Stepchild Visa App With Wife's IR1

[Teb Tengri 0]

I'm certain enough if my wife's requirements to transmit her IR1 but I'm not 100% on what my step daughter will need. Our Mexican marriage certificate is translated and apostilled, wife and daughters birth certificates also translated and apostilled. INM, the Mexican immigration agency, requires a Salida de Menores (SAM) for minors to leave but their requirement is only if none of the biological parents are file. Additionally we live right at a land border and Mexican INM never checks anyone leaving Mexico, least not in the 8 years I've lived here.

 

I haven't seen any clear indication on US Dept of State websites stating the SAM nor even a signed, notarized consent is required to add my stepdaughter to the applications but I'd like to ask here if anyone knows 

[LilyJ 1,258]

Just a note that IR1 visas/I130 petitions don’t have derivatives so your stepdaughter will need her own petition for an IR2 visa as she can’t be added to the mother’s 

[Just Paul 4,595]

You will need a signed letter from the biological father. at interview time.   Your step daughter needs her own petition.

 

We crossed at a land border (Lukeville/Sonoyta), that doesn't see much immigration, and it took two agents to figure it out.   It only took 30  minutes and they we very nice!

[Teb Tengri 0]

4 minutes ago, Paul & Mary said:

You will need a signed letter from the biological father. at interview time.   Your step daughter needs her own petition.

 

We crossed at a land border (Lukeville/Sonoyta), that doesn't see much immigration, and it took two agents to figure it out.   It only took 30  minutes and they we very nice!

Signed, notarized letter at the interview. Was it English or Spanish? Notarized/apostilled? Did you also get a SAM from INM or some other official Mexican INM document or just a free form letter?

 

What exactly did it state? "I, Guy Gonzalez, give permission for my daughter, Daughter Gonzalez Apellido materno, to apply for and receive an IR2"? Or just "I give permission for her to get a visa(with no mention of type)"?

 

Did you need the signing bio parents CURP, IFE, passport or anything in addition to the translated, apostilled birth certificate of the child included? 

 

Thanks for your answer.

[Just Paul 4,595]

4 minutes ago, Teb Tengri said:

Signed, notarized letter at the interview. Was it English or Spanish? Notarized/apostilled? Did you also get a SAM from INM or some other official Mexican INM document or just a free form letter?

 

What exactly did it state? "I, Guy Gonzalez, give permission for my daughter, Daughter Gonzalez Apellido materno, to apply for and receive an IR2"? Or just "I give permission for her to get a visa(with no mention of type)"?

 

Did you need the signing bio parents CURP, IFE, passport or anything in addition to the translated, apostilled birth certificate of the child included? 

 

Thanks for your answer.

I had time look at you other posts. . .  Are you sure your step daughters father can't transmit citizenship to her?  If he has lived 5 years in the US, 2 of which after age 14, prior to her birth she can file a late CRBA and you are done.  He doesn't have to co-operate.  If the CO determines that he "Could have" transmitted citizenship then your step daughter will be ineligible for a US VISA.

 

We didn't have kids involved in our case and I didn't even marry a Mexican.  I have permanent residency there so we processed thru DCF quickly.   But I volunteer for a NGO doing immigration so . . . 

 

If you can't get the citizenship:

 Do a signed notarized letter from the US from the father and preferably a copy of the bio page of his US Passport.   Or one from the Mexican side.  English is preferred.  Otherwise someone can translate it.  Mexican Notorio isn't the same as Notarized.  Witnessed by another party is fine. Include his CURP number and copy of the IFE or Mexican Passport Bio will suffice.

 

The letter should say that the daughter is allowed to immigrate.  

 

If you are filing stateside . . .

Documents that are included with the petition or go to the NVC should be translated.  Spanish documents are ok at the interview.

 

If you have Mexican Residency you can still file DCF in Mexico City and save some time.   Unfortunately stateside spousal petition interviews are very backed up in CDJ.   DCF interviews are faster.   Ours was 2 months after documentary qualified while stateside petitions were taking 7 to 9 months.  Stateside is taking even longer now.

 

We haven't been to Mexicali since last spring.   My favorite Chinese restaurant, in the world, is Jing Wah.  And I travel to China often.

[Teb Tengri 0]

9 minutes ago, Paul & Mary said:

I had time look at you other posts. . .  Are you sure your step daughters father can't transmit citizenship to her?  If he has lived 5 years in the US, 2 of which after age 14, prior to her birth she can file a late CRBA and you are done.  He doesn't have to co-operate.  If the CO determines that he "Could have" transmitted citizenship then your step daughter will be ineligible for a US VISA.

 

We didn't have kids involved in our case and I didn't even marry a Mexican.  I have permanent residency there so we processed thru DCF quickly.   But I volunteer for a NGO doing immigration so . . . 

 

If you can't get the citizenship:

 Do a signed notarized letter from the US from the father and preferably a copy of the bio page of his US Passport.   Or one from the Mexican side.  English is preferred.  Otherwise someone can translate it.  Mexican Notorio isn't the same as Notarized.  Witnessed by another party is fine. Include his CURP number and copy of the IFE or Mexican Passport Bio will suffice.

 

The letter should say that the daughter is allowed to immigrate.  

 

If you are filing stateside . . .

Documents that are included with the petition or go to the NVC should be translated.  Spanish documents are ok at the interview.

 

If you have Mexican Residency you can still file DCF in Mexico City and save some time.   Unfortunately stateside spousal petition interviews are very backed up in CDJ.   DCF interviews are faster.   Ours was 2 months after documentary qualified while stateside petitions were taking 7 to 9 months.  Stateside is taking even longer now.

 

We haven't been to Mexicali since last spring.   My favorite Chinese restaurant, in the world, is Jing Wah.  And I travel to China often.

The issue is he may not want to confer citizenship due to having to sign that he's gonna "support" her. We'd like to have as little involvement as possible with him as he's more Mexican than American. He's one of those who got citizenship through jus soli and speaks Spanish at home and is culturally Mexican. 

 

If he refused even basic permission our plan is to use child support orders to make him prefer either giving permission and we don't pursue child support or signing off on me being able to adopt. I'd rather not have to beat him up with threats of child support as that would certainly require attorneys.

 

Wife's been putting off asking him. I'll have to push her to ask.

 

edit - I may apply for my FM1 or 2 here in Mexico as it isn't expensive, I qualify and filing DCF may be faster. I could also apply for that sweet, sweet firearm possession and import license so I don't have to leave a firearm in AZ and can be armed(at least in my house legally)

Edited January 11, 2020 by Teb Tengri
Adding details

[NikLR 13,227]

4 minutes ago, Teb Tengri said:

The issue is he may not want to confer citizenship due to having to sign that he's gonna "support" her. We'd like to have as little involvement as possible with him as he's more Mexican than American. He's one of those who got citizenship through jus soli and speaks Spanish at home and is culturally Mexican. 

 

If he refused even basic permission our plan is to use child support orders to make him prefer either giving permission and we don't pursue child support or signing off on me being able to adopt. I'd rather not have to beat him up with threats of child support as that would certainly require attorneys.

 

Wife's been putting off asking him. I'll have to push her to ask

He doesn't need to support her but you can certainly chase that route if he's being obstinate about passing on his citizenship.  Does he meet the requirements for CRBA? If so then she cant get a visa.  You literally need to chase the CRBA and be denied to get her a visa.  Because she wont be in his custody she doesnt automatically acquire citizenship upon entry either.  Either that or have him give up his parental rights so that his child is no longer his child and also cant obtain a CRBA. 

[Teb Tengri 0]

1 minute ago, NikLR said:

He doesn't need to support her but you can certainly chase that route if he's being obstinate about passing on his citizenship.  Does he meet the requirements for CRBA? If so then she cant get a visa.  You literally need to chase the CRBA and be denied to get her a visa.  Because she wont be in his custody she doesnt automatically acquire citizenship upon entry either.  Either that or have him give up his parental rights so that his child is no longer his child and also cant obtain a CRBA. 

I've gotta wonder if 5 years presence is counted if they live in a Mexican border town and just go to the US every week or whatever but reside in Mexico. Hopefully not but I don't know how easily we could prove that barring a sworn statement from him stating it.

[NikLR 13,227]

1 hour ago, Teb Tengri said:

I've gotta wonder if 5 years presence is counted if they live in a Mexican border town and just go to the US every week or whatever but reside in Mexico. Hopefully not but I don't know how easily we could prove that barring a sworn statement from him stating it.

No he has to show he was living in the USA.  If he's never had a US address you may be off the hook, but you likely have to apply for CRBA, have it denied because you can't produce the evidence, and then file the I-130 and apply for the visa.  If you've already filed the I-130 you could then proceed with NVC processing and go to the visa interview.  I'm  not sure what stage you're at, if you did DCF, etc... 

[Just Paul 4,595]

3 hours ago, Teb Tengri said:

I may apply for my FM1 or 2 here in Mexico as it isn't expensive,

Actually you can get it thru your wife pretty easily.   I have permanent residency and got my wife a permanent resident Visa with a 5 hour wait in Hong Kong (Philippines Consulate could not figure out how to do it).   It was $37.  Once she got to Mexico we went to INM and it took about 6 weeks for her green card. to arrive from Hermosillo   About another $100.

 

Like @NikLR and others have said you need to run down CRBA angle and best case she gets a US passport or worst case you have the proof that she it not a USC and she can get a visa.   Pop over to Tijuana and submit the form.  Then in a few weeks you can submit the I-130(s).  

 

https://mx.usembassy.gov/embassy-consulates/tijuana/u-s-citizens-services/apply-crba-tj/

 

 

[NikLR 13,227]

Father and mother likely need to do the application not the OP. 

[Teb Tengri 0]

Whole issue would be easier if the narcos disappeared bio dad 🤣

[Teb Tengri 0]

My wife, God bless her, is trying to say she has heard the father needs to have resided in the US. As I understand that's only for non parent/child sponsors for citizenship and not a CRBA

[pushbrk 12,898]

53 minutes ago, Teb Tengri said:

My wife, God bless her, is trying to say she has heard the father needs to have resided in the US. As I understand that's only for non parent/child sponsors for citizenship and not a CRBA

To pass citizenship directly to a child, the USC parent must have lived in the USA.  You can look up those requirements yourself.

 

A substitute for the father's permission for the child to immigrate or leave Mexico, would be court ordered full custody granted to the mother.

[Teb Tengri 0]

On 1/27/2020 at 3:11 PM, pushbrk said:

To pass citizenship directly to a child, the USC parent must have lived in the USA.  You can look up those requirements yourself.

 

A substitute for the father's permission for the child to immigrate or leave Mexico, would be court ordered full custody granted to the mother.

That's what we're maybe looking at. Or me adopting her which would also remove him as father