latininNJ

Ok. Hi.

I'm going to file an I-130 for my wife and my son.

Do I have to file one for each one?

He's my biological son, but I don't meet the requirements for the report of birth abroad.

Thanks

elga

If you're intending to file for a K3 and a K4 Visa you will not need a I-130 filed on behalf of both at that point of time. Before or while adjusting for the child's status (AOS) a seperate I-130 should be filed on behalf of the child, too, however.
A spouse's I-130 will be sufficient for your wife and your/her son will have a derivative status through the I-129F which is the application for the K3/K4 Visa.
If you don't intend to apply for K3 and K4 Visas you should file a seperate petition on behalf of both immediately.

Rete

Could you explain what requirements you don't meet to file the birth of your son at the US Consulate aboard? You are a US citizen or aren't you?

Rete

jeffreyhy

latin,

If your son really cannot claim US citizenship then you need to file a separate I-130 for each person.

Regards, JEff

latininNJ

Well the only requirment i dont meet is the two year physical presence prior to his birth.

Maybe you won't believe it but before he was born I lived in Venezuela for about 12 years since my 12th birthday, so that means I dont meet that requirment of two year presence after my 14th birthday.

Now, I do have the 2 year presence but after he was born. So, he has 2 years old and I have two years here.

Is there anything I could do?

Just Jenney

On the surface it looks like there's not much you can do about it. The USCIS page on this subject says:

http://uscis.gov/graphics/services/natz/faq.htm#q2

WHO IS BORN A UNITED STATES CITIZEN?
(3) Through birth abroad to ONE United States citizen

In most cases, you are a U.S. citizen if ALL of the following are true:

* One of your parents was a U.S. citizen when you were born;
* Your citizen parent lived at least 5 years in the United States before you were born; and
* At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.

Noticed that I added emphasis to the "in most cases" part -- which means there are SOME cases where it does not apply. What those cases are, I don't know, but a good immigration attorney might. I suggest consulting one.

~ Jenney

jeffreyhy

Jenny,

I would interpret that "in most case" to mean that sometimes a person will still not be a US citizen even if all of the criteria are met. Worse for latininNJ, not more hopeful.

I agree that it might be worth a consultation with an immigration attorney for him, but it does sound as though he has a realistic view of his situation and is proceeding accordingly.

Regards, JEff