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is it possible to file to-joint-benefits for my 1yr old baby girl?

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  • is it possible to file to-joint-benefits for my 1yr old baby girl?

    i need your help on this one, i'm a legal permanent resident which i got frm my mother as an imediate relative which we got it on late 2004. my sister, my father and i got here in the US in mid 2005. so we are legal permanent resident now.

    I had a girlfriend in the philippines when i got my Green card, then we later found out the she was pregnant, my gf had my first baby, she was born on dec 2005. i went back to phils to take care of her and my baby. then got back here in the US, and wondering if i can get my baby. yes my baby, coz the mother of my child w/c is my gf was fixedly married to an irish citizen by her aunties.. another long story. anyway.. i want to get my baby girl in the philippines, with the consent of her mother, we decided to bring my baby here in the US. another story for the mother...right now i just want my baby.

    here's the question, my baby was born out of wedlock, she was born after i got my permanent resident card ,so is it possible to get her? necessary things to file. i ran in to this webpage where i should file to-joint benefits, is this possible for us, im just a green card holder. but the site says that child of legal permanent residents are derivative. im confused. pls help me on this. because the mother of my child will go back to ireland and settle things off. my baby will be left with my sister who is still studying. because in the future i will also get my girlfriend after she settle all the things in ireland. i need to get my child. pls help me on what to do.

  • #2
    i need your help on this one, i'm a legal permanent resident which i got frm my mother as an imediate relative which we got it on late 2004. my sister, my father and i got here in the US in mid 2005. so we are legal permanent resident now.

    I had a girlfriend in the philippines when i got my Green card, then we later found out the she was pregnant, my gf had my first baby, she was born on dec 2005. i went back to phils to take care of her and my baby. then got back here in the US, and wondering if i can get my baby. yes my baby, coz the mother of my child w/c is my gf was fixedly married to an irish citizen by her aunties.. another long story. anyway.. i want to get my baby girl in the philippines, with the consent of her mother, we decided to bring my baby here in the US. another story for the mother...right now i just want my baby.

    here's the question, my baby was born out of wedlock, she was born after i got my permanent resident card ,so is it possible to get her? necessary things to file. i ran in to this webpage where i should file to-joint benefits, is this possible for us, im just a green card holder. but the site says that child of legal permanent residents are derivative. im confused. pls help me on this. because the mother of my child will go back to ireland and settle things off. my baby will be left with my sister who is still studying. because in the future i will also get my girlfriend after she settle all the things in ireland. i need to get my child. pls help me on what to do.

    Comment


    • #3
      Lawful Permanent Residents

      If you are a lawful permanent resident and the father or stepparent of the child, you must file the following with the U.S. Citizenship and Immigration Services:

      * Form I-130, Petition for Alien Relative
      * A copy of your alien registration receipt card
      * A copy of the child's birth certificate showing the child's name and the names of both parents
      * A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)
      * A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
      * Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary.
      * If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted

      Source USCIS website Procedures: Bringing a Child, Son or Daughter to Live in the United States

      As you are unmarried and will have to prove your paternity it makes the above more complicated the way I am reading it in conjunction with the information found on US Embassy Manila website here http://manila.usembassy.gov/wwwha003.html

      You may find more answers to your question elsewhere. Try family based immigration resources

      Comment


      • #4
        In this case, your child doesn't have derivative status for immigration purposes. You immigrated as an immediate relative of a U.S. citizen, and the immediate relative category doesn't have derivative privileges. Furthermore, your child was born after you were already a permanent resident.

        You can sponsor your child for immigration, but the process will take many years. Once you are a U.S. citizen, the process will be faster, as your daughter will then be in the immediate relative category.

        Comment


        • #5
          thank you for the replies, so no way i can get my child right now.. i still have to wait for my citizenship though, is it possible if we can get her a non immigrant visa and when she get here, we'll just adjust her status ?? i hope this is possible.. thanks again.

          Comment


          • #6
            Your daughter would need a visa in order to travel to the United States as a visitor...except that she wouldn't actually be a visitor. It is doubtful that your daughter could secure a visa given that you claim parenthood...and you are a permanent resident.

            If you believe that your daughter's welfare requires your immediate intervention in her life, you may have to return to the Philippines.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA: If you believe that your daughter's welfare requires your immediate intervention in her life, you may have to return to the Philippines </div></BLOCKQUOTE>

              Hey racist douchebag, why are you always so quick to invite people back to their former countries?

              Take NOTHING this that this guy says as valid - he's an anti-immigrant moron that has his own motives for putting "spin" on whatever the laws are.

              Comment


              • #8
                Timmy: You're nothing but a foul-mouthed, illiterate fool.

                Comment


                • #9
                  And you're nothing but a bitter bigoted America-obsessed anti-immigrant dirt bag.

                  Comment


                  • #10
                    Timmy: I remind you that it's not my wife who's skipping out to go on vacation by herself; it's your wife who can't wait to go. I wonder why?? (ROFL)

                    Comment


                    • #11
                      Actually, while I acknowledge that you need to take any and all arguments into the gutter, and under normal circumstances I wouldn't even humor you with a response to your idiocy, I'll tell you that my wife practically begged me to go, but due to expecting a very good job offer from a company that I interviewed with and for financial reasons I won't be able to go. But I am EXTREMELY happy that her situation has been sorted and she will be able to see her loved ones for the first time in many years.

                      And I sit here totally and completely happy and at peace - unlike you, you tormented, miserable fu@k.

                      Comment


                      • #12
                        FOR: bonstock:

                        You are a legal permanent resident, at the time your I-130 was and single? and you travel to US while you were pregnant, you arrived on Immigration visa, you could have child born over here.

                        The child was born out of wedlock why you did not have a baby in US?
                        Is father a US Citizen?
                        If not, then you will need the following documents from Philippines.
                        1. Child's Official birth Certificate
                        2. Consent from father that he dose not have any right to the child.
                        3. You may apply for child's prior to the child's second birth day, and attached the copy of your I-551(Green Card).
                        If you have the marriage certificate it will be more easy. You will also need the I-864 as well.
                        YOU could have bring the child if you were a US Citizen mother physically present in U.S. or possession prior to child birth and present in U.S. or possession continuously 12 months prior to child's birth.
                        If you are in Philippines it is better to contact the Citizen Service or Immigration Section they will be able to give you complete information. In fact you have no way to get the baby here in US.

                        Comment


                        • #13
                          Adam: Why don't you actually read the posts before you try to offer advice? That would be very helpful.

                          Comment


                          • #14
                            While his information may or may not be accurate - it would be even more helpful if you found a new place to play - you contribute nothing to this forum but biased hate-filled nonsense.

                            Comment


                            • #15
                              Timmy: I realize that you're upset that your wife is leaving you to go party in Colombia by herself...but you must come to terms with the fact that you drove the poor woman over the edge.

                              Comment

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