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Filed: K-1 Visa Country: Canada
Timeline
Posted

Let me try this again.

I am aware that I need to file for a crba . While looking around the travel.state website and the Canada us embassy website I found this

*You may also apply for a U.S. passport for your child (in lieu of a consular report of birth abroad) at a passport acceptance agency in the U.S. if that is a more convenient alternative

This is a more convenient alternative as me and my son will be visiting his father in the US this month. But there are requirements to apply for a US passport and then I came across this.

*If you Claim Citizenship through Birth Abroad to One U.S. Citizen Parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

Question. We are not married so does this make us ineligable ?

Also how is applying for a us passport an alternative to the crba when there are different requirements?

Will we meet these requirements? Help please .

Filed: K-1 Visa Country: Spain
Timeline
Posted (edited)

I believe the passport alternative is for those already in the States. You would need a crba if you are abroad and apply for your child's passport at the same time. The child's father will need to send a notarized letter and evidence of his residence in the States for at least 5 years beyond the age of 14, that is if he cannot come to Canadato register the child's birth at the embassy. It doesn't matter if you're married to each other. You just need a claim of paternity, which you probably have on your child's Canadiian birth certificate. I registered my child at the embassy in Spain without being married. However, my fiance was with me so it was less complicated. Read the embassy's requirement for crba if the US parent is not able to register the birth.

The other alternative is to bring your child with his/her Canadian passport to the US and obtain the US passport with the above listed requirements...and your fiance, of course.

Edited by RainInSpain

3/22/2012: Sent I-129F from Spain to Dallas Lockbox

3/29/2012: Packet received at CSC

4/2/2012: Touched

4/3/2012: Received Email notification of Receipt w/ case number

4/3/2012: Check cashed

4/13/2012: Received NOA1 hardcopy in Spain

7/19/2012: NOA2 approval (email and text notifications)

7/25/2012: NOA2 Hardcopy received

7/27/2012: NVC case number received

7/30/2012: NVC sent packet to US Embassy in Madrid

8/16/2012: Received packet from Embassy

8/23/2012: Received appointment letter from Embassy

8/28/2012: Interview and Approved!

8/31/2012: K1 visa received!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You don't have to be married.

Does the child have a CN passport so that he can enter the US? If not, might as well get the US one.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Canada
Timeline
Posted

The other alternative is to bring your child with his/her Canadian passport to the US and obtain the US passport with the above listed requirements...and your fiance, of course.

As I was reading on the http://travel.state.gov/passport/get/minors/minors_834.html web page we don't meet the primary requirements so I clicked on the secondary and got this

Foreign Birth Documents + Parent(s) Citizenship Evidence

If you claim citizenship through birth abroad to U.S. citizen parent(s), but cannot submit a Consular Report of Birth Abroad or Certification of Birth, you must submit all of the following:

 Your foreign birth certificate (translated to English)

 Evidence of citizenship of your U.S. citizen parent

 Your parents' marriage certificate

 An statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth

I don't know how to go about that.

Filed: K-1 Visa Country: Canada
Timeline
Posted

I don't think my child acquired citizenship through his father at birth because he was born out of wedlock. So I think we have to file for the n600 or just set up an appointment here in Canada for the crba . Our child was born in Ontario but Vancouver is somewhere that we both can get to fairly easy . I know it isn't about convenience when it comes to these forms but I wonder if it is at All possible to file for the crba there instead of the toronto or Ottawa consulate

  • 3 weeks later...
Posted

I don't think my child acquired citizenship through his father at birth because he was born out of wedlock. So I think we have to file for the n600 or just set up an appointment here in Canada for the crba . Our child was born in Ontario but Vancouver is somewhere that we both can get to fairly easy . I know it isn't about convenience when it comes to these forms but I wonder if it is at All possible to file for the crba there instead of the toronto or Ottawa consulate

Yes there is a consulate in Vancouver and you have to make the appointment online. I just did a CRBA and passport this morning for our newborn.

  • 3 weeks later...
Posted

You can get a passport for your child within the US without getting the CRBA.

If you were not married to the father, you need the birth certificate listing both parents names, a letter stating his periods of residence within the US, proof of lawful entry to the US and thats it.

I don't think my child acquired citizenship through his father at birth because he was born out of wedlock. So I think we have to file for the n600 or just set up an appointment here in Canada for the crba . Our child was born in Ontario but Vancouver is somewhere that we both can get to fairly easy . I know it isn't about convenience when it comes to these forms but I wonder if it is at All possible to file for the crba there instead of the toronto or Ottawa consulate

Your child did and is a citizen as long as the father fulfills the conditions required to fulfill your child's acquisition.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Posted

I believe the passport alternative is for those already in the States. You would need a crba if you are abroad and apply for your child's passport at the same time. The child's father will need to send a notarized letter and evidence of his residence in the States for at least 5 years beyond the age of 14, that is if he cannot come to Canadato register the child's birth at the embassy. It doesn't matter if you're married to each other. You just need a claim of paternity, which you probably have on your child's Canadiian birth certificate. I registered my child at the embassy in Spain without being married. However, my fiance was with me so it was less complicated. Read the embassy's requirement for crba if the US parent is not able to register the birth.

The other alternative is to bring your child with his/her Canadian passport to the US and obtain the US passport with the above listed requirements...and your fiance, of course.

They will not process the CRBA without the father being present. They turned me away at the US embassy in London even with the documents from the father. They said he had to be present.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

They will not process the CRBA without the father being present. They turned me away at the US embassy in London even with the documents from the father. They said he had to be present.

Not all embassies/consulates have the same requirements. What you say may be true in London, but not in all places.

I don't think my child acquired citizenship through his father at birth because he was born out of wedlock. So I think we have to file for the n600 or just set up an appointment here in Canada for the crba . Our child was born in Ontario but Vancouver is somewhere that we both can get to fairly easy . I know it isn't about convenience when it comes to these forms but I wonder if it is at All possible to file for the crba there instead of the toronto or Ottawa consulate

Being married has nothing to with it. It's about the child, not you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Not all embassies/consulates have the same requirements. What you say may be true in London, but not in all places.

Being married has nothing to with it. It's about the child, not you.

I believe that it does matter when you are unmarried. The child only gets citizenship when the father affirms that the child is his and agrees to support the child until the age of 18. I dont see how they can see that unless the father is present.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Filed: Country: Vietnam (no flag)
Timeline
Posted

I believe that it does matter when you are unmarried. The child only gets citizenship when the father affirms that the child is his and agrees to support the child until the age of 18. I dont see how they can see that unless the father is present.

It doesn't matter if the parents are married or not.

Whether married or not, it's up to the US citizen father to claim US citizenship for his children born abroad.

Posted

It doesn't matter if the parents are married or not.

Whether married or not, it's up to the US citizen father to claim US citizenship for his children born abroad.

The child of a marriage automatically assumes citizenship.

The child that is out of wedlock has to be "claimed"

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

The child of a marriage automatically assumes citizenship.

The child that is out of wedlock has to be "claimed"

No, you are wrong. The child of a marriage DOES NOT automatically assumes citizenship.

Automatic means NO PAPERWORK to submit to the US government to claim US citizenship.

Sending paperwork in MEANS IT IS NOT AUTOMATIC AND MUST BE APPLIED FOR.

A foreign born MUST FILE A CRBA TO CLAIM US CITIZENSHIP. There is no exception for the child of a marriage.

Let's contrast this with the Child Citizenship Act where citizenship is automatic. No need to file any paperwork.

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf From the PDF: "Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship."

Please show a citation where the statement you made is true. Please show me any law that distinguish that a child is automatically a US citizen and does not have to CLAIM US CITIZENSHIP because the parents are married.

This is from the US Embassy. Strange that the US Embassy would have a procedure for a foreign born child to claim US citizenship and requires providing a copy of the parents' marriage certificate if applicable. WHY HAVE A PROCEDURE FOR THE CHILD OF A MARRIAGE TO CLAIM US CITIZENSHIP IF IT IS AUTOMATIC?????????? IF IT WAS AUTOMATIC, THEN WHY MUST THE PARENT SUBMIT A CRBA TO CLAIM US CITIZENSHIP?????????

http://yemen.usembassy.gov/yemen/birth_abroad.html

http://yemen.usembassy.gov/cus/possible-derivative-claim-to-us-citizenship.html

Edited by aaron2020
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The child of a marriage automatically assumes citizenship.

The child that is out of wedlock has to be "claimed"

Incorrect regarding marriage.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

  • 2 weeks later...
Posted

No, you are wrong. The child of a marriage DOES NOT automatically assumes citizenship.

Automatic means NO PAPERWORK to submit to the US government to claim US citizenship.

Sending paperwork in MEANS IT IS NOT AUTOMATIC AND MUST BE APPLIED FOR.

A foreign born MUST FILE A CRBA TO CLAIM US CITIZENSHIP. There is no exception for the child of a marriage.

Let's contrast this with the Child Citizenship Act where citizenship is automatic. No need to file any paperwork.

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf From the PDF: "Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship."

Please show a citation where the statement you made is true. Please show me any law that distinguish that a child is automatically a US citizen and does not have to CLAIM US CITIZENSHIP because the parents are married.

This is from the US Embassy. Strange that the US Embassy would have a procedure for a foreign born child to claim US citizenship and requires providing a copy of the parents' marriage certificate if applicable. WHY HAVE A PROCEDURE FOR THE CHILD OF A MARRIAGE TO CLAIM US CITIZENSHIP IF IT IS AUTOMATIC?????????? IF IT WAS AUTOMATIC, THEN WHY MUST THE PARENT SUBMIT A CRBA TO CLAIM US CITIZENSHIP?????????

http://yemen.usembassy.gov/yemen/birth_abroad.html

http://yemen.usembassy.gov/cus/possible-derivative-claim-to-us-citizenship.html

Well this is what it says on the website that you posted

The redesigned CRBA, which is an official record confirming that a child born

abroad to a U.S. citizen parent or parents acquired U.S. citizenship at birth and serves as proof of citizenship,

What does it confirm? That which is already known, which is citizenship.

It is a record of birth abroad. The citizenship isnt claimed. Its acquired. The child is an AUTOMATIC citizen when both parents are American regardless of where the child is born. When you give birth in the US, you have to apply for a birth certificate too but if you don't get it that doesn't negate citizenship. In the same vein if the parents are both married to eachother and are citizens then the child is an automatic citizen. The CRBA is a proof of that but not having that will not lessen the claim.

I have a son that didn't get a CRBA at the embassy. When I applied, I was told that the USC father had to come too, in spite of the fact that I had all the paperwork. I brought my son to the USA on my passport, once here we were told we were able to apply for his passport. This was without the CRBA. This was from the state department and we were not married. We didnt have to produce a marriage certificate for our son.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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