Gay couple (US citizen and green card holder) still waiting on infant son's case to be complete

[CMKK 1]

I am a US Citizen (female), my wife received her green card last month. Because she carried our son last year, I was not able to transmit my citizenship to him and had to go through the I-130 process. His case is currently with the NVC, waiting for our fees to process so we can fill out the 260 andsend our civil docs. We have requested an expedite due to my il father. We are in a time crunch to be moved over there before Christmas this year, but have only 7-8 weeks left. We need to make a decision soon when to resign from our jobs and start the process of arranging our move. Given that I am a US citizen and Amy now carries a green card, what are our options now? Do we have to wait and see out the remainder of this process? Or is there any option for us to move back with our infant son before the process is complete and complete it from there?

[BuiQuang 95]

he need visa.  u no can move without him getting immigration visa.  entire reason file I-130 is to get visa.  entire reason to file ds260 is for visa.  he need visa to move to US.

[SusieQQQ 11,587]

6 hours ago, CMKK said:

I am a US Citizen (female), my wife received her green card last month. Because she carried our son last year, I was not able to transmit my citizenship to him and had to go through the I-130 process. His case is currently with the NVC, waiting for our fees to process so we can fill out the 260 andsend our civil docs. We have requested an expedite due to my il father. We are in a time crunch to be moved over there before Christmas this year, but have only 7-8 weeks left. We need to make a decision soon when to resign from our jobs and start the process of arranging our move. Given that I am a US citizen and Amy now carries a green card, what are our options now? Do we have to wait and see out the remainder of this process? Or is there any option for us to move back with our infant son before the process is complete and complete it from there?

I’m not clear on your physical location & situation . If she had the kid while an LPR on a temporary visit abroad, if he is under 2 and accompanying her back he won’t need a visa. If she wasn’t an LPR when she had him then I guess he needs a visa.

I can’t quite understand why, if you were a legal parent of the child from birth you can’t transmit citizenship though? But I don’t know all the technicalities of this process admittedly.

Edited October 26, 2017 by SusieQQQ

[SusieQQQ 11,587]

Oh ignore above re LPR bit, I didn’t read the first part of your post properly. Sorry

but were you a legal parent from birth?

Edited October 26, 2017 by SusieQQQ

[CMKK 1]

Yea I'm his legal parent since birth. We're married. I'm on his birth certificate. They say I require a biological connection.  Felt very discriminatory but that's the current wording of the US law. 

[BuiQuang 95]

5 minutes ago, CMKK said:

Yea I'm his legal parent since birth. We're married. I'm on his birth certificate. They say I require a biological connection.  Felt very discriminatory but that's the current wording of the US law. 

not discriminory.  if straight man's wife has baby that is not his, he can not petition child either.  does not matter what birth certificate.

[CMKK 1]

Yes but they admitted at the embassy that they wouldn't have questioned my biological connection if I was a man... there would be no reason to question it... would have just assumed.. so yes, it did feel discriminatory

[BuiQuang 95]

Just now, CMKK said:

Yes but they admitted at the embassy that they wouldn't have questioned my biological connection if I was a man... there would be no reason to question it... would have just assumed.. so yes, it did feel discriminatory

with same sex it is obvious you not biological.  not so obvious with man and woman.  embassy not 100%  baby not his bio child.  for u it is 100% not your bio child.   if child not man bio he no can file too like u.   same result as u.

[CMKK 1]

You are stating the obvious there, of course I realise all of that. I said for the third time it FELT (feel as in the way it made me FEEL) discriminatory. You wouldn't get that I guess. If you can't contribute to my question, stop replying. 

[BuiQuang 95]

19 minutes ago, CMKK said:

You are stating the obvious there, of course I realise all of that. I said for the third time it FELT (feel as in the way it made me FEEL) discriminatory. You wouldn't get that I guess. If you can't contribute to my question, stop replying. 

i tell u WHY you not discriminate against even if u FEEL u discriminate against.  

 

i did contribute.  i told u child need immigration visa.   good luck. 

[CMKK 1]

Dude I know WHY! I never said I WAS discriminated against! Just said FELT. Didn't require your explanation on that. But thanks anyway. 

[CMKK 1]

Even if I Wass sterile guy and my wife and I needed IVF in order to have a child, and because of that I was unable to transmit my citizenship to my child I would feel discriminated by that too. The law needs to catch up to the times. 

[Nitas_man 3,100]

10 hours ago, CMKK said:

Yea I'm his legal parent since birth. We're married. I'm on his birth certificate. They say I require a biological connection.  Felt very discriminatory but that's the current wording of the US law. 

So in this instance they basically seem to be applying the same process to you that would apply to an adopted child?

Edited October 27, 2017 by Nitas_man

[N-o-l-a 7,168]

You'll have to wait on the visa since he can't really be "visiting" if he's moving back with his parents.

 

If it makes you feel any less frustrated, do know that heterosexual couples are sometimes required to submit to DNA tests for CRBAs and other immigration related matters.  It isn't as common, but it does happen.  Years ago, men couldn't even confer citizenship to their children born abroad unless they were married to the mother at some point.

 

Your best bet might be contacting the most gay-friendly senator or representative in your home state and seeing what they might be able to do to speed it along.

[Nitas_man 3,100]

23 hours ago, CMKK said:

I am a US Citizen (female), my wife received her green card last month. Because she carried our son last year, I was not able to transmit my citizenship to him and had to go through the I-130 process. His case is currently with the NVC, waiting for our fees to process so we can fill out the 260 andsend our civil docs. We have requested an expedite due to my il father. We are in a time crunch to be moved over there before Christmas this year, but have only 7-8 weeks left. We need to make a decision soon when to resign from our jobs and start the process of arranging our move. Given that I am a US citizen and Amy now carries a green card, what are our options now? Do we have to wait and see out the remainder of this process? Or is there any option for us to move back with our infant son before the process is complete and complete it from there?

This is a strange timeline.  Your son is how old?  Your wife received a green card last month?  So she has been in the US?  This implies that you filed for her months ago.  So you filed when for her when and your son was born when and where?