The next step very confusing.

[ahmadj]

As some of you might know I had a huge battle to fight with the USCIS, which I eventually won.

Long story short, I was a Green card holder, met my now wife, in oct 2009. In the Dominican Republic, went back and forth over there. We had our son in September of 2011. He was born in the Dominican Republic. (At that time I was in a battle over naturalization with USCIC, which I won) I became a Naturalized citizen in Feb of 2012. At that time my son was 4 months old. My wife is a Dominican citizen who never entered to US whatsoever. Im still flying to the Dominican every month to visit them. (gets pricey and interferes with work, but I have no choice)

I got married in the Dominican in February of 2013. Now we have decided to all live together in the US. As I embark on my next battle with USCIS I just want to get some thought and ideas on the easiest and fastest way to go about this.

After doing some research I thought of this way would be the best. I report the birth of my son to the US embassy in Santo Domingo. (consular report of birth, I just want to make sure my son would qualify, he was 3 months old when I get naturalized) He is now 2 years old. Upon qualification get him his US passport.

As far as my wife start the I-130 petition and have them both come here once everything is finished.

Would that be the best way or should I just file 2 I-130 petitions for my son and wife?
Thanks so Much,

 

[newacct]

Forget about consular report of birth abroad. That requires that your son is a U.S. citizen. There is no way your son is a U.S. citizen. You were not a U.S. citizen when he was born.

You need I-130 petitions for both of them. Once they get their immigrant visas and come to the U.S., they become permanent residents on entry, and also your son would immediately automatically become a U.S. citizen, as a green card holder living with a U.S. citizen parent in the U.S. At that point you can get your son a U.S. passport.

 

[ahmadj]

I was hoping I could avoid filing the I-130 and was under the impression that my son is a us citizen.

I was told since I became a citizen while he was under 18 I could claim him as a US citizen.

 

[Jackolantern]

Notice the last condition below. Your son is not a permanent resident yet, so he doesn't qualify to derive US citizenship at this time.

At least one parent of the child is a citizen of the United States, whether by birth or naturalization;
The child is under the age of 18 years and is unmarried;
The child is residing in the United States in the legal and physical custody of the citizen parent;
The child is a permanent resident.

After you petition for him and he is admitted into the US as a permanent resident and starts living with you in the US, he will become a US citizen. At that point you can apply for his US passport and/or N-600.