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

[bishkek 0]

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.

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.

Thanks Chris for your info.

I went to the State Dept: site and checked for Children born overseas and below is the text:

Documentation of United States Citizens Born Abroad Who Acquire Citizenship At Birth

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3 evidence of the parents’ marriage, if applicable; and

Does # 3 mean that if not married it should not have any bearing on the child getting a US Passport ?

For the same Question I went to the US Embassy site In Bishkek Kyrgyzstan and they want both parents present at time of register of birth.

Citizen Services

Report Birth Abroad

A child born abroad to a U.S. citizen parent usually acquires U.S. citizenship at birth. Parents should contact the Consular Section as soon as possible after the birth and schedule an appointment to apply for a Report of Birth Abroad of a U.S. Citizen. The Report of Birth Abroad is the child’s proof of U.S. citizenship and can be used to apply for a U.S. passport and a Social Security Card. You may apply for a Report of Birth Abroad, U.S. passport and Social Security Card at the same time.

Document requirements:

Local birth certificate

Parents' passports and marriage certificate

We require that the baby and both parents are present at the time of application

The fee for a Report of Birth Abroad is $65. Please schedule an appointment.

(4) affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.

For proof of continous living in the US what support docs do I need to submit as proof to the Embassy?

I lack understanding between the different language used by the State dept for FS -240 and the department of USCIS U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA .

Can you please shed some light on them. Greatly appreciate your advise.

[Chris Parker 11]

Does # 3 mean that if not married it should not have any bearing on the child getting a US Passport ?

It means the rules I gave you will apply. If you were married to the mother, the rules would be less difficult.

For the same Question I went to the US Embassy site In Bishkek Kyrgyzstan and they want both parents present at time of register of birth.

Quite possibly. DNA evidence from the mother, father, and child will probably be necessary, and you will be responsible for lab costs. How else can even you know for sure if it is actually your child? (such is not unheard of)

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility.

Your case is one of those.

For proof of continous living in the US what support docs do I need to submit as proof to the Embassy?

Passport application date, passport stamps, driver's license & insurance records, school records, marriage certificate to your wife, an affidavit from you, lots of things could do it. I don't think the requirement is continuous living in the U.S., just an aggregate of 5 years.

I lack understanding between the different language used by the State dept for FS -240 and the department of USCIS U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA .

Can you please shed some light on them. Greatly appreciate your advise.

A Certificate of Citizenship and a Consular Report of Birth Abroad are almost the same thing (the Consular Report of Birth Abroad is more like a U.S. birth certificate for the child than the Certificate of Citizenship is). You don't need both, but you can get the Certificate of Citizenship from USCIS if & when the child comes to the U.S., if you want to pay for it. The child must be in the U.S. in order for you to apply for a Certificate of Citizenship.

Edited November 8, 2007 by Chris Parker

[Chris Parker 11]

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

I still don't get something... How did you get here? Where is your baby? If you got a K1/K3 visa to come here, why didn't you bring your baby with you on the derivative K2/K4 visa?

[miles 0]

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

I still don't get something... How did you get here? Where is your baby? If you got a K1/K3 visa to come here, why didn't you bring your baby with you on the derivative K2/K4 visa?

Sorry...If you will read carefully all the post i made in this topic ,you can find your answers to your questions. thanks again!

[Chris Parker 11]

Sorry...If you will read carefully all the post i made in this topic ,you can find your answers to your questions. thanks again!

Maybe I found it... so you are adjusting status from a B2 visitor's visa?

If so, methinks you're going to have a very tough adjustment of status interview for yourself---it looks very much from the application that you entered the U.S. with that nonimmigrant visa with the actual intent to reside permanently, which is mis-use of that visa. The fact you have the baby left abroad might be your saving grace... a compelling tie that shows you have no intention yet to abandon the foreign residence.

Edited November 8, 2007 by Chris Parker

[miles 0]

Sorry...If you will read carefully all the post i made in this topic ,you can find your answers to your questions. thanks again!

Maybe I found it... so you are adjusting status from a B2 visitor's visa?

If so, methinks you're going to have a very tough adjustment of status interview for yourself---it looks very much from the application that you entered the U.S. with that nonimmigrant visa with the actual intent to reside permanently, which is mis-use of that visa. The fact you have the baby left abroad might be your saving grace... a compelling tie that shows you have no intention yet to abandon the foreign residence.

No, I did't enter US for an immigrant intent and I can proved that to USCIS. I've been in US for many times and I have a great ties both phils. and Japan as a permamnent residence and I left my children abroad and Food Business in Phils. really don't have any plan of immigrating here...It just happen...well it's along story and I have to keep some things in private. The topic involved is not myself and it's about my son to my recent husband (USC). And pending I-130 topic discussion,I don't think I have to discuss my own because I have no difficulties on my AOS. USCIS people can only decide this. Anyway, I am thanking you again for kind advices.

Miles

[miles 0]

Any Philippine VJ members here who filed for USC minor sons petition in Vermont ???

Can you share the timeline of I-130 accomplishments ???

Your information will deeply appreciated.

Miles

[miles 0]

Today I called the USCIS number about the pending case of my 2 yr old son and the operator answered me that they were processing right now the May 24,2007 application for USC underage child and probably soon, next month our application will have some progress. The lady double checked our address and I asked the lady if we have to upgrade our application since we are married already and she answered me that no need for that.She was friendly and she told us that if we have some questions again just call us right away. Well , that is a good news. Hopefully...since my case was approved no worries and hassle for our case. Just need more patience in waiting .

Miles