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Filed: Other Country: Philippines
Timeline
Posted

I appreciate all your respond here.! did anyone knows if I could  bring my 11yrs old son here in the united state? If so, how and what forms do I need to sign? I'm not a US citizen but (LPR since 2014 based on CR-1). I know my husband could petition my son but I told him much better if me because he is my son. I'm just confused what the best thing to do. I have plan to apply a US citizenship hopefully before end of this year! Do you think it's easy for me to be a US citizen before I'm going to petition my son? Please help! And send me a link for US citizenship application and if I could apply online? Thank you everyone.!

Filed: AOS (pnd) Country: El Salvador
Timeline
Posted
2 minutes ago, honeypie84 said:

But if my husband petitioned my son he would be getting like mine before a 2yr conditional GC I am right? and so you know what form we need to fill out? 

Your son would get a 10 year green card. I'll give more info in a post below.

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Filed: AOS (pnd) Country: El Salvador
Timeline
Posted
40 minutes ago, honeypie84 said:

I know my husband could petition my son but I told him much better if me because he is my son. I'm just confused what the best thing to do.

I 100% agree with @SusieQQQ, the fastest (and best, imo) would be a petition from your husband. For all green card purposes your son is considered your husband's child; http://www.visajourney.com/content/child: "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18"

For citizenship, your son will automatically become a citizen upon entry IF you have sucessfully naturalized. If you still have not naturalized when your son enters the US, then you have to naturalize before your son turns 18 and you must legally and physically reside together at that time, https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html:

Quote

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

  1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
  2. The child is under the age of eighteen years.
  3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

If the above occurs, your son will be automatically eligible to apply for either the expensive Certificate of Citizenship OR the cheaper U.S. passport.

Otherwise, your son will have to naturalize on his own when he becomes an 18+ adult.

52 minutes ago, honeypie84 said:

Please help! And send me a link for US citizenship application and if I could apply online? Thank you everyone.!

https://www.uscis.gov/n-400 and click the "File Online Now" button

18 minutes ago, honeypie84 said:

and so you know what form we need to fill out? 

Your husband begins the process by filling out the I-130 form for your son: https://www.uscis.gov/i-130

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Filed: AOS (pnd) Country: El Salvador
Timeline
Posted
1 hour ago, TM92 said:

Your husband begins the process by filling out the I-130 form for your son: https://www.uscis.gov/i-130

@honeypie84 here is a guide for your husband, http://www.visajourney.com/content/childpet:

Quote

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate or U.S. passport
  • If you were not born in the U.S., a copy of either: your Certificate of Naturalization or Citizenship OR your U.S. passport
  • A copy of the child's birth certificate showing the child's name and the names of both parents
  • A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)
  • A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  • Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
  • If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

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  • 2 months later...
Filed: Other Country: Philippines
Timeline
Posted

Is my husband could start petition to my son even he don't have passport yet.? Sorry, but when I went home last year for couple weeks didn't get time to travel just to get him a passport and it's a bad weather in my place also, so I'm just wondering if my husband can start the process without my son passport.? Thanks for giving a time to responds my questions! Really appreciate 

Filed: AOS (pnd) Country: El Salvador
Timeline
Posted
1 hour ago, honeypie84 said:

I'm just wondering if my husband can start the process without my son passport.?

Yes, your husband can submit the I-130 without a copy of your son's passport. Your husband just needs to submit a copy of his US citizenship evidence (i.e. US birth certificate, US passport, or Certificate of Naturalization, etc.), a copy of your marriage certificate with a translation if not in English, and a copy of your son's birth certificate (because it shows your name) with a translation if not in English; https://www.visajourney.com/content/childpet

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