How to bring my son over here?

[kristinebelle 3]

Hi there I am waiting for my greencard to arrive, I am planning of getting my son he's still in the PH. He is using his dads last name but im not married with his dad. My son is now 4 yrs old. I was wondering what are the requirements for me to bring him over here in the US? my husband wants to adopt him too. do we need a signature from my sons dad for this? also what about annual income of mine since im the one petitioning him.

Thank you

[Darnell 8,479]

i suggest your new husband file an I-130 on the child.

That'll be the fastest ..

No adoption (pre visa interview) required.

The husband will be chasing after a CR-2 visa for the child.

It might have been possible to file a K-2 visa for the child if you were a K-1 visa holder, and to be honest, that's the fastest way for the child to enter the country .

this stuff about 'having the father sign something' isn't needed until the casefile is at the IV Unit in Manila, so plan ahead, aye?

I sure wish I could study your timeline over at http://www.visajourney.com/timeline/profile.php?id=131069

http://www.visajourney.com/timeline/profile.php?id=131069

http://www.visajourney.com/timeline/profile.php?id=131069

then I'd have some idea of a timewindow on you, for if a K-2 is viable at the moment, you really should chase the K-2 this weekend.

Edited June 29, 2013 by Darnell

[kristinebelle 3]

But if my son will come over here can my husband adopt him directly? without his dads signature?

[Darnell 8,479]

studying yer prior posts, I see that your K-1 visa interview date was april 3 2012.

So, a K-2 visa is completely out of the question for your son.

Still, having your husband file the I-130 petition is faster than you filing the I-130 petition.

I suggest you engage with your husband for him to file the I-130.

The things you're asking about , for 'signature from father' fall on 2 areas, really.

1. permission to immigrate letter submitted in with DS-230 during NVC processing (done after the I-130 is approved)

2. any state adoption agency requirements that may or may not cover the pre-requisite for this letter (file adoption after the child arrives in USA).

[kristinebelle 3]

Thank you for your help..I will keep this note. and ask questions again if i get confused

[princess16 0]

I also had two sons from my previous relationship but we weren't married, my choice not his. Both of them uses their father's lastname. I was able to bring both of them, my parents just added them in the application. No questions asked. The embassy in the PH didn't ask anything from the biological father, I guess because in the Philippines if you're a single mom if the kid is below 7 the mother has full custody.

[kristinebelle 3]

Wow that makes me feel good! yes i would love to bring my son ASAP here esp. that im pregnant right now. I dont wanna deal with his dad bc some of the filipino guys (no offense) just dont think about their sons future,we ended our relationship bad so i dont wanna deal with him anymore. Hoping ill get my GC soon so i can start processing papers for my son i still have 3 yrs...

[aaron2020 11,651]

But if my son will come over here can my husband adopt him directly? without his dads signature?

No. The court will require you to notify the father of the court proceedings. Essentially you would be asking a US court to terminate the parental rights of a non-citizen non-resident father. You will need the father's permission for the adoption.

[Darnell 8,479]

Wow that makes me feel good! yes i would love to bring my son ASAP here esp. that im pregnant right now. I dont wanna deal with his dad bc some of the filipino guys (no offense) just dont think about their sons future,we ended our relationship bad so i dont wanna deal with him anymore. Hoping ill get my GC soon so i can start processing papers for my son i still have 3 yrs...

Why would you wait?

You have another avenue available to you -

and that's for your current husband to file the I-130.

What's up with that? Why won't he file an I-130 for your child?

[aaron2020 11,651]

Wow that makes me feel good! yes i would love to bring my son ASAP here esp. that im pregnant right now. I dont wanna deal with his dad bc some of the filipino guys (no offense) just dont think about their sons future,we ended our relationship bad so i dont wanna deal with him anymore. Hoping ill get my GC soon so i can start processing papers for my son i still have 3 yrs...

Why wait? What will change in 3 years?

[princess16 0]

You're a permanent resident? If you are you can file for your child on your own. "Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of Legal Permanent Residents." No need to go through adoption. That's a longer and more expensive process.

As long as you have income, if not just ask your husband to help you with the financial support papers.

[Darnell 8,479]

You're a permanent resident? If you are you can file for your child on your own. "Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of Legal Permanent Residents." No need to go through adoption. That's a longer and more expensive process.

As long as you have income, if not just ask your husband to help you with the financial support papers.

I don't recommend that SHE file, at all.

Why? There will be a wait, anywhere from 5 to 12 years ONCE she has permanent resident status.

Her husband, on the other hand, qualifies to petition the child already, with no waiting (other than the normal queue).

What makes no sense to me, whatsoever, is WHY they not file the K-2 when the time-window was open.

----

The adoption is secondary, to be done after the child arrives in USA, with a waiting period, as well.

it makes more sense (timewise) for the USCitizen, the Husband, to file the I-130 on Monday, prepping all this weekend.

Sure, they'll then be chasing a CR-2 visa, but so what? These things 'go fast' compared to all other avenues she's thinking to try.

[kristinebelle 3]

Oh guys no you mis understood what i said yey..I will let my husband file it for us to get my son

the 3 yrs was not ment for my waiting it was ment for my sons age coz he is 4 yrs old right now.

thanks for your concern guys

[Darnell 8,479]

so, your husband will be the petitioner on the I-130, yes? no ?

Please confirm

[kristinebelle 3]

Why not k2 before? its because my husband and i we're thinking that we might need my sons father's signature and i cant even find him. thats why we did the k1 visa. and my baby will follow after i get my GC that was our plan. and now im just waiting for my GC so yes i will let my husband petition my son.

so i appreciate all your concerns guys

YES my husband is the one who will file the petition not me i was just wondering earlier but YES my awesome husband is the one who will file the papers!