. I'll wait your input there. Thanks in advance.

[Boggy1974 124]

You have been married since 2010 so that will make your marriage 3years old...Correct? If that's the case then your wife will be IR1 and get 10yr GC when she arrives in the United States.

What do you mean by "the child is on ex's custody"? Do you mean the child is in the custody of the ex? Please clarify.

You can file two separate I-130s for your wife and step-child and pay the fees for each petition. This is the link to the guide to your wife's process: http://www.visajourney.com/content/i130guide1

For the step-child here's the requirement from the uscis website: Step-parent -

A copy of your step-child’s birth certificate issued by civil authorities

A copy of your civil marriage certificate to your step-child’s biological parent

Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree).

This is extra information for you; filing for step-child relationship:

See 8 CFR 204.2(d)(2)(iv) for information regarding primary evidence for a stepchild.

(A) Creation of the Stepparent-Stepchild Relationship.

A stepchild relationship is created whenever a parent of the child marries someone (other than the child’s other parent) before the child’s 18 th birthday. The relationship is created automatically as a result of the marriage, assuming that the marriage is not a sham or does not violate the Defense of Marriage Act - see Matter of Teng , 15 I. & N. Dec 516 (BIA 1975) and Chapter 21.3 of this field manual.)

(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.

(v) Secondary evidence. When it is established that primary evidence is not available, secondary evidence may be accepted. To determine the availability of primary documents, the Service will refer to the Department of State's Foreign Affairs Manual (FAM). When the FAM shows that primary documents are generally available in the country at issue but the petitioner claims that his or her document is unavailable, a letter from the appropriate registrar stating that the document is not available will be required before the Service will accept secondary evidence. Secondary evidence will be evaluated for its authenticity and credibility. Secondary evidence may take the form of historical evidence; such evidence must have been issued contemporaneously with the event which it documents and may include, but is not limited to, medical records, school records, and religious documents. Affidavits may also be accepted. When affidavits are submitted, they must be sworn to by persons who were born at the time of and who have personal know ledge of the event to which they attest. Any affidavit must contain the affiant's full name and address, date and place of birth, relationship to the party, if any, and complete details concerning how the affiant acquired knowledge of the event.

(vi) Blood tests. The director may require that a specific Blood Group Antigen Test be conducted of the beneficiary and the beneficiary's father and mother. In general, blood tests will be required only after other forms of evidence have proven inconclusive. If the specific Blood Group Antigen Test is also found not to be conclusive and the director determines that additional evidence is needed, a Human Leucocyte Antigen (HLA) test may be requested. Tests will be conducted, at the expense of the petitioner or beneficiar y, by the United States Public Health Service physician who is authorized overseas or by a qualified medical specialist designated by the district director. The results of the test should be reported on Form G-620. Refusal to submit to a Specific Blood Group Antigen or HLA test when requested may constitute a basis for denial of the petition, unless a legitimate religious objection has been established. When a legitimate religious objection is established, alternate forms of evidence may be considered ba sed upon documentation already submitted.

Note that, you file an I-130 form and pay the fees to petition for your step-child, so you do not have to wait for the mother to become a US citizen to petition for her child. Good luck.

Edited February 11, 2013 by Boggy1974

[lufthgiled 6]

This is extra information for you; filing for step-child relationship:

See 8 CFR 204.2(d)(2)(iv) for information regarding primary evidence for a stepchild.

(A) Creation of the Stepparent-Stepchild Relationship.

A stepchild relationship is created whenever a parent of the child marries someone (other than the child’s other parent) before the child’s 18 th birthday. The relationship is created automatically as a result of the marriage, assuming that the marriage is not a sham or does not violate the Defense of Marriage Act - see Matter of Teng , 15 I. & N. Dec 516 (BIA 1975) and Chapter 21.3 of this field manual.)

(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.

(v) Secondary evidence. When it is established that primary evidence is not available, secondary evidence may be accepted. To determine the availability of primary documents, the Service will refer to the Department of State's Foreign Affairs Manual (FAM). When the FAM shows that primary documents are generally available in the country at issue but the petitioner claims that his or her document is unavailable, a letter from the appropriate registrar stating that the document is not available will be required before the Service will accept secondary evidence. Secondary evidence will be evaluated for its authenticity and credibility. Secondary evidence may take the form of historical evidence; such evidence must have been issued contemporaneously with the event which it documents and may include, but is not limited to, medical records, school records, and religious documents. Affidavits may also be accepted. When affidavits are submitted, they must be sworn to by persons who were born at the time of and who have personal know ledge of the event to which they attest. Any affidavit must contain the affiant's full name and address, date and place of birth, relationship to the party, if any, and complete details concerning how the affiant acquired knowledge of the event.

(vi) Blood tests. The director may require that a specific Blood Group Antigen Test be conducted of the beneficiary and the beneficiary's father and mother. In general, blood tests will be required only after other forms of evidence have proven inconclusive. If the specific Blood Group Antigen Test is also found not to be conclusive and the director determines that additional evidence is needed, a Human Leucocyte Antigen (HLA) test may be requested. Tests will be conducted, at the expense of the petitioner or beneficiar y, by the United States Public Health Service physician who is authorized overseas or by a qualified medical specialist designated by the district director. The results of the test should be reported on Form G-620. Refusal to submit to a Specific Blood Group Antigen or HLA test when requested may constitute a basis for denial of the petition, unless a legitimate religious objection has been established. When a legitimate religious objection is established, alternate forms of evidence may be considered ba sed upon documentation already submitted.

Note that, you file the same I-130 for to petition for your step-child, so you do not have to wait for the mother to become a US citizen for to petition for her child. Good luck.

A bit long but informative thank you so much for your input I really appreciate it.

I will send them this infos so that they can prepare the necessary documents and plan first.

God Bless

[Penguin_ie 5,993]

**** closed per OP request *****