branquinha
08-16-2007, 01:27 AM
Hello All!
My cousin, who is a USC, is turning 21 this coming October, and he will apply for his father, who is not in the US.
Since I am going through a process for my husband as well, and am involved in this whole immigration thing, I will be helping them out with the paperwork.
I have some questions about it though, since his will be a Consular Processing, which is different than my husband's who is AOS.
1) My uncle was not married to my cousin's mother when my cousing was born.
I was reading the I-130 and it says something about him having to be legitimated before his 18th birthday. Does anyone know what this means?
As far as their relationship, my cousin lived with his father (and mother) until they were about 11/12, then the mother brought my cousin (actually my cousins, as my uncle had 2 sons with this woman) to the US, where they later became USC. For all this time they have lived here, they have always gone back to Brazil to see my uncle (every year they spend summer there), and they communicate very often. I am adding this here because what I want to come accross is, even though my uncle was not married to my cousin's mother, he is not only his biological father, but he is also a present father (even with the distance).
Anyway, the form asks for evidence of this legitimation... I have no idea what he will have to send.
2) I'm not sure if I am correct in what I think the Consular Processing consists of, so I'm going to put down what I think... I would appreciate if anyone could let me know if I am wrong about anything step, or missing something, etc.:
First my cousin will have to send the I-130 to Texas Service (he lives in Florida). Once Texas approves it, they will send the paperwork to the NVC in New Hampshire. Because this is an immediate relative petition, the processing will continue immediately (meaning, no need to wait for a visa #), and they will send the I-864 and the DS-3032 to my cousin (along with the fee bills). I am assuming he would have to return this to them, and then once they receive they would send his whole package to the Consulate in Rio, Brazil.
My uncle would receive notification that he would have to go in for an interview... in the mean time he would have to get his medicals and fingerprinting (?) done. Once these were completed and everything was all set, then be would be called in to pick up his visa (is it the actual green card?).
3) My uncle is currently married (not to my cousin's mother, of course). Will his wife get derivative benefits? (If yes, will my uncle have to fill out a separate DS-230 for his wife too?)
I think that's it for now!
Thanks a bunch, in advance, to anyone who may chime in with answers!
My cousin, who is a USC, is turning 21 this coming October, and he will apply for his father, who is not in the US.
Since I am going through a process for my husband as well, and am involved in this whole immigration thing, I will be helping them out with the paperwork.
I have some questions about it though, since his will be a Consular Processing, which is different than my husband's who is AOS.
1) My uncle was not married to my cousin's mother when my cousing was born.
I was reading the I-130 and it says something about him having to be legitimated before his 18th birthday. Does anyone know what this means?
As far as their relationship, my cousin lived with his father (and mother) until they were about 11/12, then the mother brought my cousin (actually my cousins, as my uncle had 2 sons with this woman) to the US, where they later became USC. For all this time they have lived here, they have always gone back to Brazil to see my uncle (every year they spend summer there), and they communicate very often. I am adding this here because what I want to come accross is, even though my uncle was not married to my cousin's mother, he is not only his biological father, but he is also a present father (even with the distance).
Anyway, the form asks for evidence of this legitimation... I have no idea what he will have to send.
2) I'm not sure if I am correct in what I think the Consular Processing consists of, so I'm going to put down what I think... I would appreciate if anyone could let me know if I am wrong about anything step, or missing something, etc.:
First my cousin will have to send the I-130 to Texas Service (he lives in Florida). Once Texas approves it, they will send the paperwork to the NVC in New Hampshire. Because this is an immediate relative petition, the processing will continue immediately (meaning, no need to wait for a visa #), and they will send the I-864 and the DS-3032 to my cousin (along with the fee bills). I am assuming he would have to return this to them, and then once they receive they would send his whole package to the Consulate in Rio, Brazil.
My uncle would receive notification that he would have to go in for an interview... in the mean time he would have to get his medicals and fingerprinting (?) done. Once these were completed and everything was all set, then be would be called in to pick up his visa (is it the actual green card?).
3) My uncle is currently married (not to my cousin's mother, of course). Will his wife get derivative benefits? (If yes, will my uncle have to fill out a separate DS-230 for his wife too?)
I think that's it for now!
Thanks a bunch, in advance, to anyone who may chime in with answers!