Question on family based immigration, child born out of wedlock

[Sen_Ind]

Hello friends,

I am from India and one of my friend asked me for suggestions on the below situation. I do not know the best advise and hence here I am:

My friend has an Indian citizen relative who has a 3 yr old child born out of wed lock. The father of the child became US Citizen in 2014 and would like to sponsor for these two now. I told my friend that they can get married now and sponsor them for GC, but I do not know how to advise on her child.

Has anyone gone through this kind of situation? Any suggestions/experiences would be highly appreciated.

[rayb]

The father of the child has to petition the mother and child separately, with I-130 forms. Since the father just became a U.S. citizen, the child cannot claim U.S. citizenship until after he is in the U.S. with legal residency status.

The father could also petition the child's mother as a fiancee if they do not marry, and the child should have derivative k2 status.

--Ray B

Hello friends,

I am from India and one of my friend asked me for suggestions on the below situation. I do not know the best advise and hence here I am:

My friend has an Indian citizen relative who has a 3 yr old child born out of wed lock. The father of the child became US Citizen in 2014 and would like to sponsor for these two now. I told my friend that they can get married now and sponsor them for GC, but I do not know how to advise on her child.

Has anyone gone through this kind of situation? Any suggestions/experiences would be highly appreciated.

[Sen_Ind]

The father of the child has to petition the mother and child separately, with I-130 forms. Since the father just became a U.S. citizen, the child cannot claim U.S. citizenship until after he is in the U.S. with legal residency status.

The father could also petition the child's mother as a fiancee if they do not marry, and the child should have derivative k2 status.

--Ray B

Ray, Thanks so much for your reply. God bless you.

In option 1, my friend has told me that the US citizen was not sure as he did not mention in any of his citizenship forms about the child and is afraid of more scrutiny and possible revoking his citizenship. Is that true? I do not know much beyond this. Are there any other complexities involved if the child's birth certificate has US citizen's name and he never disclose those details in n-400?

Option 2: I do not know this option, but same concern as option 1 regarding child. Does uscis make a big deal if the child's biological father applies k2 visa for child?

Thanks for your help! I really appreciate it!!!

[rayb]

If the father's name is on the child's birth cert, he should be prepared to explain that he did not intend to petition the child as he was not sure child was his, and there were some disagreements between the child's mother and him.

Either way, the child would have to be included on a k1 petition as a derivative child, since the child is ineligible to claim U.S. citizenship through his U.S. Embassy because he father only recently became naturalized. Once in the U.S. and with a Green Card, the child can then claim derivative citizenship with form N-600.

--Ray B

Ray, Thanks so much for your reply. God bless you.

In option 1, my friend has told me that the US citizen was not sure as he did not mention in any of his citizenship forms about the child and is afraid of more scrutiny and possible revoking his citizenship. Is that true? I do not know much beyond this. Are there any other complexities involved if the child's birth certificate has US citizen's name and he never disclose those details in n-400?

Option 2: I do not know this option, but same concern as option 1 regarding child. Does uscis make a big deal if the child's biological father applies k2 visa for child?

Thanks for your help! I really appreciate it!!!

[Sen_Ind]

If the father's name is on the child's birth cert, he should be prepared to explain that he did not intend to petition the child as he was not sure child was his, and there were some disagreements between the child's mother and him.

Either way, the child would have to be included on a k1 petition as a derivative child, since the child is ineligible to claim U.S. citizenship through his U.S. Embassy because he father only recently became naturalized. Once in the U.S. and with a Green Card, the child can then claim derivative citizenship with form N-600.

--Ray B

Thanks again Ray!

I just talked to my friend and he has agreed that the US Citizen doesn't know that the child was his until his n-400 was approved and in queue for oath, as there were some differences between US citizen and the child's mother for the past three years. Right before his oath, he came to India and met the child's mother and child and came to know the facts that his name is on the BC. Then, after his citizenship, he has proposed to sponsor child and child's mother. Do you see any issues for us citizen in this situation going forward to sponsor his child and child's mother?

There is one more issue here, child doesn't have an Indian passport. Is there anyway that child can travel on mother's or father's passport to US?

Also, could you please advise which option(I-130-K3-K4 OR K1-K2) is the safe and best for the us citizen to petition for his family?

Thank you so much for your time! I really appreciate it!!!

[rayb]

The friend can petition the mother as a fiancee, listing the child on the petition, and the child will then be eligible for a derivative K2 visa.

Unless Indian passports are "family" passports, as "UK passports used to be," the child will need his own passport.

We are talking about a K1 fiancee petition, resulting in K1 and K2 visas (mother and child).

If the friend marries the lady in India he can then petition the new wife and child separately or CR-1 and CR-2 visas. Forget about K3 and K4 visas, as they aren't relevant options anymore.

--Ray B

Thanks again Ray!

I just talked to my friend and he has agreed that the US Citizen doesn't know that the child was his until his n-400 was approved and in queue for oath, as there were some differences between US citizen and the child's mother for the past three years. Right before his oath, he came to India and met the child's mother and child and came to know the facts that his name is on the BC. Then, after his citizenship, he has proposed to sponsor child and child's mother. Do you see any issues for us citizen in this situation going forward to sponsor his child and child's mother?

There is one more issue here, child doesn't have an Indian passport. Is there anyway that child can travel on mother's or father's passport to US?

Also, could you please advise which option(I-130-K3-K4 OR K1-K2) is the safe and best for the us citizen to petition for his family?

Thank you so much for your time! I really appreciate it!!!