spouse visa first? or child birth report first?

[mrsgibson 0]

Hello all!!

I've been studying i-130 and cr-1/ir-1and just hit a wall...

We just got married in November 26,2012..we were in a relationship for 3years back in 2006-2009..

We got pregnant in 2009 got the marriage license but didn't get married... I moved back in Japan when I was 7months and had our daughter in November28 2009...three years passed, me and my daughter visited daddie and family for a month October 29 2012 till November 29 2012...Now me and our daughter are back in Japan.. hubby in the US... We need money and haven't got much yet...

I've not filed the birth report to the embassy in Japan so our daughter only has my name and Japanese citizenship.. will this be a problem filing the i-130?

should I apply for her birth report first before we file for i-130?

I'm just so confused right now...

Now I'm filing for our marriage in Japan.. waiting for the sign of my hubby and his birth certificate .. since he doesn't have a passport..

And I'm sorry I'm very new to this and have no clue whatsoever.. and Thank you very much for reading.. if you could help me I'd very much appreciate it!! THANK YOU !!!!

[Harpa Timsah 13,258]

Both at the same time. There is no "first" here. They are separate processes.

[aaron2020 11,651]

You can do both at the same time.

Your husband files the I-130 for you. There will be about 4-5 months of waiting while the I-130 for you is processed. While you wait for the I-130 to process, you and your husband file for the CRBA and US passport for your daughter. By getting a US passport for your daughter, you are asserting that she is a US citizen. It should take 1 or 2 months to get a US passport for your child.

The US does not care if your daughter has dual citizenship; US and Japan.

Japan allows a child born with dual citizenship to keep both until age 22. At age 22, your daughter will need to make a choice between US citizenship or Japanese citizenship.

Good luck.

[gstrength 20]

Hello all!!

I've been studying i-130 and cr-1/ir-1and just hit a wall...

We just got married in November 26,2012..we were in a relationship for 3years back in 2006-2009..

We got pregnant in 2009 got the marriage license but didn't get married... I moved back in Japan when I was 7months and had our daughter in November28 2009...three years passed, me and my daughter visited daddie and family for a month October 29 2012 till November 29 2012...Now me and our daughter are back in Japan.. hubby in the US... We need money and haven't got much yet...

I've not filed the birth report to the embassy in Japan so our daughter only has my name and Japanese citizenship.. will this be a problem filing the i-130?

should I apply for her birth report first before we file for i-130?

I'm just so confused right now...

Now I'm filing for our marriage in Japan.. waiting for the sign of my hubby and his birth certificate .. since he doesn't have a passport..

And I'm sorry I'm very new to this and have no clue whatsoever.. and Thank you very much for reading.. if you could help me I'd very much appreciate it!! THANK YOU !!!!

In order for you to start your paperwork, you must have your marriage certificate first. you could start the RCBA, it is not terribly important since the child is already an american citizen, as long as you have a birth certificate (with an english translation)you will be ok with USCIS.

[Penguin_ie 5,997]

You don't need the CRBA for filing the I-130, but the CO WILL want to see it when your wife interviews in 8+ months. So I would file both around the same time.

[mrsgibson 0]

Thank you so much you guys!!! I'll try doing both at the same time!!

[pushbrk 13,253]

Thank you so much you guys!!! I'll try doing both at the same time!!

If you can't do both at the same time, the spouse visa takes far longer than the CRBA, so I would file the I-130 first. No worries about not yet having filed the CRBA. You just need that completed before you actually bring the daughter to the USA with you.

[velrich 50]

Your husband need to get his passport so that he can go to Japan and do the CRBA. You cannot do it alone.

[aaron2020 11,651]

Your husband need to get his passport so that he can go to Japan and do the CRBA. You cannot do it alone.

Why not????? Why does the father have to go to Japan to file the CRBA?????? Please provide a source from the US government that says the non-US citizen parent cannot file a CRBA.

The instructions for Form DS-2029 requires the parent or legal guardian of the child to apply. Isn't the Japanese mother a parent? Nowhere does it say that the parent must be a US citizen. Of course, proving US citizenship for the child is easier when the father willingly participates.

If the US citizen father was the only person who could file, can you imagine the evening news on US citizen children who are abandoned by their US citizen fathers who don't want to file a CRBA????? That is not news that US government want to see broadcast. This is why the non-US citizen parent can apply for the CRBA. This is to prevent US fathers from abandoning their children in third world countries.

----------------------------

Here is info from the US Embassy in Manila; http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html. Notice the part where is says that the person filing must be a biological parent or legal guardian, and there is a "preference" that the applying person be the US citizen parent. Since there is a preference, it's implied that the non-US citizen parent can apply.

Unsigned, completed Application for CRBA (form DS-2029). Only the child's biological parent or legal guardian, preferably the U.S. citizen parent, can apply for a CRBA. Either parent, including a non-U.S. citizen parent, may execute and sign this application form before a Consular Officer. If it will be signed and executed by a legal guardian, a special power of attorney from the parent(s) or guardianship affidavit must be submitted. Please read and follow the "Instructions Page of the CRBA form" when filling it out. Complete items 1-15 but do not sign this form until you are standing before the Consular Officer during your appointment at the Embassy. Click here for the application for Consular Report of Birth Abroad (form DS-2029).

Edited December 12, 2012 by aaron2020

[pushbrk 13,253]

Your husband need to get his passport so that he can go to Japan and do the CRBA. You cannot do it alone.

Yes, she can.

[Roosha 51]

Regarding who needs to be present for the CRBA, I think it differs from country to country. I'm going to need to do this in June so I checked the embassy website in Qatar and it clearly states "Both parents and the baby must be present when the documents are reviewed by a Consular Officer." http://qatar.usembassy.gov/birth_abroad.html so the OP needs to check the US Embassy in Japan's website and see what their requirements are.

[mrsgibson 0]

I'm planning on going back to the states in late September.. If the i-130 still pending can I still go back with esta? Or do I need another visa?

And if my daughter gets the CRBA,we don't have to file i-130 for her? Or we still need one for her?

[Roosha 51]

I'm planning on going back to the states in late September.. If the i-130 still pending can I still go back with esta? Or do I need another visa?

And if my daughter gets the CRBA,we don't have to file i-130 for her? Or we still need one for her?

I don't know about the visa, but if your child gets CRBA that means she'll be a US citizen, so therefore nothing needed for her to enter the US. Except her US passport of course.

[mrsgibson 0]

I don't know about the visa, but if your child gets CRBA that means she'll be a US citizen, so therefore nothing needed for her to enter the US. Except her US passport of course.

Great!! Thank you!

[aaron2020 11,651]

I'm planning on going back to the states in late September.. If the i-130 still pending can I still go back with esta? Or do I need another visa?

And if my daughter gets the CRBA,we don't have to file i-130 for her? Or we still need one for her?

A beneficiary with a pending I-130 can travel to the US using the VWP or a non-immigrant visa. People from VWP countries don't usually have a problem visiting the US during their immigration cases.

When you apply for the CRBA, you can apply for a US passport for your daughter. Her US passport is her proof that she is a US citizen entitled to enter and live in the US. She does not need anything else as far as the US is concern.

Furthermore, you can't file an immigration petition for a US citizen. A US citizen does not need a visa to enter the US, so the US Embassy/Consulate will NEVER issue a visa to a US citizen.