KIDS

[GyandMar 0]

I just have a question for my friend. She is married to an American Guy for 2 years and she had a kid with him. They are from Philippines. They move in Cambodia and process there papers there to come here in Philippines.

My question is:

They got married in Philippines and they file a tourist visa for her self to enter in the USA. Is that ok? She said she passed.

But the problem now is her daughter .... can't enter the USA without the US passport because the father is a US citizen. Is it really need it to have a US passport to enter in USA? if so what else the procedure on how to process the papers..

Thanks...IT WILL BE VERY HELPFUL FOR THE RESPONSES.

[canadian_wife 1,823]

A visa will not be issued to a child that has claims to US citizenship. The child needs a US passport

good luck

[hikergirl 277]

The first thing they need to do is schedule an appointment for the baby to get a CRBA (consular record of birth abroad).

[aaydrian 479]

For a simpler life just have your friend file CRBA, get the kid a US passport and if your friend plans to live in the US with her Husband, getting her child the appropriate visa will be on less hassle.

For the kid to get a US passport under CRBA the child has to be under 5 and the father a US citizen before the child was born.

[Penguin_ie 5,994]

*** Moving from Of Topic to CRBA forum ***

Yep, the child needs a US passport.

[apple21 953]

Assuming that the child was born in Cambodia, refer here: http://cambodia.usembassy.gov/birth_abroad.html

Edited December 6, 2012 by apple21

[Asia 2,498]

My question is:

They got married in Philippines and they file a tourist visa for her self to enter in the USA. Is that ok? She said she passed.

Does she want to immigrate to the US using her tourist visa? If so, that is not ok. If not, ignore my question.

[GyandMar 0]

Does she want to immigrate to the US using her tourist visa? If so, that is not ok. If not, ignore my question.

yes she want to stay her in USA for good. she is saying using the tourist visa to get here and when she get here she will change her status right away if it is ok. is that applicable too?

[Tahoma 2,292]

yes she want to stay her in USA for good. she is saying using the tourist visa to get here and when she get here she will change her status right away if it is ok. is that applicable too?

It is not OK to use a tourist visa with the intent to immigrate. Instead, her hubby should file for a CR-1/IR-1 spousal petition.

[Penguin_ie 5,994]

yes she want to stay her in USA for good. she is saying using the tourist visa to get here and when she get here she will change her status right away if it is ok. is that applicable too?

That would be visa fraud and is NOT allowed.

[Asia 2,498]

yes she want to stay her in USA for good. she is saying using the tourist visa to get here and when she get here she will change her status right away if it is ok. is that applicable too?

Definitely not.

Yourist visa is for tourist visit.

Using it with the intention to stay in the US for good is a visa fraud, as two previous posters said.

[sjr09 155]

For a simpler life just have your friend file CRBA, get the kid a US passport and if your friend plans to live in the US with her Husband, getting her child the appropriate visa will be on less hassle.

For the kid to get a US passport under CRBA the child has to be under 5 and the father a US citizen before the child was born.

That would contradict the below in bold and makes getting the CRBA/US Passport pointless after age 5 even if it clearly states the opposite of what your saying.

A Consular Report of Birth Abroad (CRBA) is an official record of U.S. citizenship issued to a person under age 18 The DS-11 is a separate process from the CRBA. The only connection to the CRBA is that the applicant will need such certification as proof of US Citizenship for the DS-11 form, therefore, applicant can acquire a US Passport at any age if he/she holds (Certification of Report of Birth Abroad.)

Do read Form DS- 2029 and page 2of 4 proof of US Citizenship on the DS-11 Form