CRBA and Centrelink

[Aussie Mummy 0]

When my daughter was born my partner (her biological father) and I were not together and his name is not on her birth certificate. I never filed for child support but was able to get the full rate of family tax payments because he wasn't on the certificate, if he was I am meant to claim child support and then get a reduced amount of payments. For health reasons (had a difficult birth resulting in me being in ICU for a few days afterwards) this is currently my sole income (as well as the parenting payment). My partmer and I have since got back together and are looking at filing a CRBA for her but I am concerned that if we do this than Centrelink will reduce my payments, I am already struggling financially to get by at the moment and my partner has just started a new job so even if Centrelink forced him to pay child support wouldn't be much (we are getting a co-sponser when we file the K1...waiting to file that too until we can aford the costs). So my question is if we do file the CRBA now will centrelink cut my payments...or would it be smarter to file it when we start the K1 process?

[sjr09 155]

Your question about (centrelink) is a county specific question.

[Touch of Treble 39]

This is a complicated question, so not an easy answer...

As far as centrelink will be concerned, they need to know what effecting income you have within Australia. Your fiance is not earning income in Aus, I think, therefore he will only need to state that fact and they will be fine with that. BUT to make that statement he will need to have an Australian Tax File Number and fill in a form notifying the tax department that he is not lodging a tax return as he has no income in Au. Then do the same with centrelink. He may need to be assessed by Child support for maintenance, but again, as there is no Au dollars involved he may not have a maintenance amount to pay. I think I would be cautious in doing anything much right now. Plan carefully the order in which you need to act.

The issues I see for you will be the Birth Certificate, with the father's name on it. Then CRBA and followed by Centrelink and CSA. Also getting the TFN, which you may need in the future as well. Centrelink may wonder why you only just put his name on the cert and may want to investigate in case you have been overpaid since the birth of your child. If you are planning to apply for the K1 and having your child's entry as a citizen, then I would try to get the K1 applied for first and then do the CRBA, the birth cert, then TFN, then talk to CSA and also have an interview with someone from Centrelink, DO NOT talk to them over the phone, the call-centre staff are not equipped to deal with this sort of issue, you will need to talk to someone in the international unit as well and sort out what you are doing with immigration, when etc.

You will be dealing with an incredible maze, which you have only experienced a small portion of, when you are trying to do something as complicated as you will be, be ready for errors and mis-information all the way, take notes, dates and names of people you speak to and be prepared to fight. Sounds dramatic but they may try to charge you for an overpayment based on the fact that you have not applied for maintenance from you child's father, even thought you knew who he was. That's probably going to be their biggest question. I have brought my child across with me, and dealt with them through that hassle and I also worked with centrelink for a few years a while ago...good luck.

[Aussie Mummy 0]

Thank you so much for the advice Chippy's girl!

So if we were to do the K1 first, which is kind of what I was hoping to do, then do we just include the baby in my visa application? And then worry about getting the CRBA once we have the K1?

[sjr09 155]

Thank you so much for the advice Chippy's girl!

So if we were to do the K1 first, which is kind of what I was hoping to do, then do we just include the baby in my visa application? And then worry about getting the CRBA once we have the K1?

It doesn’t work that way. 'If' the child has claim to U.S. Citizenship you can not include the child in your K-1 petition.

http://www.visajourney.com/forums/topic/398109-applying-for-a-consular-report-of-birth-abroad-crba/page__view__findpost__p__5800693

[Touch of Treble 39]

Thank you so much for the advice Chippy's girl!

So if we were to do the K1 first, which is kind of what I was hoping to do, then do we just include the baby in my visa application? And then worry about getting the CRBA once we have the K1?

No . The K1 is for you, the baby doesn't need a visa as she/he is a citizen of USA already. I would get the K1 started and while waiting look into the CRBA. File the CRBA so that it is complete before your interview for K1. Have a chat with a human at the Centrelink office and see what effects everything will have as you get closer to the K1 interview. Centrelink deals in facts not maybe's so they don't need to know you are filing for a K1, they need to know that you have a visa as a K1. Hope that helps.

[sjr09 155]

No . The K1 is for you, the baby doesn't need a visa as she/he is a citizen of USA already. I would get the K1 started and while waiting look into the CRBA. File the CRBA so that it is complete before your interview for K1. Have a chat with a human at the Centrelink office and see what effects everything will have as you get closer to the K1 interview. Centrelink deals in facts not maybe's so they don't need to know you are filing for a K1, they need to know that you have a visa as a K1. Hope that helps.

For the above in bold, the child is not automatically presumed a US citizen. The child may have 'claim' to U.S. citizenship, 'if' the U.S. citizen parent meets requirements to transmit citizenship to her/his child.

[Aussie Mummy 0]

Once again thank you Chippy's Girl! That makes sense and seems like a good idea