k-2 question

[Dante & Geor 36]

We (my fiance USC and I) have a baby together, but he haven't filed CRBA, since I don't want him to be a USC (at least not without his consent), since we (again USC and I) both are Peruvians for birth, and I want my son to be as well at least until he reaches 18 when he can decide by himself...

This is allowed in some way?? Or is mandatory that we file the CRBA??

[Inky 1,111]

A baby born to a USC who has claim to US citizenship cannot be granted a visa. They have to file CRBA and get a US passport.

You need to find out if the child has claim to US citizenship.

[Dante & Geor 36]

He does, but I DON'T want him to, is it mandatory or so??

[Harsh_77 718]

I m not expert on this, but I think he can use the peruvian passport until he is 18 and then based on his parents US citizenship he can file for US citizenship.

He will have to apply for US passport before he turns 18 though.

[Inky 1,111]

He does, but I DON'T want him to, is it mandatory or so??

He cannot use a visa to enter the USA. He cannot move to the USA without the US passport because he will not be granted a visa.

[Dante & Geor 36]

That's what I'm asking. I don't want to decide for him, starting as now, so we've decide not to get his citizenship until he can decide by himself. I'm not aware if CRBA is mandatory, so that's why I'm posting this thread. I think it's valid if you want your son to preserve the citizenship from were he was born ¿? :wacko:

Is it valid that I don't want him becoming a USC when he can't decide by himself? I mean this is an option right??? :blink:

I guess if they ask me why he haven't his CRBA I think I'm free to say because I don't want him to?

[Casprd 167]

It certainly isn't mandatory, but if he doesn't claim his citizenship he can't enter the US on a visa. Bottom line is that he is a US citizen by birth whether you file or not. You are in the process of getting a visa so unless you intend to leave the baby with family in Peru, you will need something to bring him to the US. The immigration papers will list his father as a US citizen so that will make the baby ineligable to enter on anything other than a US Passport. A woman in Canada just ran in to this issue where she technically has dual citizenship so her visa was denied, but she can't get a US passport until she proves her USC by birth which is a huge headache now. You need to look in to Peru's dual citizenship laws. In many cases, if the gaining of citizenship in one country (i.e. the US) is not voluntary as it wouldn't be for an infant, then they don't loose their birth citizenship. Presumably the baby would have peruvian citizenship because you are a citizen and the baby was born in Peru. As long as getting a US passport doesn't jeaopordize this why not go this route and then they can be citizens of both countries.

Edited July 15, 2011 by Casprd

[Dante & Geor 36]

He cannot use a visa to enter the USA. He cannot move to the USA without the US passport because he will not be granted a visa.

Please understand me the way I understand you the first time you stated that. I DON'T WANT HIM TO BECOME A US CITIZEN DECIDING FOR HIM!. I want him to decide if he wanna preserve mom's nationality or his dad's. Since I'm not pursuing the american dream... I'm sorry but not all people want to become USC as I don't want to, and I don't want to decide for my son!

[Inky 1,111]

Please understand me the way I understand you the first time you stated that. I DON'T WANT HIM TO BECOME A US CITIZEN DECIDING FOR HIM!. I want him to decide if he wanna preserve mom's nationality or his dad's. Since I'm not pursuing the american dream... I'm sorry but not all people want to become USC as I don't want to, and I don't want to decide for my son!

Yes I get that but i'm telling you that the baby CANNOT MOVE TO THE USA ON A VISA if the child has claim to US CITIZENSHIP. Thats the fact. If the child has claim to US CITIZENSHIP they REFUSE HIM A VISA because he is a USC. Then he has to apply for US PASSPORT to enter the USA.

Maybe it is in your best interest to stay in your country until the child is older and then decide if you want to move to the USA.

[Dante & Geor 36]

Yes I get that but i'm telling you that the baby CANNOT MOVE TO THE USA ON A VISA if the child has claim to US CITIZENSHIP. Thats the fact. If the child has claim to US CITIZENSHIP they REFUSE HIM A VISA because he is a USC. Then he has to apply for US PASSPORT to enter the USA.

Maybe it is in your best interest to stay in your country until the child is older and then decide if you want to move to the USA.

I definitely want to be with my fiance, the only thing I'm not doing is filing for Citizenship. Honestly I don't mind if he was living somewhere else I would definitely go wherever he is.

This is some kind of coercion for me to get my baby with me... (File for CRBA then you're free to go) it's not fair

[payxibka 10,045]

if the child is going to be entering the USA at any time ... it is MANDATORY

does peru not allow dual nationality?

Edited July 15, 2011 by payxibka

[Dante & Geor 36]

Again, it's not fair. I don't want him becoming a USC just because his father is one!

[DanNNina 5]

Your child has a claim to US Citizenship. He cannot enter the US on a Visa, he will not be issued a visa. If he enters the US it will be with a US passport because he is a US Citizen. If you don't want him to decide until he is 18, he will not be able to enter the US until he is 18. If you don't want him to be US Citizen, then leave the child in Peru. Very simple, this is not complicated.

[Dante & Geor 36]

Your child has a claim to US Citizenship. He cannot enter the US on a Visa, he will not be issued a visa. If he enters the US it will be with a US passport because he is a US Citizen. If you don't want him to decide until he is 18, he will not be able to enter the US until he is 18. If you don't want him to be US Citizen, then leave the child in Peru. Very simple, this is not complicated.

For sure!!! So your best suggestion is to leave behind my son! -.-!

[payxibka 10,045]

For sure!!! So your best suggestion is to leave behind my son! -.-!

thems the rules whether you like it or not... why is it OK for him to be peruvian by birthright but not a usc?