does a dominican womans visa cover her infant child as well?

Sep 19, 2005
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if a domincain woman gets an immigration visa, does it cover her infant child as well?? and is there a time limit for the travel of the child? assuming the child would stay with relatives in the DR, while the mother sets up a living arraingement in america...

and then wants to bring ther child into america.

its a question posed to me, and I thought I ask here.

bob
 

irateskateboards

New member
Oct 4, 2006
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Boca Chica, Dominican Republic
i got married a yr ago. my wife has 2 children from a previous relation in D.R.as far as i know as long as the father is not on their birth certificate.there will be no problem.they have to have their own visa.they have to fill out seperate i-130's.and have to have their own passport's by the time they travel.it's better to do it all at once.all the family together.
we filled out my kids registro de nacimiento 11-30-2010 in 27 de febrero and we're still awaiting on their actas de nacimiento's.
 

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
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FRom what I experienced many years ago......

I believe you MUST file for the children at the SAME time as the mother, and they must be included on the papers for the mother's VISA..

If you do not, they will have a LONG, LONG wait, like many, many years to get their own VISA, which may or not may not occur.

As long as they are under 21 years old it should be no problem.

As said, if they are not included on the mother's application, then they are considered as a separate VISA appilcation and must wait the years it takes to get relatives a VISA.

Don
 
Sep 19, 2005
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I believe you MUST file for the children at the SAME time as the mother, and they must be included on the papers for the mother's VISA..

If you do not, they will have a LONG, LONG wait, like many, many years to get their own VISA, which may or not may not occur.

As long as they are under 21 years old it should be no problem.

As said, if they are not included on the mother's application, then they are considered as a separate VISA appilcation and must wait the years it takes to get relatives a VISA.

Don

thanks Don, so when the woman files she lists her infant child... and when she gets her visa....her child can go as well??

how about if the woman goes ahead by one year can she come get the child with out haveing to do another visa process??

basically doesnt the mothers visa apply to the child a year later?

thanks


bbad bad bob
 

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
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thanks Don, so when the woman files she lists her infant child... and when she gets her visa....her child can go as well??

how about if the woman goes ahead by one year can she come get the child with out haveing to do another visa process??

basically doesnt the mothers visa apply to the child a year later?

thanks


bbad bad bob

I am not an expert on that Bob.

But my opinion is NO.........
Only those in the original application is what I believe.


Don
 

belmont

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Oct 9, 2009
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Bob,
You didn't say what type of visa she has, Is it a spouse or a fiance'? If it is a K3, here are the rules for children.
Does my U.S. citizen spouse need to file separate petitions for my children?No. Your children may apply for K-4 visas based on the approval of Form I-129F, Petition for Alien Fianc?(e), that your U.S. citizen spouse filed on your behalf, but your U.S. citizen spouse must list the children on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.

Your U.S. citizen spouse is also not required to file I-130 petitions on behalf of your children before he or she is able to list them on the I-129F petition. However, your U.S. citizen spouse must file separate I-130 immigrant visa petitions for your children before they can qualify for permanent residence or apply for adjustment of status. More information about adjustment of status is available on USCIS?s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child, the child?s stepchild relationship with your spouse must be created before your child reaches the age of 18.

Are my children required to travel with me?Your children may travel with (accompany) you to the U.S. or travel later (follow-to-join). Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.

See Nonimmigrant Visa for a Spouse (K-3) for complete k-Visa rules.
 

windeguy

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Jul 10, 2004
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The short answer is to file for all those needing a visa, mother and child (or children) under 18, at the same time. Otherwise as was pointed out above, it can get more complicated. Simplify.
 

KateP

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May 28, 2004
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And more specifically, no, the child doesn't automatically get covered by her visa.
 

puryear270

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Aug 26, 2009
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It's been a while since I had anything to do with immigration law, so you definitely need to check with someone who is currently experienced and up-to-date on these matters.

But, I recall that a law change made several years ago says that, in some instances, if a child is born while the mother is awaiting approval of a visa, then the child may be automatically covered. It depends on the type of visa filed and the status of the person filing for the visa.

Who is the father of the child? If the father is a US Citizen and a relationship is already established with the mother, then it might be easier to go to the local American consulate and have the child recognized as a citizen born abroad.

Again, please consult with an immigration practitioner about this. Immigration law on these matters gets tricky.

Note to moderator: perhaps this should be moved to the legal forum, where it will be seen by the attorney from Guzman.
 

AlterEgo

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Jan 9, 2009
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When we sponsored my husband's brother and sister [they were on a waiting list for almost 10 years], the brother's wife and son were given green cards too, and the sister's daughter [she was divorced] was as well. Sister and daughter are now US citizens, brother and wife turned in their green cards for 10 year visa, only their son still has a green card.

AE