step by step process on bringing wife's son to USA

[Stephen7 0]

hi guys! Please help us understand how the process goes in bringing my wife's son in US. Here is our scenario.

My wife recently became a US citizen. she has a minor son who is still in the Philippines when she was single and the biological father is not in the picture at all. For personal reasons we did not bring him here when I petitioned for my wife. We need help on the easiest step by step process on getting him here. Will he be automatically become a us citizen? Thank you so much!

[Carla V 43]

I understand is the same process you did to petition your immediate relative (wife). Now that she is a citizen she will petition for her immediate relative (her son) under the same process she went through... I'm just not sure if the biological father signed his birth certificate and how that could affect the process because if he is the legal father I think she needs a permission to take him out of her country. Good luck!!!!

[kristinebelle 3]

The biological father needs to sign a travel consent since the child is minor. You will also need his signature if you're going to adopt the child. She will also need to see a US consulate officer coz the PH government offices will need the affidavit of support and consent from her, she needs to make sure that whoever is going to accompany her son the name of that person needs to be in all the papers.

[Jawaree 718]

If he gets here before age 18 and mom is a citizen yes

he will get citizen thru her...I don't know your country

specifics on MIA dads however I do know U start with

I130 process with Birth certs, marriage cert. naturalization

proof & whatever else may be needed for that country

[Stephen7 0]

Thank you all! the biological father is not in the birth certificate nor acknowledged my wife's son. my wife has full custody. somebody told us that just apply for his US passport in manila since his mom is a USC. that's why we need help if that is true or not.. thank you again

[Ian H. 207]

Hello,

Since the mom wasn't a USC at the time the child was born, he can't apply for a passport because he isn't a USC yet. However, since your wife is already a USC, she can petition for him and he will come with an IR2 visa.

If the father isn't on the birth cert. that makes things much easier because the mother should be able to take him out of the country without issues, even more so if she has full custody.

Now, since his mom is a USC, upon the chlid entering the US, he will automatically become a USC. Therefore, after the child enters the country and his passport is stamped, his mother can then apply for his US passport because he will be a USC.

Also the child will not need you guys to make the poverty guidelines or the like in order to get a visa. Your wife simply needs to fill out an I-864W in the child's name in order for him to be exempt from the affidavit of support requirements.

FYI, to other posts, having his father listed on the BC wouldn't affect his petition or visa being issued whatsoever, it would (based on the laws of the country) affect the child upon exiting the country. Simply being petitioned or having a visa issued wouldn't circumvent a country's custody laws. My mother, for example, didn't require my father's permission in order to get my visa issued, (as is the case of other people I know) she did however need his permission when we left the country.

Thank you all! the biological father is not in the birth certificate nor acknowledged my wife's son. my wife has full custody. somebody told us that just apply for his US passport in manila since his mom is a USC. that's why we need help if that is true or not.. thank you again

[Stephen7 0]

Hello,

Since the mom wasn't a USC at the time the child was born, he can't apply for a passport because he isn't a USC yet. However, since your wife is already a USC, she can petition for him and he will come with an IR2 visa.

If the father isn't on the birth cert. that makes things much easier because the mother should be able to take him out of the country without issues, even more so if she has full custody.

Now, since his mom is a USC, upon the chlid entering the US, he will automatically become a USC. Therefore, after the child enters the country and his passport is stamped, his mother can then apply for his US passport because he will be a USC.

Also the child will not need you guys to make the poverty guidelines or the like in order to get a visa. Your wife simply needs to fill out an I-864W in the child's name in order for him to be exempt from the affidavit of support requirements.

FYI, to other posts, having his father listed on the BC wouldn't affect his petition or visa being issued whatsoever, it would (based on the laws of the country) affect the child upon exiting the country. Simply being petitioned or having a visa issued wouldn't circumvent a country's custody laws. My mother, for example, didn't require my father's permission in order to get my visa issued, (as is the case of other people I know) she did however need his permission when we left the country.

thank you so much for the very clear answer. we appreciate it ..have a great day

[mauidennis 1]

she did however need his permission when we left the country.

In what way did she get permission? A travel consent letter?

[Ian H. 207]

Well, that depends on the country. In the DR where I'm from, consent is given through a special form that you get from the immigration authorities in the country and you present it at the airport when leaving. This however was rarely enforced way back when, especially if the child was traveling with the mother. After becoming an LPR, my mother traveled plenty of times with my brother and me, and she never needed consent from my dad. In my country, they don't require consent once the child is a resident in another country.

Here in the US, consent is given when issuing a passport, so generally you don't need consent from the other parent to leave the country because it was already given when you applied for the child's passport. That's not to say however, that the child wouldn't need a letter authorizing the travel plus whatever requirements the receiving country has.

All I know is that the US doesn't require consent in order to issue the visa, at least not in the DR. The consent is something that has to be in the requirements of the country the child lives in or is leaving from.

Some countries allow simple notarized letters, others require special consent forms that have to be verified by the appropriate authorities and some countries require only that one parent travel with the child.

I can see you are petitioning from China, so you would have to find out with the Chinese embassy/consulate what the requirements are for exiting minors.

In what way did she get permission? A travel consent letter?