How to bring my kids to America

[Samibra 15]

6 minutes ago, payxibka said:

What American papers?  Were you a citizen at the time they were born? 

The first one , he was born  when he was Green card holder.  but the next one , yes he was citizen already. When he was naturalized , in the interview they asked him if he has a kid so he said yes because he had the first one already.

[Samibra 15]

12 minutes ago, payxibka said:

What American papers?  Were you a citizen at the time they were born? 

When I said American paper, I meant that to become American ( they can have green card or citizen...) 

[payxibka 10,045]

Just now, Samibra said:

The first one , he was born  when he was Green card holder.  but the next one , yes he was citizen already. When he was naturalized , in the interview they asked him if he has a kid so he said yes because he had the first one already.

The first one will require a petition as citizenship is transferred at birth, no way around it.  As for the second one, it will depend but might be eligible for a CRBA and a US passport. 

[Loren Y 2,755]

42 minutes ago, payxibka said:

If they are over 18 when they plan to immigrate, then no permission is required

Just a side note to double check the age. about all countries are the same, but I speak from experience, that children in Thailand are not considered adults and are still under " Custody" of their parents until they turn 20. My wifes son just turned 17 so I filed the I130 with her to petition him to come live with us thinking no problem, it will take 12-14 months minimum to process, by then he will be 18, and can get his passport and roll out. Wrong, he isn't even allowed to obtain his own passport without his parents permission until he turns 20, along with a list of other things because he is not considered an adult. If he gets married legally in Thailand though, he would become an adult instantly, but then that would void the ability for us to bring him as an unmarried minor.  Luckily things are good with my wifes Ex husband, and he is on the same page, and took him to get his passport already and is more than willing to sign a notarized statement giving permission for him to travel to the US to stay with his mom. We looked at the full custody option also, and it varies from country to country. We could get the courts involved, and it would require my wife to be present in Thailand for the whole process ( 45-60 days). Hopefully everyone stays friendly and there are no issues, but the last thing you want is your friend to catch an international kidnapping charge.

Edited June 22, 2021 by Loren Y

[Anggrek Bulan 3]

Hello, 

 

There will be two different papers that he needs to file.

1. for the first child: The mother has to write a statement, get it notarized, that she is ok for the father to bring the child to the US and live there. I think he should be ok to get US passport as the first child only 7 years old. Check with the US embassy in Madagascar what is the requirement.

 

2. Fiance and his child: He can file K1 and K2 at the same time. Need to do more digging as the child is his child, so he might be eligible for US passport and no need to file any kind of visa since the child is US citizen.

[carmel34 3,626]

54 minutes ago, Samibra said:

So please what to do if he want just that the kids have their papers and they can come to USA when they finish high school for exemple?

The first step would be for both mothers to sign legal notarized documents, or for the father to get full legal custody of both children through the Madagascar courts.  Another option would be to wait until both children are legally adults in Madagascar so they do not need the mothers' permission to leave the country.  Once those issues are figured out, the younger child born abroad to a US citizen parent may be eligible for a US passport, that process can be started anytime at the US embassy abroad.  The older child born when his father was still a green card holder will need a petition for an family-based US immigrant visa from his now-US citizen father, and the process can take a year or two, if the child is under 21 and not married, it takes even longer if the child is over 21.  A US immigrant visa is for living in the US permanently, so I would suggest that the father submit a petition for the older child about two years before he is ready and able to move to the USA, and before the child turns 21.  The following links might be useful as you go through the process.  Good luck!

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

https://www.uscis.gov/family/family-of-us-citizens/bringing-children-sons-and-daughters-to-live-in-the-united-states-as-permanent-residents

[payxibka 10,045]

3 minutes ago, Anggrek Bulan said:

Hello, 

 

There will be two different papers that he needs to file.

1. for the first child: The mother has to write a statement, get it notarized, that she is ok for the father to bring the child to the US and live there. I think he should be ok to get US passport as the first child only 7 years old. Check with the US embassy in Madagascar what is the requirement.

 

2. Fiance and his child: He can file K1 and K2 at the same time. Need to do more digging as the child is his child, so he might be eligible for US passport and no need to file any kind of visa since the child is US citizen.

The k1 is NOT the mother of either child.  Therefore a K2 is NOT an option. 

[Anggrek Bulan 3]

Just now, payxibka said:

The k1 is NOT the mother of either child.  Therefore a K2 is NOT an option. 

ah I see..I am sorry, I failed to understand the situation. alright then, I guess the US citizen has to file 3 different papers.

[SusieQQQ 11,586]

2 hours ago, Samibra said:

 

3) HE IS GOING TO MAKE A PETITION TO HIS FIANCE -  SO CAN HE PUT HIS KIDS IN THE APPLICATION? even if she is not the mother of his kids?

 

No. They have to be HER kids to be a derivative on her application. 
 

If he wants his kids ti have “American papers” see if he qualifies to pass on citizenship and then apply for CRBA/US passport for them if so. The details are here https://mg.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

[Samibra 15]

9 minutes ago, Anggrek Bulan said:

Hello, 

 

There will be two different papers that he needs to file.

1. for the first child: The mother has to write a statement, get it notarized, that she is ok for the father to bring the child to the US and live there. I think he should be ok to get US passport as the first child only 7 years old. Check with the US embassy in Madagascar what is the requirement.

 

2. Fiance and his child: He can file K1 and K2 at the same time. Need to do more digging as the child is his child, so he might be eligible for US passport and no need to file any kind of visa since the child is US citizen.

Thanks . his fiance doesn't have a child. I was wondering if he can add the kids when he is filing the K1 for his fiance.

[Anggrek Bulan 3]

Just now, Samibra said:

Thanks . his fiance doesn't have a child. I was wondering if he can add the kids when he is filing the K1 for his fiance.

like everyone said, since it is not the fiance's child, they all need to be separate paper. But on the bright side, it seems like the 2 kids will have fairly easy case. They just have to apply US passport if there is any proof that the US citizen is their biological father.

 

More info for children:

 

Birth of U.S. Citizens and Non-Citizen Nationals Abroad

 

If you are a U.S. citizen (or non-citizen national) and have a child overseas, you should report their birth at the nearest U.S. embassy or consulate as soon as possible so that a Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.

CRBAs are issued to both U.S. citizens and non-citizen nationals. A CRBA documents that the child was a U.S. citizen at birth. The CRBA neither serves as proof of the identity of the child’s legal parents nor is it intended to serve as proof. In general, the name or names listed on the CRBA are the U.S. citizen or national’s parent(s) who have a genetic or gestational connection to the child. The name of the parent(s) through whom the child’s claim to U.S. citizenship is made must be listed on the CRBA. A parent who is not transmitting U.S. citizenship may be listed on the CBRA with consent of the parent who is transmitting U.S. citizenship.

• You can apply for a CRBA by completing Form DS-2029. For instructions on how to apply for a CRBA, visit the webpage for the nearest U.S. embassy or consulate in the country where your child was born and navigate to the American Citizens Service section. Please note the application must be signed in front of a consular officer, notary public, or other person qualified to administer oaths.

• If one parent is not a U.S. citizen or if the U.S. citizen parent who is transmitting citizenship to their child is not present when applying for a CRBA, that parent should complete Form DS-5507 as supporting evidence, and it can be used to list the periods of time they spent in the United States.

• If the child was born out-of-wedlock, and the father is a U.S. citizen or non-citizen U.S national, use Form DS-5507 to acknowledge the child and voluntarily agree to financially support them. Form DS-5507 may be signed in front of a notary or at a U.S. embassy or consulate. 

 

 

you can share the link to him:

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

[payxibka 10,045]

11 minutes ago, Samibra said:

Thanks . his fiance doesn't have a child. I was wondering if he can add the kids when he is filing the K1 for his fiance.

 

As many have already said NOOOOOOOOOOOOOOOOO

[Timona 4,207]

1 hour ago, Samibra said:

They are at 7 years old and less. but if they don't want to come to America yet? they just need to have the American papers and then they can come after finish the high school. that is possible to get them the papers without petition them ?I mean to go to the American embassy in Madagascar and declare them that they are my kids?

 

Others have already answered. 

 

Not that it matters, but OP are these your kids or someone else's? The bolded and the thread's topic say otherwise. Eitherway, the answer given by others still remains the same, whether the kids are yours or your friend's. 

[Samibra 15]

7 minutes ago, Timona said:

 

Others have already answered. 

 

Not that it matters, but OP are these your kids or someone else's? The bolded and the thread's topic say otherwise. Eitherway, the answer given by others still remains the same, whether the kids are yours or your friend's. 

No they are not my kids. I was not afraid to say that they are my kids. That is not a crime brother

[Boiler 45,486]

I have not a clue about Madagascar Law on this and doubt anybody else on here has.

 

Timing and details matter so suggest your friend joins.