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

[Chris Parker 11]

then like what I've said they did'nt advise me also the k2/k4 visa???

Now that they've denied the citizenship claim, you can go for K2/K4 or IR2 for the child. In the case of IR2, child becomes U.S. citizen upon U.S. entry. In the case of K2/K4, child will become a U.S. citizen only when adjustment of status is approved.

[Dakine 26]

then like what I've said they did'nt advise me also the k2/k4 visa???

Now that they've denied the citizenship claim, you can go for K2/K4 or IR2 for the child. In the case of IR2, child becomes U.S. citizen upon U.S. entry. In the case of K2/K4, child will become a U.S. citizen only when adjustment of status is approved.

Not true in my K4 case. You have to dig deeper.

K4 child doesn't become USC until gets GC andis in your legal and physical custody for 2 years.

I just went thru it and had to wait the 2 years.

[Chris Parker 11]

Not true in my K4 case. You have to dig deeper.

K4 child doesn't become USC until gets GC andis in your legal and physical custody for 2 years.

I just went thru it and had to wait the 2 years.

Their case is not an adoption case... the 2-year custody rule applies to IR3/IR4, but not to IR2!

Whatsmore, the child is over 2 years old, so even if there were a silly rule like that for biological children, the child certainly has been in their custody over 2 years!

[miles 0]

then like what I've said they did'nt advise me also the k2/k4 visa???

Now that they've denied the citizenship claim, you can go for K2/K4 or IR2 for the child. In the case of IR2, child becomes U.S. citizen upon U.S. entry. In the case of K2/K4, child will become a U.S. citizen only when adjustment of status is approved.

I have studied lots of cases on (I-130) for USC minor child in VJ forum and have realized that when the mother has an approved AOS ,the processing for their child petition takes fastiest processing rather than who's mother/father has a pending case. I think they only approved I-130 cases for those child whose parents have an approved AOS case only. But since my AOS is still pending ,my sons petition is also pending too.I hope that's it,and if my interview (11/15/2007) goes along well, we we're looking forward for my sons approval too.

Thank you guys( Haole/cris) for all your concern...if I-130 petiton will be approved by USCIS..now I know what is the next steps to claim citizenship for our son. I really appreciate you on sharing ideas with me.coz I learned alot

Miles

Timeline for USC spouse/son

(USC)- (father)

AOS (spouse)

6-27-2007- married(US)

7-12-2007- sent file

7-19-2007- priority date

9-20-2007- BIOMETRICS

11-15-2007- AOS interview

2 year old son

I-130

Curent: Priority Date- June 22,2007

June 12,2007- sent I-130 application to Vermont

June 22,2007- NOA for I-130(received)

LUD - no progress

(5 months waiting)

[miles 0]

then like what I've said they did'nt advise me also the k2/k4 visa???

Now that they've denied the citizenship claim, you can go for K2/K4 or IR2 for the child. In the case of IR2, child becomes U.S. citizen upon U.S. entry. In the case of K2/K4, child will become a U.S. citizen only when adjustment of status is approved.

I have studied lots of cases on (I-130) for USC minor child in VJ forum and have realized that when the mother has an approved AOS ,the processing for their child petition takes fastiest processing rather than who's mother/father has a pending case. I think they only approved I-130 cases for those child whose parents have an approved AOS case only. But since my AOS is still pending ,my sons petition is also pending too.I hope that's it,and if my interview (11/15/2007) goes along well, we we're looking forward for my sons approval too.

Thank you guys( Haole/cris) for all your concern...if I-130 petiton will be approved by USCIS..now I know what is the next steps to claim citizenship for our son. I really appreciate you on sharing ideas with me.coz I learned alot

Miles

Timeline for USC spouse/son

(USC)- (father)

AOS (spouse)

6-27-2007- married(US)

7-12-2007- sent file

7-19-2007- priority date

9-20-2007- BIOMETRICS

11-15-2007- AOS interview

2 year old son

I-130

Curent: Priority Date- June 22,2007

June 12,2007- sent I-130 application to Vermont

June 22,2007- NOA for I-130(received)

LUD - no progress

(5 months waiting)

then like what I've said they did'nt advise me also the k2/k4 visa???

Now that they've denied the citizenship claim, you can go for K2/K4 or IR2 for the child. In the case of IR2, child becomes U.S. citizen upon U.S. entry. In the case of K2/K4, child will become a U.S. citizen only when adjustment of status is approved.

I have studied lots of cases on (I-130) for USC minor child in VJ forum and have realized that when the mother has an approved AOS ,the processing for their child petition takes fastiest processing rather than who's mother/father has a pending case. I think they only approved I-130 cases for those child whose parents have an approved AOS case only. But since my AOS is still pending ,my sons petition is also pending too.I hope that's it,and if my interview (11/15/2007) goes along well, we we're looking forward for my sons approval too.

Thank you guys( Haole/cris) for all your concern...if I-130 petiton will be approved by USCIS..now I know what is the next steps to claim citizenship for our son. I really appreciate you on sharing ideas with me.coz I learned alot

Miles

Timeline for USC spouse/son

(USC)- (father)

AOS (spouse)

6-27-2007- married(US)

7-12-2007- sent file

7-19-2007- priority date

9-20-2007- BIOMETRICS

11-15-2007- AOS interview

2 year old son

I-130

Curent: Priority Date- June 22,2007

June 12,2007- sent I-130 application to Vermont

June 22,2007- NOA for I-130(received)

LUD - no progress

(5 months waiting)

[miles 0]

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.

hi Randyand mina! I have read your timeline and I am just currious...is this your spouse I-130 application???

congartulation and goodluck Are you in NJ ??? glad that there is a VJ member near me... and my interview is on the same date

Thanks,

Miles

[bishkek 0]

I have a situation that I need help and advise from all you friends.

I am working overseas and as boredom and loneliness sets in I became friends with a girl with whom I became intimate and now we are expecting a child. We are not married and have no plans on getting married either. For I am already marriied with a wife and kid in USA. This lady friend of mine knows fully well that I am married.

Though she is agreeing and willing for me to raise the soon to be born child in the USA ( provided my wife has no objection ?).

How Should I go about this .

What are the requiremnets from the mother of the child as for permission , local laws etc and what are the US laws concerning such as situation. How do I bring the child to the us and waht is needed.

Thanks

[Boiler 45,466]

Sounds like Immigration issues are the least of your problems.

But to state the obvious, USC's do not have immigration issues to the US.

[miles 0]

I have a situation that I need help and advise from all you friends.

I am working overseas and as boredom and loneliness sets in I became friends with a girl with whom I became intimate and now we are expecting a child. We are not married and have no plans on getting married either. For I am already marriied with a wife and kid in USA. This lady friend of mine knows fully well that I am married.

Though she is agreeing and willing for me to raise the soon to be born child in the USA ( provided my wife has no objection ?).

How Should I go about this .

What are the requiremnets from the mother of the child as for permission , local laws etc and what are the US laws concerning such as situation. How do I bring the child to the us and waht is needed.

Thanks

contact the US Citizen Services or website on "Report of birth abroad 'and you can see the requirements. If you can provide all the necessary documents there will be no problem..unless they will ask you for marriage certificate or Divorce degree.First step is to register your child where the child was born but it depends upon the laws of each country .your name and the mothers name must be included on Birth certificate. GOODLUCK!

[bishkek 0]

I have a situation that I need help and advise from all you friends.

I am working overseas and as boredom and loneliness sets in I became friends with a girl with whom I became intimate and now we are expecting a child. We are not married and have no plans on getting married either. For I am already marriied with a wife and kid in USA. This lady friend of mine knows fully well that I am married.

Though she is agreeing and willing for me to raise the soon to be born child in the USA ( provided my wife has no objection ?).

How Should I go about this .

What are the requiremnets from the mother of the child as for permission , local laws etc and what are the US laws concerning such as situation. How do I bring the child to the us and waht is needed.

Thanks

contact the US Citizen Services or website on "Report of birth abroad 'and you can see the requirements. If you can provide all the necessary documents there will be no problem..unless they will ask you for marriage certificate or Divorce degree.First step is to register your child where the child was born but it depends upon the laws of each country .your name and the mothers name must be included on Birth certificate. GOODLUCK!

Thanks for the info.

I know I am in deep S.....T. But It is not the childs fault . I would like to do the right thing for the child.

Do I need to register the Child at the US embassy in Ukraine and what are the docs requirements /needed for such a process. Since the child would be born out of wedlock there is no Divorce or Marriage certiciate as I am not married to his mother nor am I divorced from my wife.

Does he gets a US passport coz ofme being a USC ?

Edited November 7, 2007 by bishkek

[Chris Parker 11]

I know I am in deep S.....T. But It is not the childs fault . I would like to do the right thing for the child.

Do I need to register the Child at the US embassy in Ukraine and what are the docs requirements /needed for such a process. Since the child would be born out of wedlock there is no Divorce or Marriage certiciate as I am not married to his mother nor am I divorced from my wife.

Does he gets a US passport coz ofme being a USC ?

Women in countries like Ukraine often get involved like this with men like you in order to earn: (1) U.S. citizenship for their child, and (2) financial support from you.

Presuming you have lived in the U.S. for at least 5 years, 2 years of which are after age 14, the child does get U.S. Citizenship from you, but it is not going to be easy to prove and you are going to have to take some difficult steps (probably including DNA testing) to prove the child's case to the embassy in order to get the Consular Report of Birth Abroad for the child. See below.

From the Dept. of State:

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A ) applicant is legitimated under the law of their residence or domicile,

B ) father acknowledges paternity of the person in writing under oath, or

C ) the paternity of the applicant is established by adjudication court.

Edited November 7, 2007 by Chris Parker

[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...

cris parker hi again!I have read the link that you provide to me about "childs citizenship Act program update" and I have a question regarding this. Since we have already applied for I-130 for our son is this the first step going to IR-2 procedure on applying n-600 or we filed a wrong form? can we apply N600-k 'coz the child is outside US while waiting for I-130 approval??? . I am confuse ....or after the approval of I-130 Ir -2 will comes next to the processing.... .I have read also on the USCIS statistics that the average processing time for I-130 is 127 days before noa 2 ....but still no progresss since June and it's over. and one more my son is illigitimate on his BC ,but now I am married to his father...do we have to upgrade his application for proper disposition..will it helps???

Thank you so much,

Miles

[Chris Parker 11]

cris parker hi again!I have read the link that you provide to me about "childs citizenship Act program update" and I have a question regarding this. Since we have already applied for I-130 for our son is this the first step going to IR-2 procedure on applying n-600 or we filed a wrong form? can we apply N600-k 'coz the child is outside US while waiting for I-130 approval??? . I am confuse ....or after the approval of I-130 Ir -2 will comes next to the processing.... .I have read also on the USCIS statistics that the average processing time for I-130 is 127 days before noa 2 ....but still no progresss since June and it's over. and one more my son is illigitimate on his BC ,but now I am married to his father...do we have to upgrade his application for proper disposition..will it helps???

You have not made it clear to us whether you are outside the U.S. and being processed for an immigrant visa at the U.S. embassy, or if you are in the U.S. on a K3 or something and are being processed for adjustment of status.

I think N-600K is for children who entered the U.S. and got immigrant status and had a U.S. citizen parent and got U.S. citizenship automatically already, but subsequently left the U.S. and now want a U.S. certificate of citizenship while outside the U.S. The form requires proof of obtaining permanent resident status already among other things.

There is a provision under INA 322 that could apply to you to file for expedited naturalization for the child outside the U.S. by filing N-400, but I am quite confused how that process works and I don't know what kind of oath of allegiance they are going to give an infant! (normally, naturalization requires the applicant to be over age 18, but under the INA 322 part of the Child Citizenship Act, applicant must be under age 18 and still must meet all other naturalization requirements!). To do that, the embassy is supposed to give the child a B2 nonimmigrant visa to go to the USCIS interview and be naturalized.

In the end, it sounds like you've begun the procedure of getting immigrant status for the child through Form I-130, and through that route, child will get U.S. citizenship automatically under INA 320 upon lawful admission for permanent residence and being in the physical custody of the U.S. citizen parent, so I think that would be the simplest and most commin way to proceed with the case, and you are already following that route. The issues of legitimation and who the father really is will be resolved during processing of the I-130, as the primary purpose of I-130 is to make exactly that determinaion.

If the I-130 petition was filed for Family second preference (spouse/children of permanent resident, 5+ year wait for a visa number), I would definitely notify USCIS that the petitioner has become a U.S. citizen and the I-130 for the child should be upgraded to IR2 and they can begin processing it immediately.

Good luck!

Edited November 8, 2007 by Chris Parker

[Chris Parker 11]

I think N-600K is for children who entered the U.S. and got immigrant status and had a U.S. citizen parent and got U.S. citizenship automatically already, but subsequently left the U.S. and now want a U.S. certificate of citizenship while outside the U.S. The form requires proof of obtaining permanent resident status already among other things.

There is a provision under INA 322 that could apply to you to file for expedited naturalization for the child outside the U.S. by filing N-400, but I am quite confused how that process works and I don't know what kind of oath of allegiance they are going to give an infant! (normally, naturalization requires the applicant to be over age 18, but under the INA 322 part of the Child Citizenship Act, applicant must be under age 18 and still must meet all other naturalization requirements!). To do that, the embassy is supposed to give the child a B2 nonimmigrant visa to go to the USCIS interview and be naturalized.

Correction here - Upon looking closer at Form N-600K, this is the form, not Form N-400, to use for applying for expedited naturalization of a child born and residing outside the U.S. That form is not merely to apply for a Certificate of Citizenship after leaving the U.S. as I incorrected said above. So, you might also be able to file Form N-600K for the child, however, beware of the requirement, "the child is residing outside of the United States in the legal and physical custody of the applicant." The U.S. citizen parent is the one who must apply.

Edited November 8, 2007 by Chris Parker

[miles 0]

I think N-600K is for children who entered the U.S. and got immigrant status and had a U.S. citizen parent and got U.S. citizenship automatically already, but subsequently left the U.S. and now want a U.S. certificate of citizenship while outside the U.S. The form requires proof of obtaining permanent resident status already among other things.

There is a provision under INA 322 that could apply to you to file for expedited naturalization for the child outside the U.S. by filing N-400, but I am quite confused how that process works and I don't know what kind of oath of allegiance they are going to give an infant! (normally, naturalization requires the applicant to be over age 18, but under the INA 322 part of the Child Citizenship Act, applicant must be under age 18 and still must meet all other naturalization requirements!). To do that, the embassy is supposed to give the child a B2 nonimmigrant visa to go to the USCIS interview and be naturalized.

Correction here - Upon looking closer at Form N-600K, this is the form, not Form N-400, to use for applying for expedited naturalization of a child born and residing outside the U.S. That form is not merely to apply for a Certificate of Citizenship after leaving the U.S. as I incorrected said above. So, you might also be able to file Form N-600K for the child, however, beware of the requirement, "the child is residing outside of the United States in the legal and physical custody of the applicant." The U.S. citizen parent is the one who must apply.

A million thanks chris parker!!! Now everything is totally clear for me. And I agree of filing I-130 is the simplest way to file for a child.Yet need a lot of patience I think filing N-600k does'nt applied for my child because my husband is here in US. Sorry if I did not made it clear to you about my situation. I am in US right now currently adjusting my status and got my interview appointment soon next week.Thank you for all the informations. Really appreciated and educated me a lot. I think I have to , just sit and relax and just let USCIS handle everything. I am hoping also that Vermont center will make some moves for the improvement of processing times.thanks

Miles