Does anDoes any VJ members filed a I-130 petition for USC minor child ?Please share experienced here...

[miles 0]

Our 2 year old son was born out of wedluck and my USC husband filed a petition for him before our wedding. Since we filed 5 months ago, we just received 1 NOA and until now there's no change on LUD. I have no idea about true processing time for this or immigration steps with this case. It was said that it will take 6 months,but We were so worried that USCIS still have no response yet or either ask something for added requirements. Can you please share your advise or share your own experienced on filing I-130 for minor son. I will appreciate your reply.

Thankyou very much

Miles

[swimmi 0]

Our 2 year old son was born out of wedluck and my USC husband filed a petition for him before our wedding. Since we filed 5 months ago, we just received 1 NOA and until now there's no change on LUD. I have no idea about true processing time for this or immigration steps with this case. It was said that it will take 6 months,but We were so worried that USCIS still have no response yet or either ask something for added requirements. Can you please share your advise or share your own experienced on filing I-130 for minor son. I will appreciate your reply.

Thankyou very much

Miles

Hi Miles,

I'm on the same path here. My husband filed for my 14 year old daughter back in august 17 and we received 1st NOA on september 20 after that we havent heard form them anything. No REF nothing. I'm glad that you started this thread i hope people would join us and share their experience.

[Dakine 26]

Our 2 year old son was born out of wedluck and my USC husband filed a petition for him before our wedding. Since we filed 5 months ago, we just received 1 NOA and until now there's no change on LUD. I have no idea about true processing time for this or immigration steps with this case. It was said that it will take 6 months,but We were so worried that USCIS still have no response yet or either ask something for added requirements. Can you please share your advise or share your own experienced on filing I-130 for minor son. I will appreciate your reply.

Thankyou very much

Miles

I'm a bit confused. Is your hubby the biological father? If so your son qualifies for US Citizenship.

If not I can't see how he would qualify to file a petition for a stepchild before you were married.

[miles 0]

Our 2 year old son was born out of wedluck and my USC husband filed a petition for him before our wedding. Since we filed 5 months ago, we just received 1 NOA and until now there's no change on LUD. I have no idea about true processing time for this or immigration steps with this case. It was said that it will take 6 months,but We were so worried that USCIS still have no response yet or either ask something for added requirements. Can you please share your advise or share your own experienced on filing I-130 for minor son. I will appreciate your reply.

Thankyou very much

Miles

Hi Miles,

I'm on the same path here. My husband filed for my 14 year old daughter back in august 17 and we received 1st NOA on september 20 after that we havent heard form them anything. No REF nothing. I'm glad that you started this thread i hope people would join us and share their experience.

Thanks anyway swimmi. I am feeling sick with this...I terribly missed my baby and everyday I check the online status AM/PM to find out for some progress. thru this thread let's hope that somebody would care to share experienced with us. It's nice to know that I am not alone...may God bless us.

[miles 0]

Our 2 year old son was born out of wedluck and my USC husband filed a petition for him before our wedding. Since we filed 5 months ago, we just received 1 NOA and until now there's no change on LUD. I have no idea about true processing time for this or immigration steps with this case. It was said that it will take 6 months,but We were so worried that USCIS still have no response yet or either ask something for added requirements. Can you please share your advise or share your own experienced on filing I-130 for minor son. I will appreciate your reply.

Thankyou very much

Miles

I'm a bit confused. Is your hubby the biological father? If so your son qualifies for US Citizenship.

If not I can't see how he would qualify to file a petition for a stepchild before you were married.

How are u Haole? thanks again for your reply. yes my husband is the bioligical father. My husband was naturalized exactly on the date my baby was born but base on US time and Philippine time he was not qualified to acquire citizenship from birth abroad.The application was denied. Imagine? for only just 7 hours difference ??? Anyway rule is rule...then the Embassy suggested my husband to file I-130. But so frustrated with that thing ...the embassy did'nt suggested the k3/k4 aplication .which is the essiest way for both of us.So...now...I am here missing my Baby and long waiting for I-130 response.

[Chris Parker 11]

How are u Haole? thanks again for your reply. yes my husband is the bioligical father. My husband was naturalized exactly on the date my baby was born but base on US time and Philippine time he was not qualified to acquire citizenship from birth abroad.The application was denied. Imagine? for only just 7 hours difference ??? Anyway rule is rule...then the Embassy suggested my husband to file I-130. But so frustrated with that thing ...the embassy did'nt suggested the k3/k4 aplication .which is the essiest way for both of us.So...now...I am here missing my Baby and long waiting for I-130 response.

That's one for the record books!

Now I know why they care about the time of birth when deciding these things...

[miles 0]

How are u Haole? thanks again for your reply. yes my husband is the bioligical father. My husband was naturalized exactly on the date my baby was born but base on US time and Philippine time he was not qualified to acquire citizenship from birth abroad.The application was denied. Imagine? for only just 7 hours difference ??? Anyway rule is rule...then the Embassy suggested my husband to file I-130. But so frustrated with that thing ...the embassy did'nt suggested the k3/k4 aplication .which is the essiest way for both of us.So...now...I am here missing my Baby and long waiting for I-130 response.

That's one for the record books!

Now I know why they care about the time of birth when deciding these things...

Thanks Chris Parker. If I can only adjust my delivery date for my baby for just an hour he will be qualify then for US citizenship and it would not be hard for this...lol..just kidding...all I can say is immigration people did'nt gave consideration with our case...in fact we were told at the embassy that this is a very hard case and it's the first time in the history of US immigration in the Phils.But eventhough that's a close case for granting citizenship- filing I-130 don't consider this case to speed up the processing ...They base the applications on It is a first time ,first serve service.

[RandyandRina 2]

Is this for real? I mean, I thought once the USC father becomes or granted the citizenship, then the child automatically becomes a USC too. I know how it feels to be separated from your child, I pray for you and your whole family to be reunited soon.

Edited November 4, 2007 by RandyandRina

[RandyandRina 2]

Well, too bad... after researching the real answers, I stumble upon this one from US Embassy in Manila website.

Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. US immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship.

Here is the link: http://manila.usembassy.gov/wwwh3219.html

Edited November 4, 2007 by RandyandRina

[Chris Parker 11]

Is this for real? I mean, I thought once the USC father becomes or granted the citizenship, then the child automatically becomes a USC too. I know how it feels to be separated from your child, I pray for you and your whole family to be reunited soon.

Under current law, because the child was born before the parent became a USC, the child will have to get an immigrant visa. However, the child will also become a citizen upon lawful admission for permanent residence (but not before). The child also will not a natural born citizen, but not a naturalized citizen either (something between the two). Instead of getting a permanent resident card, the child will get a Certificate of Citizenship to prove status.

Well, too bad... after researching the real answers, I stumble upon this one from US Embassy in Manila website.

Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. US immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship.

Here is the link: http://manila.usembassy.gov/wwwh3219.html

From what I read, they already made the claim to citizenship, and the embassy denied it. The child is not a USC and now has to get an immigrant visa to become one.

[Dakine 26]

Under current law, because the child was born before the parent became a USC, the child will have to get an immigrant visa. However, the child will also become a citizen upon lawful admission for permanent residence (but not before). The child also will not a natural born citizen, but not a naturalized citizen either (something between the two). Instead of getting a permanent resident card, the child will get a Certificate of Citizenship to prove status.

Unless the child is IR3/4 they will not get automatic USC until the child is in the legal and physical custody of the petitoner for 2 years. Child will also have to be adopted also.

Child won't get anything. You have to submit a N-600 for certificate of USC or file for a passport to prove citizenship.

[Chris Parker 11]

Under current law, because the child was born before the parent became a USC, the child will have to get an immigrant visa. However, the child will also become a citizen upon lawful admission for permanent residence (but not before). The child also will not a natural born citizen, but not a naturalized citizen either (something between the two). Instead of getting a permanent resident card, the child will get a Certificate of Citizenship to prove status.

Unless the child is IR3/4 they will not get automatic USC until the child is in the legal and physical custody of the petitoner for 2 years. Child will also have to be adopted also.

Child won't get anything. You have to submit a N-600 for certificate of USC or file for a passport to prove citizenship.

OP said the child is over 2 years old and the natural, biological child of the USC parent (except, the parent wasn't a USC when child born). There is no adoption of your own biological child, nor a 2-year custody requirement for biological children.

Child will be IR2 and will get citizenship at the time of lawful admission for permanent residence pursuant to Child Citizenship Act of 2000. This process, including automatic issuance of the Certificate of Citizenship upon entry, is described by USCIS at Child Citizenship Act Program Update.

However, I think you are correct that they may also be able to file Form N-400 for expedited naturalization through a USC grandparent and the more lengthy immigrant visa processing.

[miles 0]

Well, too bad... after researching the real answers, I stumble upon this one from US Embassy in Manila website.

Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. US immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship.

Here is the link: http://manila.usembassy.gov/wwwh3219.html

Thanks RandyandRina! that's not the only story behind that...first we applied a tourist visa for him because I have a multiple B2 visa before and I can bring him to US w/ me just for a visit to his father with no intent of immigrating because my divorce case is still pending and still not not prepared for other documents that time.. but the application was denied.The interview officer told us that "since his father is a USC why don't you file him a citizenship"that's their reason for denying the tourist visa application.and file a petition for citizenship...so then we applied for "registry of birth abroad" after applying they deny it I just wasted a lot of money and effort then like what I've said they did'nt advise me also the k2/k4 visa??? The US embassy,Manila issued us a letter that say's { "your disaproved application and supporting documents will be forwarded to the state Dep. Of State Washington,DC for proper dispodition"} I thought the case will be more quickly regarding this letter..BUT...'till now almost 6 months LUD has no progress.

[miles 0]

********************************************************************************

*** APPLICATION FOR REGISTER OF BIRTH ABROAD DISAPPROVAL LETTER

FROM: EMBASSY OF THE UNITED STATES OF AMERICA

YOUR CLAIMED (PARENT) WAS NOT US CITIZEN AT THE TIME OF BIRTH

(FATHER) SEPTEMBER 24,2006 -NATURALIZED -U.S LOCAL TIME

(SON) SEPTEMBER 24,2006- BIRTH DATE -1:00 PM

REMARKS: YOUR DISAPPROVED APPLICATION AND SUPPORTING DOCUMENTS WILL BE FORWARDED TO THE DEPARTMENT OF STATE IN WASHINGTON,DC FOR PROPER DISPOSITION.

******************************************************************************

NOTE: [ PHILIPPINE TIME AND U.S( NY) TIME ] THE PHILIPPINE IS ONLY 12 HOURS ADVANCE TO U S. MY SON WAS BORN 1:00 PM .AND MY HUSBAND OUTH HIS US CITIZENSHIP 9:00 AM "DATE IS THE SAME" AND 8 HOURS DIFFERENCE ONLY

[miles 0]

Under current law, because the child was born before the parent became a USC, the child will have to get an immigrant visa. However, the child will also become a citizen upon lawful admission for permanent residence (but not before). The child also will not a natural born citizen, but not a naturalized citizen either (something between the two). Instead of getting a permanent resident card, the child will get a Certificate of Citizenship to prove status.

Unless the child is IR3/4 they will not get automatic USC until the child is in the legal and physical custody of the petitoner for 2 years. Child will also have to be adopted also.

Child won't get anything. You have to submit a N-600 for certificate of USC or file for a passport to prove citizenship.

OP said the child is over 2 years old and the natural, biological child of the USC parent (except, the parent wasn't a USC when child born). There is no adoption of your own biological child, nor a 2-year custody requirement for biological children.

Child will be IR2 and will get citizenship at the time of lawful admission for permanent residence pursuant to Child Citizenship Act of 2000. This process, including automatic issuance of the Certificate of Citizenship upon entry, is described by USCIS at Child Citizenship Act Program Update.

However, I think you are correct that they may also be able to file Form N-400 for expedited naturalization through a USC grandparent and the more lengthy immigrant visa processing.

Thanks again for the information Chris Parker!