CRBA next resort, since my I-129f was administratively close

[wowwop 0]

Greating to all VJ'ers. I have plenty of Q's and hoping to find some answers in this forum. Okay let me start off with a little story about my case. I am a US Army Veteran who went to school in the Philippines in 2003-2007. I meet my wife when i was i college. We did'nt get married, not this january of this year. We had to kids prior to our wedding, so in the eyes of US consuls, my kids is born out of wed-lock. I filled a petition for my wife march (i-130) and filed (i-129f) so my kids can join me with-out filling a separate petition. Unfortunately bought petition got approve at the same time, and the i-129f got administratively close. Things did not go well as planed, so now i have an option of filing a separate petition for my kids or go with CRBA. So i made a decision to pursue the CRBA. The problem im going to have with this is, i had to passport. One is my old Philippine Passport which was about to expire when i went to P.I. in 2003. And the other one is my US passport. I used my Philippine passport to travel to P.I. so i can avoid paying taxes if i over stayed (which i did) doing college. To make it worst, i lost that Phil. passport, and i had to pay somebody to get my US passport stamped, so i can leave P.I. to go back to the States in 2008. My question's :

*i want to know he time line of filing a CRBA from start to finish, coz i want to be there when my kids get interviewed.

*i want to know NVC processing time's for my wife CR1 so that i know when to send out my kids CRBA.

*is my college photos and other photos in the Phils. going to be enough of prof, for time of conception?

*if CRBA did get approve, do we still need to w8 for there US passport, or can they use there Phils. passport to go to US?

*In q's 31a and 31b of form DS-230, do we need to list my kids as person acompanying my wife, since were doing a CRBA for them?

*how long is the embassy going to issue visa's after interview?

*is my kids most likely getting DNa testing since i dont have a valid entry in PI on my passport, during time of conception?

these are some of my q's, hopefully i get some answers from experience VJ'ers who gone through with the same experience.

Thanks in advance and good luck to all. Being away with family is hard. Hopefully all of us will reunite with our love once as quickly as possible. God bless.

[Darnell 8,478]

CRBA out of wedlock is OK. You may or may not have issue with proving up US Citizenship and the 5 year-rule. USUALLY CRBA and PASSPORT APPLICATION handled at same time in Phils/US Embassy Manila.

if you'd like to submit new I-130's for yer kids, you can -

and can get them expedited (since their Mom's I-130 is approved)

see http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125

for some steps on expediting. ignore the bits on EP, you don't qualify.

If you'd like them all to 'travel together' - I suggest you stall on the wife's DS-230 for about 1 month -

and during that month (in this order)

1. file for CRBA - see what the result is. If negative result -

2. File the I-130's on the kids, include the expedite

You have up to 1 year to finish up at NVC, so don't stress that part. At some point, you'll decide whether or not you want all to travel together, and decide which 'path' works best for your family.

IMO, CRBA trumps a lot of silliness, but you need to be CERTAIN that you, the USCitizen, qualify. Repeat for emphasis- is OK to have the kids 'out of wedlock' - is no problem there, at US Embassy Manila.

Edited August 4, 2010 by Darnell

[bluemist 0]

apply for CRBA since you were a USC already when they were born.We filed CRBA for my daughter too out of wedlock.What my fiancee did (husband now) when he filed K1 for me,he included our daughter's name to accompany just in case her CRBA wont get approve.Anyways,my daughter's CRBA got approved.

All you need to provide is proof of your relationship from meeting the first time until present.You need to provide proof of your domicile here in the US too for 5years before your kids was born.You can use your military records,old tax returns if u still have it,if not,request tax transcripts from IRS..its free,old bank statements,etc.,

About your Phil.passport got lost..you can go to BI to request record showing the month/date/years you stayed in the Philippines,also your college transcripts will work.Just submit everything you have.

The most important that you need to complete is your proof of physical presence here in the US..make sure its 5yrs of evidence after your 14th bday or 5years before your kids was born and proof pf physical presence in the same location which is proof of your relationship from the first time until the conception to the present time.Im sure you guys have tons of pictures together,emails/chats,letters to each other,etc.

If you are not going to file for CRBA and just go for I-30..by the time of the interview..the consul will ask you/your wife if you were a USC already before your kids was born,then he/she will tell you to do the CRBA...that happened to some VJ members...they didnt know about CRBA so they filed I-30,I-129F and then the consil told them to do the CRBA first before they will release the visa.

So If I were you,do the CRBA first just like what we did.I didnt scheduled my interview yet after we got my K1 approval because we wanted to finish my daughter's CRBA first.And it was a smooth and easy process.

I hope everything will go smooth for you as well.