I-130 Approved- Thanks God

[Boiler 45,153]

6 minutes ago, pushbrk said:

OK, but do you see this changing the first child's process in any way?   What's the relevance?

To recap, there is an ex wife one child born before he naturalized one after.

Current wife and USC child

 

So at least one needs to be petitioned.

 

Assuming first wife is ok with this?

[pushbrk 12,761]

3 minutes ago, Boiler said:

To recap, there is an ex wife one child born before he naturalized one after.

Current wife and USC child

 

So at least one needs to be petitioned.

 

Assuming first wife is ok with this?

I understand that.  I'm asking for the relevance of the petitioner's presence in the USA before naturalizing.  The first child was born when petitioner was LPR.

 

[Samir Mohamed 0]

3 hours ago, sat3458 said:

Hi Samir, congrats on your approval! Did you get approved for your I-130 in less then two weeks? If so, that's amazing! Did you expedite by any chance?

HAHAHAH NO No I applied in February 2022 , so its 12 months

[Samir Mohamed 0]

47 minutes ago, pushbrk said:

That will work, but you can also file the child's I-130 now and just proceed with the two visas separately.

Ah ok, that is a good idea. Thanks so much 

[pushbrk 12,761]

3 minutes ago, Samir Mohamed said:

Ah ok, that is a good idea. Thanks so much 

To be clear, you have two children entitled to direct and immediate US Citizenship.  You would file Consular Report of Birth Abroad for each of them.  One is with your current wife, so do that now, for sure.  The younger child from your ex wife needs the same but unless you go there yourself, you'll need the mother's cooperation.  For your first child, you will need the mother's petition for the child to immigrate to the USA.  Without the mother's permission, there is no reason to file a petition in that child's behalf, but there IS a reason to do the CRBA, even if (as a child) they never come to the USA.

[Samir Mohamed 0]

28 minutes ago, Boiler said:

To recap, there is an ex wife one child born before he naturalized one after.

Current wife and USC child

 

So at least one needs to be petitioned.

 

Assuming first wife is ok with this?

Oh yes his mother wants it very badly. she is mad to me every day that I need to declare him. We thought that he can benefit the CBRA but The American embassy in Madagascar send me this message today: "

Another last point after reviewing the document of (son name), it has been brought to our attention that the child was born before you became a U.S. Citizen, thus he doesn’t qualify for a CRBA.

 

Kind regards

ACS Unit

 

So I need to petition him anyway.

[Samir Mohamed 0]

2 minutes ago, pushbrk said:

To be clear, you have two children entitled to direct and immediate US Citizenship.  You would file Consular Report of Birth Abroad for each of them.  One is with your current wife, so do that now, for sure.  The younger child from your ex wife needs the same but unless you go there yourself, you'll need the mother's cooperation.  For your first child, you will need the mother's petition for the child to immigrate to the USA.  Without the mother's permission, there is no reason to file a petition in that child's behalf, but there IS a reason to do the CRBA, even if (as a child) they never come to the USA.

How are each of them? The older one was born when I was LPR , so he can't benefit from the CBRA, only the newborn can benefit. She was born 2 months ago. with my ex-wife is the oldest  that was born when I was LPR

[pushbrk 12,761]

4 minutes ago, Samir Mohamed said:

How are each of them? The older one was born when I was LPR , so he can't benefit from the CBRA, only the newborn can benefit. She was born 2 months ago. with my ex-wife is the oldest  that was born when I was LPR

I get that.  You said, " 1 was born 6 months before  I become a US citizen and the second one after."  The second one needs a CRBA.  The oldest cannot benefit from it.  If you want all your children in the USA, two need CRBA and one needs an IR2 visa.  If you just want the newborn to come with your wife, then the CRBA needs to be done before your wife's visa, if possible.  Your middle child needs a CRBA but you need your ex's cooperation for that.  The oldest child can immigrate as IR2 but you also need your ex's permission for that, or court ordered full custody.

 

Actually, if you go yourself to do the CRBA for the middle child, you can do that without her cooperation but cannot get the child a US passport without her cooperation.

[Boiler 45,153]

7 minutes ago, Samir Mohamed said:

How are each of them? The older one was born when I was LPR , so he can't benefit from the CBRA, only the newborn can benefit. She was born 2 months ago. with my ex-wife is the oldest  that was born when I was LPR

Well that sounds interesting from a timeline perspective.

[Samir Mohamed 0]

2 minutes ago, pushbrk said:

I get that.  You said, " 1 was born 6 months before  I become a US citizen and the second one after."  The second one needs a CRBA.  The oldest cannot benefit from it.  If you want all your children in the USA, two need CRBA and one needs an IR2 visa.  If you just want the newborn to come with your wife, then the CRBA needs to be done before your wife's visa, if possible.  Your middle child needs a CRBA but you need your ex's cooperation for that.  The oldest child can immigrate as IR2 but you also need your ex's permission for that, or court ordered full custody.

 

Actually, if you go yourself to do the CRBA for the middle child, you can do that without her cooperation but cannot get the child a US passport without her cooperation.

Thank you. I already send the documents for the CRBA but they send an email today this email:

After reviewing your documents we would need some additional documents that  we required from you for your CRBA application, please see the following:

1. Other proof of physical appearance in the US by the requester (i.e: passport stamps)
2. Pre-natal documents of the mother of (name of the kids)  (ie: ultrasounds – prescriptions – doctor’s records)
3. Documents from the hospital where (name of the kids) were born (ie: identification bracelet – hospital certificate of birth – hospital  bill – vaccination card …)
4. Proof of U.S. parents presence in the local country around the time of conception (ie: visa – hotel or rent receipts – bank statements – boarding passes – passport stamps)
5. The form DS-3053 for a non-appearing parent has to be original and notarized

So i am going to send them those documents. They are working very slowly on my case. It seems like they don't believe me. I ask them to do the DNA parental but the didn't say anything.

[Samir Mohamed 0]

10 minutes ago, Boiler said:

Well that sounds interesting from a timeline perspective.

What do you mean?

[Samir Mohamed 0]

Hello Dear, 

I need help here.

• Step 1:

  Pay fees.

• Step 2:

  Complete an Immigrant Visa (IV) Application (form DS-260).

• Step 3:

  Submit required financial and civil documents.

In step 1, I know that I need to pay the fees, but the step 2,  I need to know who needs to complete the form DS-260. Me like the Applicant or is only my wife like the petitioner? In step 3, I don't understand at all what I need here to do. what do they mean by required financial and civil documents? 

[pushbrk 12,761]

1 hour ago, Samir Mohamed said:

Hello Dear, 

I need help here.

• Step 1:

  Pay fees.

• Step 2:

  Complete an Immigrant Visa (IV) Application (form DS-260).

• Step 3:

  Submit required financial and civil documents.

In step 1, I know that I need to pay the fees, but the step 2,  I need to know who needs to complete the form DS-260. Me like the Applicant or is only my wife like the petitioner? In step 3, I don't understand at all what I need here to do. what do they mean by required financial and civil documents? 

You are the petitioner.  Your wife is applying for a visa.  The DS260 is her visa application.  The questions are about her, but you can type the answers.

[Samir Mohamed 0]

6 hours ago, pushbrk said:

You are the petitioner.  Your wife is applying for a visa.  The DS260 is her visa application.  The questions are about her, but you can type the answers.

I am the petitioner or the Applicant ?Maybe my wife , she is the petitioner?  How about required financial and civil documents?  Someone can help me please?

[pushbrk 12,761]

7 hours ago, Samir Mohamed said:

I am the petitioner or the Applicant ?Maybe my wife , she is the petitioner?  How about required financial and civil documents?  Someone can help me please?

I just told you, that YOU, the US Citizen, are the petitioner.  Your foreign spouse is the one applying for a visa.  There are links to see which civil documents are required.  Read and follow directions.