Best Approach for IR2 application (involves stepchild/polygamy)

[hm139 55]

Honestly it doesn't sound like intent to re-establish domicile will be too hard to prove if you have a house in the US.

[Ontarkie 14,234]

I'm not going to get into everything that has already been said. I want to point out something that you are missing. 

 

When going to the interview for an IR2 visa the father is going to need custody granted by the courts. He will than also need a letter stating that the mother is giving consent for the child to move permanently to the US. Without these things no visa will be issued. 

 

Next will be the passport. The father not you the step mother can apply for the passport. Once again they will want proof of residence, father's and son's and proof the father has legal physical custody of that child. No court order no passport. Now Will the mother give full custody to your husband? Now this cannot be just her saying yes verbally she would actually need to give him custody. 

Edited September 28, 2018 by Ontarkie

[jan22 3,056]

I recognize you will not like my response, but believe I need to provide it, for the benefit of others on the forum, even if you do not accept it. You have done considerable resaerch, but your understanding of the basics is flawed in some areas.  I will not try to cover all of those areas -- just the most important one. 

 

You are certain that once all four parts of the Child Citizenship Act are met, your child is automatically a US citizen .  You are right.  What you are not right about, however, is that your plan will meet those four requirements. It will not. You are misinterpreting the final one -- "The child is residing in the United States in the physical and legal custody...pursuant to a lawful admission for permanent residence."  The key phrase in that sentence that  makes your plan not work is "...is residing...".  They have started refusing citizenship status to people doing exactly what you are planning -- using an immigrant visa to visit the US, getting a passport, and then leaving immediately.  You have to prove your residency, and the residency of the child, in order for him to qualify for US citizenship. That proof could take various forms but, at a minimum, would require you to provide proof of your residency/address (using things like utility bills, etc), school enrollment ( if your son is school age), US income or financial support, etc.  Mere visiting -- even if entering with an IV --- does not meet the "...is residing..." requirement.

 

[mushroomspore 3,044]

13 minutes ago, Ontarkie said:

I'm not going to get into everything that has already been said. I want to point out something that you are missing. 

 

When going to the interview for an IR2 visa the father is going to need custody granted by the courts. He will than also need a letter stating that the mother is giving consent for the child to move permanently to the US. Without these things no visa will be issued. 

 

Next will be the passport. The father not you the step mother can apply for the passport. Once again they will want proof of residence, father's and son's and proof the father has legal physical custody of that child. No court order no passport. Now Will the mother give full custody to your husband? Now this cannot be just her saying yes verbally she would actually need to give him custody. 

Thank you for this great explanation.

[abum 324]

have you started the petition?

 

for your case, it will fall under INA 320, though when reading INA322, i'm not sure whether you can use that for your case (that is the child enter USA as a visitor and then take the oath of allegiance)

 

How old is the child now?

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10018.html

 

i think this is not a DIY case, quite complicated. I have wondered as well, since USA does not recognize marital relationship where the man marries more than one wife, how would the USA deals with her own citizens practicing bigamy out of the USA and the child of such marriage being treated as. Unfortunate in your case, your husband does not satisfy the 5 years rule. Else you would have not run into this issue.

 

Just to share, for a IR-2 case i had to deal with, the natural born USC had never stepped foot into the US soil after leaving before 2 years old, no bank account, property, job offer, even SSN card, but the petition I-130 went through (though there were other strong factors that might be considered as trying to reestablish domicile - but it was not the doing of the USC herself). And the USC entered the USA for the first time as an adult, along with the child she petitioned for, recently. Still, this is a straight forward case, not a complicated one like yours

[SusieQQQ 11,586]

2 hours ago, HiFi21 said:

 

 

 

I understand some of you may have moral objections, but I would hope you would try to have some sympathy for someone who is stuck between the sometimes contradictory laws of two countries that both have jurisdiction over them and is trying to live their life and follow both laws.

It was however your choice to move back and thus be “stuck between the laws”. The easiest thing to do if the problem of contradictory jurisdiction is a problem, is to choose one country to live in and if it is not the US, forget about acquiring citizenship for the child.

[CEE53147 559]

Wow.  Just when I thought I had heard everything something like this situation is posted.

 

Congrats to those who took the time  and had the patience to provide such detailed explanations.  Good going, guys and gals!