Fiance had our child

[Lukus 6]

My fiance had our child while i was shipped over seas on a Military Deployment. I was able to get leave from my deployment to be with them for a couple of days. Then I had to return to the mission when I got injured and the unit sent me back to the USA for treatment. I did finally get my first surgery, and have another one on the 15th of December, them they will schedule me another one after the 15th.

I submitted an expedited request and it was approved in a few days. Now, we just received the NOA 2. But the military told me my son is a USA Citizen, but I do believe he still requires a passport. I am not sure.

Can any one here please help me with some advice?

As usual you guys are very helpful.

[Darnell 8,478]

re: son - need CRBA paperwork done at US Embassy/Consulate in that country. USA passport issued after.

[Lukus 6]

I understand, but is this easier because do I have to be there to do the CRBA? Because I am still getting treatment for my injuries here in the USA. I did complete my first surgery and I have at lease 2 more surgeries to go.

The USCIS gave approved the Expedite Request After filing the i129f everything was approved with in a month and a half. Can he get a Philippine Passport?

Do you know if I have to be in country for the CRBA?

Thanks so very much for your help

[TBoneTX 43,059]

*** Thread moved from K-1 Process forum to the Consular Reports of Birth Abroad subforum -- query fits best there. Link to thread cross-posted in Military Discussion forum. ***

[N-o-l-a 7,167]

I understand, but is this easier because do I have to be there to do the CRBA? Because I am still getting treatment for my injuries here in the USA. I did complete my first surgery and I have at lease 2 more surgeries to go.

The USCIS gave approved the Expedite Request After filing the i129f everything was approved with in a month and a half. Can he get a Philippine Passport?

Do you know if I have to be in country for the CRBA?

Thanks so very much for your help

They will not let him follow on a K1 visa without proof of a denied CRBA now that they know you (USC) are the father. They do not issue visas to people eligible for US citizenship.

I don't know about the consulate in your particular country, but I have read cases of the USC signing and notarizing forms and having them sent to the embassy.

[biaobiao 40]

You dont have to be in PI for the crba and passport as long as your docs are notarized from the us. Make sure you send the docs close to the interview date. I think some forms are valid for about 3 months only. Just check on the documents

Your son can have pi passport too.

[Lukus 6]

You dont have to be in PI for the crba and passport as long as your docs are notarized from the us. Make sure you send the docs close to the interview date. I think some forms are valid for about 3 months only. Just check on the documents

Your son can have pi passport too.

Wow,

Thank you very much.

My Fiance is also from Cagyan De Oro

[biaobiao 40]

Wow,

Thank you very much.

My Fiance is also from Cagyan De Oro

No problem. I was on the same boat about 2yrs ago.

Nice atleast she wont have a problem with the pi passport.

Unlike me we have to travel about 2hrs going to cdo.

Just make sure that during the estimated time of conception you and your fiance are together. I know it is obvious that he is your son but the embassy will need concrete evidence. So visa stamp, ultrasound, pictures. Include military evidence. Maybe it will give a little push.

And maybe you signed the birth certificate. And dfa in cagayan do not have rush processing. It will take more than a month to get the passport.

I applied october 24... Got my passport dec 8

Edited December 12, 2014 by biaobiao

[Lukus 6]

No problem. I was on the same boat about 2yrs ago.

Nice atleast she wont have a problem with the pi passport.

Unlike me we have to travel about 2hrs going to cdo.

Just make sure that during the estimated time of conception you and your fiance are together. I know it is obvious that he is your son but the embassy will need concrete evidence. So visa stamp, ultrasound, pictures. Include military evidence. Maybe it will give a little push.

And maybe you signed the birth certificate. And dfa in cagayan do not have rush processing. It will take more than a month to get the passport.

I applied october 24... Got my passport dec 8

Oh yes we have all of that, (Proof that we were together) I was able to get leave and go back to PI when he was 2 days old and this was the last time I seen them. Actually we got married during conception. I was married before, and my lawyer told me I was cleared to get married and gave me court papers. So I went to PI and we had our ceremony and this is when she got preggy. When I had returned for my deployment this is when I found out he had lied about the date and it was couple weeks after that my previous marriage was finalized. So the one in PI didnt count and now I had to file as i129f. I actually paid this lawyer for the immigration papers and this attorney promised me that my wife/fiance would be good to go when I return from deployment. Then when I returned for my medical issues, this immigration attorney had disappeared, grrrrr.

But I did find a great attorney did all my paper work Pro-Bono, (ATT Robert Brown Immigration) Omg they did all my paper work and couple weeks and mailed it to USCIS.

Wow ty Robert Brown.

[biaobiao 40]

Oh yes we have all of that, (Proof that we were together) I was able to get leave and go back to PI when he was 2 days old and this was the last time I seen them. Actually we got married during conception. I was married before, and my lawyer told me I was cleared to get married and gave me court papers. So I went to PI and we had our ceremony and this is when she got preggy. When I had returned for my deployment this is when I found out he had lied about the date and it was couple weeks after that my previous marriage was finalized. So the one in PI didnt count and now I had to file as i129f. I actually paid this lawyer for the immigration papers and this attorney promised me that my wife/fiance would be good to go when I return from deployment. Then when I returned for my medical issues, this immigration attorney had disappeared, grrrrr.

But I did find a great attorney did all my paper work Pro-Bono, (ATT Robert Brown Immigration) Omg they did all my paper work and couple weeks and mailed it to USCIS.

Wow ty Robert Brown.

Thats great then. They are really concerned about the conception. Married or not, they are not really concerned of that. When we had the crba, they told a couple that even if they are married they still need evidence to support that they were together around the estimated time of conception.

Like it was a big slap on the girl. The husband and their other kids was even there. Her voice started to fill the 2nd floor of the building. But i think they got approved. They spent longer time with american consul

Edited December 12, 2014 by biaobiao

[Lukus 6]

Thats great then. They are really concerned about the conception. Married or not, they are not really concerned of that. When we had the crba, they told a couple that even if they are married they still need evidence to support that they were together around the estimated time of conception.

Like it was a big slap on the girl. The husband and their other kids was even there. Her voice started to fill the 2nd floor of the building. But i think they got approved. They spent longer time with american consul

Ok we have so many pictures, proof and all. I just cant believe how fast things going. USCIS Received the packet November 3 and on 10 December we received the NOA 2 via email.

Just make sure you have your husband call USCIS Military Line and ask if they can request expedite from the computer.

Did you get you NOA 1 yet?

[Hank_ 9,173]

My fiance had our child while i was shipped over seas on a Military Deployment. I was able to get leave from my deployment to be with them for a couple of days. Then I had to return to the mission when I got injured and the unit sent me back to the USA for treatment. I did finally get my first surgery, and have another one on the 15th of December, them they will schedule me another one after the 15th.

I submitted an expedited request and it was approved in a few days. Now, we just received the NOA 2. But the military told me my son is a USA Citizen, but I do believe he still requires a passport. I am not sure.

Can any one here please help me with some advice?

As usual you guys are very helpful.

You and your fiancee need to complete the CRBA process at the embassy, this link will get you started.

http://manila.usembassy.gov/service/citizenship.html

Once your fiancee is ready to complete the visa process follow the flashing arrow below.

When you get a chance pop over to the Philippines forum, there a few completing the CRBA process now.

http://www.visajourney.com/forums/forum/129-philippines/

[Lukus 6]

You and your fiancee need to complete the CRBA process at the embassy, this link will get you started.

http://manila.usembassy.gov/service/citizenship.html

Once your fiancee is ready to complete the visa process follow the flashing arrow below.

When you get a chance pop over to the Philippines forum, there a few completing the CRBA process now.

http://www.visajourney.com/forums/forum/129-philippines/

I have already received the NOA 2 via email i am just awaiting for the hard copy.

TY

[AT20000 33]

Duh...! Your fiancees' and your babies' status are 2 separate issues. She is NOT a US national yet - her son is, since he was born to a USC. So get your son a passport and get your fiancee a green card.

So first things first: I don't get where your son was born but if he was born in the US, it is even easier for the passport IF HIS MOTHER IS OKAY WITH IT.

Birth certificate with your name on it? You have that? Then, since you are active duty, is your child enrolled in DEERS? If not, it needs to be done right away. Once he is in DEERS you get him a military ID card through the ID department of your base. If you don't know where it is, get in touch with the family readiness center of your base. ( and enroll him in Tricare while you are at it). If he was born abroad you need to go to the US Embassy/Consulate and get the consular report of birth abroad. PLEASE NOTE: You will have to get your spouse's authorization and signature to get a passport for your son. Therefore she needs to be there in person or to AT LEAST give her authorization in writing and notarize the document and a copy of her own ID.

For the passport you need the forms DS 11, DS 3053 ( with consent of the other spouse if not present ) and DS 5525 if there is no possibility for the other parent to be contacted (but there is a need of serious reasons for that). The form 3053 needs to be signed by the non present parent in front of a notary public who will notarize the form AND a copy of the parent's ID that you will join to your request.

Now ALL minor under 16 need a passport to travel and here is what you need:

1. Evidence of U.S. Citizenship
2. Evidence of Parental Relationship
3. Photo Identification
4. Parental Consent
5. Passport Photo
6. Application Forms
7. Passport Fees

1 -You must submit one of the following original certified documents as primary evidence of U.S. citizenship for your child:

• Certified U.S. Birth Certificate (must meet all of the following requirements):
  • Issued by City, County, or State of birth
  • Lists bearer's full name, date of birth, and place of birth
  • Lists parent(s) full names
  • Has date filed with registrar's office (must be within one year of birth)
  • Has registrar's signature
  • Has embossed, impressed, or multicolored seal of registrar
• Previous U.S. Passport (may be expired, must be undamaged)
• Consular Report of Birth Abroad
• Certificate of Naturalization
• Certificate of Citizenship

2 - You must submit evidence that lists you as the parent of the minor applying for a passport. Some documents, like a U.S. birth certificate, provide both evidence of citizenship and evidence of parental relationship. If you’re submitting one or more of the documents below as evidence of U.S. citizenship too, you must submit a certified copy. Examples of documents that may be used as evidence of parental relationship are:

• U.S. birth certificate
• Foreign birth certificate
• Adoption decree
• Divorce/Custody decree
• Consular Report of Birth Abroad of a United States Citizen (FS-240)

3- When you submit your application, the parent (or child, if he or she has an ID in his or her own name) must present one of the following primary photo identification documents, and submit a photocopy:

• Valid Driver’s License (plus a second ID if issued in a different state than where you apply)
• Current, undamaged U.S. Passport (if issued less than 15 years ago)
• Military ID card

4 - Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:

• U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent
• Court order granting sole legal custody to the applying parent(unless child’s travel is restricted by that order)
• Court order specifically permitting applying parent’s travel with the child
• Judicial declaration of incompetence of the non-applying parent
• Death certificate of the non-applying parent

5 - You must provide one passport photograph. The photo must be:

• In color
• 2” x 2” in size

There you have it. Now once all that is done, your fiancée can make the very same thing with her country so that the baby can have double citizenship ( always a good thing) she shows his Filipino passport when she travels with the baby to the Philippines and the US passport when she leaves the Philippines and arrives in the US.

FOOTNOTE :Now, I am not saying it is the case here, but to whomever it may concern in the future, doing that with ulterior motive is a bad idea because if the US passport is done so that the other spouse cannot leave with the baby, you will have to go to court for that and get a judge to strip her from her parental rights, and judges are not stupid.... They usually see that coming from miles away and they literally hate that.

(source: Myself; Foreign born and been married to a US veteran)