Wolfe City, TX Immigration Law Firms & Lawyers

You can contact the offices that issued the documents to correct or amend the information and issue new certificates before submitting your petition. Otherwise, you will need to convince USCIS that it is the same person even though the names are not an exact match. USCIS may even request that you and your father submit to a DNA test to confirm the relationship.

As a U.S. citizen you have the right to immigrate your family. You have not lived for 5 years in the US so your child is not a derivative US citizen, except that if one of your parents is and he or she lived here 5 years before your child was born, there is a chance that the child derived US citizenship.  Regardless, I would suggest you consider filing to immigrate your wife and your child at the same time.  If the child enters the US to live in your physical and legal custody (can be with his mom as well) while under the age of 18, then he will automatically become a US citizenupon entry as a permanent residnet.  Your wife will not, she will enter as a permanent resident, or green card holder, and when she has been here for three years, can apply to naturalize. The process to immigrate your family should take an average of 10 months, give or take a little, depending on the government's work load.  If you want to discuss this in person or by phone, please call me at (619) 291-1112 and we can either discuss it on the phone or schedule an appointment. Sincerely,   Jan Joseph Bejar, Esq.

If you are married, you either file for the immigrant visa or the K-3 to enter the US to apply for adjustment of status. As your US citizen wife will be lawfully residing in Australia (I presume), the US consulate there should have jurisdiction to accept a direct filing of the I-130 relative petition. Contact the consulate or embassy directly to confirm she can file there. If not, she files it with the USCIS in the US.