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Filing CRBA if the filipina mother is not physically in the philippines

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the title says it all, i am american citizen, my son was born to a filipina here in philippines, i was in the middle of getting all requirements to file for his CRBA and usa passport, when his mother says shes going to thailand for work. so she wont physically be here. can i still file for CRBA and usa passport if she is overseas working? can she sign some forms or anything she can do from thailand? im trying to ask her to wait a few months so we can finish filing the CRBA and make sure its all set before she goes, but shes not listening so im coming on here hoping someone can help me with some information on this topic.. thank you for your time :)

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Will you have custody of the child? If so, I would say yes.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Will you have custody of the child? If so, I would say yes

He lives with me now, and will be going to states with me, at the moment we all are in the philippines, but in the CRBA checklist it only states if the american citizen parent is not in the philippines he will have to sign a form and have it notorized, but says nothing about if the filipina parent is not in the country if she can do the same thing or if because she is the national citizen of this country that and the mother of the child, she has to be here for the interview?

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the title says it all, I am American citizen, my son was born to a Filipina here in Philippines, I was in the middle of getting all requirements to file for his CRBA and USA passport, when his mother says she's going to Thailand for work. so she wont physically be here. can i still file for CRBA and USA passport if she is overseas working? can she sign some forms or anything she can do from Thailand? I'm trying to ask her to wait a few months so we can finish filing the CRBA and make sure its all set before she goes, but she's not listening so I'm coming on here hoping someone can help me with some information on this topic.. thank you for your time :)

I am not well versed in CRBA but a member that you should contact with is and his handle is "Brassballs" He has recently completed a CRBA and may be able to give you some guidance. I can start you out with some reading so that you have a better understanding of the process but he can guide you better than I. Of course others will be chiming in also.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1.A blood relationship between the person and the father is established by clear and convincing evidence;

2.The father had the nationality of the United States at the time of the person’s birth;

3.The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

4.The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

5.While the person is under the age of 18 years -- the person is legitimated under the law of his/her residence or domicile, the father acknowledges paternity of the person in writing under oath, or the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

You may need to go this route "Information for Parents on U.S. Citizenship and DNA Testing".

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dna-testing.html


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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