US Citizen dad might NOT be able to file for CRBA

[rica30 0]

So our fiance(e) visa has been forwarded to the US Embassy Manila Consulate and now we are waiting for a scheduled med exam and interview. My fianc(e) Anton who is a US citizen and I have a 4-month-old baby girl. They say she is listed in our approved I-129F petition.

Anton and I are going to file for CRBA but we realized he doesn't meet the requirements as he only lived in the US for about 3 years and it says he/she should have had residency in the country for at least 5? years after the age of 14.

Our backup plan is to just file for a K2 visa for our baby but does it mean that if ever I do get approved in the interveiw, I will have to leave her behind? As it says here "such follow-to-join K2 visa can only be issued within ONE YEAR from the time the parent was issued the K1 visa.

Oh no. Please help! Any thoughts would be appreciated. Thanks.

[Penguin_ie 5,986]

Why would you leave her behind? A K2 can be issues at the same time as your K1, OR up to a year later- this doesn't mean you have to wait a year.

[rica30 0]

That's good news. Thank you.

[NigeriaorBust 4,087]

Because he doesn't meet the requirement to file a CRBA you have to get her a visa. Once she has a visa and is on US soil and then he can start the process to get her Citizenship.

[Jojo92122 1,924]

Because he doesn't meet the requirement to file a CRBA you have to get her a visa. Once she has a visa and is on US soil and then he can start the process to get her Citizenship.

Once the child enters the US on an immigration visa, the child automatically becomes a US citizen under the Child Citizenship Act. There is no process to get her Citizenship because US citizenship is automatic under the CCA.

The parents will probably want proof that the child is a US citizen. They can apply for a certificate of citizenship or a US passport or both.

Getting proof of US citizenship is completely different from applying for or getting citizenship.