i-130 for child I-130 For Child

[Adam-Gary 0]

Hello 

I start filling I-130 For my daughter she is 9 years   From my prior marriage,

I already uploaded all the documents The birth certificate & Marriage certificate & Divorce certificate & School Record & Some picture from me with my daughter 

My question what I have to do with this ?

 

 

 

Edited May 30, 2023 by Adam-Gary

[Mike E 11,739]

10 minutes ago, Adam-Gary said:

My question what I have to do with this ?

1. You have all the civil documents, correct?

 

2. Do you have legal custody documents?

 

3. Were you married to her other parent before she was born?

 

 

[Adam-Gary 0]

Yes I have all Civil Documents, I was married before she born divorced happened when sh was 3 years old 

the Custody with my EX, 

[Mike E 11,739]

24 minutes ago, Adam-Gary said:

My question what I have to do with this ?

Then I  say “this” does not apply to you. Was this an RFE?

[SalishSea 17,808]

8 minutes ago, Adam-Gary said:

Yes I have all Civil Documents, I was married before she born divorced happened when sh was 3 years old 

the Custody with my EX, 

Your ex has legal custody?

[Adam-Gary 0]

4 minutes ago, SalishSea said:

Your ex has legal custody?

There are no official papers with this, but upon divorce, this was agreed upon

[Adam-Gary 0]

7 minutes ago, Mike E said:

Then I  say “this” does not apply to you. Was this an RFE?

No I didn’t submit the file yet,

[Mike E 11,739]

9 minutes ago, Adam-Gary said:

There are no official papers with this, but upon divorce, this was agreed upon

That might be a problem

[SalishSea 17,808]

15 minutes ago, Adam-Gary said:

There are no official papers with this, but upon divorce, this was agreed upon

Without being able to demonstrate that you have custody and the right to bring the child to the US, I don’t see an immigrant visa happening.

[Adam-Gary 0]

15 minutes ago, SalishSea said:

Without being able to demonstrate that you have custody and the right to bring the child to the US, I don’t see an immigrant visa happening.

In USCIS I didn’t see any thing about custody documents 

 

[Mike E 11,739]

11 minutes ago, Adam-Gary said:

USCIS I didn’t see any thing about custody documents

1. USCIS cannot dictate to the department of state.

 

2. Given the forum you posted this in, it seems you are a U.S. citizen. If so, even if you manage to get an IR-2 visa for your daughter, if your she later wants to become a U.S. citizen as an adult, she will end up in a Kafka-esque nightmare when she files N-400. USCIS will claim she became a U.S. citizen the moment she entered the U.S. on her IR-2 as a minor as per the Child Citizenship Act of 2000, because she will not be able to prove you did not have legal custody:

 

Whereas if she instead files for her passport and/or N-600 (certificate of citizenship) the government will want proof you had legal custody.  

 

Probably best to wait until she is age 18, if you  do not want to get proof of legal custody.

 

Were you a U.S. citizen before she was born?

Edited May 31, 2023 by Mike E