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EDreNYC

Bring niece to US? I'm listed as her dad on the birth certificate (local Ecuador law). Possible I130?

By EDreNYC in Bringing Family Members of US Citizens to America

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Crazy Cat Grand Master

Crazy Cat   41,981

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Just now, EDreNYC said:

We simply thought there would be a way to petition for the child to enter the US for a few months of the year.

Tourist visa?  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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aaron2020
aaron2020

You can bring someone to the US based on a lie.   You can not pass on US citizenship to a child that is not yours. You are not the biological father.  Submitting a birth certificate listing you a

aaron2020
aaron2020

Think about this.  If what you wanted was possible, then all my relatives in Vietnam would have me, a US citizen, listed as the father of their children.  Therefore, their children would all be US cit

canadian_wife
canadian_wife

The issues have nothing to do with Ecuadorian laws and everything to do with US laws.  What is legal in Ecuador is irrelevant here.   the child is not biologically yours.  Any petition using

millefleur Veteran

millefleur   5,047

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**Several posts removed for derailment and argument. Friendly reminder it is against the Terms of Service to tell others not to post. If you have a problem with something someone says, please hit the "report" button.**

 

VJ Moderation

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview ⌛

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

Boiler Grand Master

Boiler   45,664

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1 minute ago, Crazy Cat said:

Tourist visa?  

Yep

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,664

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6 minutes ago, EDreNYC said:

No, unfortunately most lawyers that I have contacted simply don't want to deal with the case as it's complex. 

Odd, normally those are the cases Lawyers handle and can charge the big bucks for.

Just now, EDreNYC said:

Yeah that is what me and my wife are now thinking. However, based on the responses today I wonder if the child bearing my name would have any impact on a tourist visa. 

Cheap to find out. And yes might be an ask.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

EDreNYC Apprentice

EDreNYC   3

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Just now, Boiler said:

Odd, normally those are the cases Lawyers handle and can charge the big bucks for.

Most have said it's too complex due to the fact that Ecuador allows non-biological fathers on the birth certificate. The most I got out of a lawyer was to contact an international adoption agency and mentioned these orgs usually have lawyers on deck to help with these type of cases. 

Boiler Grand Master

Boiler   45,664

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9 minutes ago, EDreNYC said:

Most have said it's too complex due to the fact that Ecuador allows non-biological fathers on the birth certificate. The most I got out of a lawyer was to contact an international adoption agency and mentioned these orgs usually have lawyers on deck to help with these type of cases. 

Seems they answered you question but told you to go and talk to a specialist

 

Did they know you were just looking for a visit?

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

aaron2020 Grand Master

aaron2020   11,651

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26 minutes ago, Crazy Cat said:

Tourist visa?  

How would they answer questions about the child's father when seeking a tourist visa for a minor?  Seems problematic with the current situation.

 

You have the child of a US citizen who likely meets the residency requirement to pass on US citizenship to his biological children.  A child with a potential claim to US citizenship would not qualify for a tourist visa.  That child needs a CRBA and US passport to travel to the US.

Edited by aaron2020
Boiler Grand Master

Boiler   45,664

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I will assume the Consulate are familiar with local law

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

aaron2020 Grand Master

aaron2020   11,651

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Correct the child's birth certificate.

 

When your LPR stepmother files for her unmarried child, your niece will be a derivative.  Questions will be raised about her US citizen father.  A child with a potential claim to US citizenship will not qualify for a visa.  That child will need a CRBA and US passport.

There is only one fix to this problem.  Fix the child's birth certificate if you want to bring her to the US.

Edited by aaron2020
Crazy Cat Grand Master

Crazy Cat   41,981

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5 minutes ago, aaron2020 said:

A child with a potential claim to US citizenship would not qualify for a tourist visa. 

I don't think the child has any claim to US citizenship....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

EDreNYC Apprentice

EDreNYC   3

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1 minute ago, aaron2020 said:

Correct the child's birth certificate.

 

When your LPR stepmother files for her unmarried child, your niece will be a derivative.  Questions will be raised about her US citizen father.  A child with a potential claim to US citizenship will not qualify for a visa.  That child will need a CRBA and US passport.

There is only one fix to this problem.  Fix the child's birth certificate if you want to bring her to the US.

not possible under Ecuadorian law, the biological father would have to step up and provide the child with his last name. 

EDreNYC Apprentice

EDreNYC   3

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11 minutes ago, Boiler said:

Seems they answered you question but told you to go and talk to a specialist

 

Did they know you were just looking for a visit?

 

Yes, I explained this. However the same questions that arose here also came up during my consultations. I was told best bet would be to google an international adoption agency and ask them. If anyone knows of any good lawyer in the NYC tri state area, please feel free to drop some info.

 
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