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K1, K2, my son, and the whole mess several years later...

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K1, K2, my son, and the whole mess several years later...

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Old Sep 12th 2002, 1:26 pm
  #1  
Eric
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Posts: n/a
Default K1, K2, my son, and the whole mess several years later...

You can see all my messages back from 1998, under the name "eselk, [email protected]" for
those of you new to my story. A quick update:

Met a girl in Mexico We had a son together (my biological son although I hate that
word) I applied for a K1 and K2 visa for them. Everything went fine and we are
finally on the last step which will make them "real" permanant residents as opposed
to "conditional" at first and then "temporary". Kind of sounds funny that they even
call it "permanant" since it never really is, even after you become a citizen they
could even take that away, o-well, here is the problem.

Finally at the last step someone at the INS office decides to bring up the fact that
I should have applied for another type of visa (an immigrant visa) for my son. They
are also making a big fuss because the social security office decided to put my last
name on his ss card when his birth certificate has my wife's name (Mexico screwed up
and wouldn't let us fix it).

Anyway, I can't imagine they would make him leave the country because he has been
here so long, and he is only 5 years old. All of his paperwork from the U.S. has my
son's last name as mine. Only his birth certificate from Mexico has my wife's name
on it. Every other U.S. govt. office had no problem using my name, why does
immigration have to be such a pain? They want us to change the birth certificate in
Mexico. My thought is why does it matter what Mexico thinks, we should be able to
take care of this in the US.

Well, I gotta go, the wife is bugging. (now she just hit me! dammit)
 
Old Sep 12th 2002, 3:51 pm
  #2  
Girard Bourque
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Default Re: K1, K2, my son, and the whole mess several years later...

Hopefully Matt or one of the other lawyers can verify this.

Quick question. First of all, are you a USC? I would assume so if you are filing K
visas. If you are his father, then can you apply for a report of birth aboard of a
USC? I was born in Germany of a military family, 2 of my kids were born aboard and
my friend just had a little girl that they registered and are going for a US
passport. You might have to do it through the consulate in Mexico. But this would
allow you to get a US passport for your son right away. They might make you take a
paternity test but if he is yours, he should qualify for USC and not need a visa at
all. Second how much problem is it to go to court and just have his name changed so
you have a document to prove the "new" name. Just seems that you can by-pass the
whole green card thing and have a piece of paper so the INS will stop focusing on
that piece of

Jerry
 
Old Sep 12th 2002, 7:08 pm
  #3  
Queen
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Posts: n/a
Default Re: K1, K2, my son, and the whole mess several years later...

Your son should be a US citizen from birth since you're a US citizen. They can't
remove a US citizen from the US!! Your son is a US citizen, why did u file a K2 for
him????? Your son is a US citizen, and is entitled to all rights, you can even go and
apply for a US passport for him!!



[email protected] (Eric) wrote in message
news:<[email protected]. com>...
    > You can see all my messages back from 1998, under the name "eselk, [email protected]"
    > for those of you new to my story. A quick update:
    > Met a girl in Mexico We had a son together (my biological son although I hate that
    > word) I applied for a K1 and K2 visa for them. Everything went fine and we are
    > finally on the last step which will make them "real" permanant residents as opposed
    > to "conditional" at first and then "temporary". Kind of sounds funny that they
    > even call it "permanant" since it never really is, even after you become a citizen
    > they could even take that away, o-well, here is the problem.
    > Finally at the last step someone at the INS office decides to bring up the fact
    > that I should have applied for another type of visa (an immigrant visa) for my son.
    > They are also making a big fuss because the social security office decided to put
    > my last name on his ss card when his birth certificate has my wife's name (Mexico
    > screwed up and wouldn't let us fix it).
    > Anyway, I can't imagine they would make him leave the country because he has been
    > here so long, and he is only 5 years old. All of his paperwork from the U.S. has
    > my son's last name as mine. Only his birth certificate from Mexico has my wife's
    > name on it. Every other U.S. govt. office had no problem using my name, why does
    > immigration have to be such a pain? They want us to change the birth certificate
    > in Mexico. My thought is why does it matter what Mexico thinks, we should be able
    > to take care of this in the US.
    > Well, I gotta go, the wife is bugging. (now she just hit me! dammit)
 
Old Sep 12th 2002, 9:32 pm
  #4  
Des
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Posts: n/a
Default Re: K1, K2, my son, and the whole mess several years later...

Eric,

I assume you are a US citizen. If this little boy is your biological son, he does not
need an immigrant visa - he is a US citizen by the very fact that you are his father.
All you need to do is to accept being his father by registering his birth, his birth
certificate listing you as the biological father, with the US Embassy or Consulate in
Mexico. He will be entitled to a US passport at that point.

The K-1 was only a necessity for his mother, your fiancee. As for the name on the SS
number, you can dowload the form that allows you to change the name from
www.ssa.gov.

- Des
 
Old Sep 13th 2002, 3:29 am
  #5  
Chris Parker
Guest
 
Posts: n/a
Default Re: K1, K2, my son, and the whole mess several years later...

    > Met a girl in Mexico We had a son together (my biological son although I hate that
    > word) I applied for a K1 and K2 visa for them.

    > Finally at the last step someone at the INS office decides to bring up the fact
    > that I should have applied for another type of visa (an immigrant visa) for my son.
    > They are also making a big fuss because the social security office decided to put
    > my last name on his ss card when his birth certificate has my wife's name (Mexico
    > screwed up and wouldn't let us fix it).

Your son is a U.S. citizen (assuming you were physically present in the United States
prior to his birth for a period totaling not less than 5 years, at least two of which
were after attaining the age of
14).

You should have reported the birth at the U.S. consulate in Mexico and gotten him a
U.S. passport, not a visa. They should never have given him a K2 or an I551. It is
right and proper for them to make a stink about it now when someone finally noticed
the father was a U.S. citizen, and the individual was not an alien and therefore
ineligible for a visa or permanent residence. The different last name on the birth
certificate is how they probably overlooked it.

    > Anyway, I can't imagine they would make him leave the country because he has been
    > here so long, and he is only 5 years old. All of his paperwork from the U.S. has
    > my son's last name as mine. Only his birth certificate from Mexico has my wife's
    > name on it. Every other U.S. govt. office had no problem using my name, why does
    > immigration have to be such a pain? They want us to change the birth certificate
    > in Mexico. My thought is why does it matter what Mexico thinks, we should be able
    > to take care of this in the US.

File an N-600 to get your son a certificate of citizenship. They can't throw him
out! The name on his birth certificate from Mexico is his legal name.

http://www.i-
ns.usdoj.gov/graphics/formsfee/forms/files/N-600.pdf


Good luck. CP
 
Old Sep 14th 2002, 10:54 am
  #6  
Jeffrey Scharpf
Guest
 
Posts: n/a
Default Re: K1, K2, my son, and the whole mess several years later...

what they said...

and don't let your wife abuse you!

jeff "Eric" <[email protected]> wrote in message news:[email protected] o-
m
...
    > You can see all my messages back from 1998, under the name "eselk, [email protected]"
    > for those of you new to my story. A quick update:
    > Met a girl in Mexico We had a son together (my biological son although I hate that
    > word) I applied for a K1 and K2 visa for them. Everything went fine and we are
    > finally on the last step which will make them "real" permanant residents as opposed
    > to "conditional" at first and then "temporary". Kind of sounds funny that they
    > even call it "permanant" since it never really is, even after you become a citizen
    > they could even take that away, o-well, here is the problem.
    > Finally at the last step someone at the INS office decides to bring up the fact
    > that I should have applied for another type of visa (an immigrant visa) for my son.
    > They are also making a big fuss because the social security office decided to put
    > my last name on his ss card when his birth certificate has my wife's name (Mexico
    > screwed up and wouldn't let us fix it).
    > Anyway, I can't imagine they would make him leave the country because he has been
    > here so long, and he is only 5 years old. All of his paperwork from the U.S. has
    > my son's last name as mine. Only his birth certificate from Mexico has my wife's
    > name on it. Every other U.S. govt. office had no problem using my name, why does
    > immigration have to be such a pain? They want us to change the birth certificate
    > in Mexico. My thought is why does it matter what Mexico thinks, we should be able
    > to take care of this in the US.
    > Well, I gotta go, the wife is bugging. (now she just hit me! dammit)
 

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