Jump to content
rica30

Is it too late to Report a Child Birth Abroad? (CRBA)

11 posts in this topic

Recommended Posts

Hi,

I need your advise.

My husband (since 2011) who acquired US citizenship by birth and I had a child born in the Philippines. I came in as a K-1 (fiancee) Visa Holder, Yes, we had a baby before getting married. I brought our daughter to the US as a K-2 Visa holder. I followed all requirements, we got married 90 days upon my arrival and filed for Adjustment of Status and eventually received my green card. Soon enough, I will file for removal of conditions and then for naturalization.

Now our dilemma is, back when we filed for my Adjustment of Status, we intended to file for our daughter's papers together with mine. The lady who had received our papers then said that we didn't need to file for our daughter's Adjustment of Status papers and instead, to file for CRBA. Long story short, we were not able to do this and my question is, is it too late to file for that NOW? She's been here since 2011. I feel it might be too late? What should we do?

Share this post


Link to post
Share on other sites

Yes, although you may have to appear in-person at the US embassy in the Philippines.

It's surprising that your child was able to receive a K-2 if they had a claim to US citizenship.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

Can not think there may be more complications. For example who did you state was the Child's father?

Somehow you persuaded the Consulate that the child was not a USC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

The reason why we opted to just get a K-2 visa and then hopefully that green card for our daughter was because my husband who is the US citizen, lived most of his life in the Philippines. I'm not sure if it's really required, but I thought we read somewhere that he may not be eligible to file for the CRBA (even though he is a US Citizen by birth) since he hasn't acquired enough years of residency in the US? Up to this day, we are still confused if we should opt for CRBA or the same process like mine, Adjustment of status, Green Card so on so forth......

Share this post


Link to post
Share on other sites

That is very different to the situation suggested by your first post.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

The child has no claim to citizenship. She should undergo the same process as you.

Share this post


Link to post
Share on other sites

In what year was your USC husband born and at what ages did he live in the U.S.?

http://www.uscis.gov/us-citizenship/citizenship-through-parents

1984. He was back and forth. So he was born in LA and flew straight to the Philippines a few days old. Was back in the United States Ages 1-2, 10-12, 16-17 and then came back again 2011 until present day.

I think I read somewhere that the USC has to have lived in the US for at least 5 years after the age of 14. Is this true?

Thanks.

Share this post


Link to post
Share on other sites

File child's AOS. No claim to citizenship based on what you've written how long the father was in the US actually.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

1984. He was back and forth. So he was born in LA and flew straight to the Philippines a few days old. Was back in the United States Ages 1-2, 10-12, 16-17 and then came back again 2011 until present day.

I think I read somewhere that the USC has to have lived in the US for at least 5 years after the age of 14. Is this true?

Thanks.

The requirement is actually that the parent live in the US for five years, two of which are after his or her 14th birthday. I agree with the previous posters that based on what you have said here, your child does not currently have a claim to citizenship through parents. The child will have to acquire a green card and will become a US citizen upon your naturalization (if the child is under 18 at the time you naturalize) or after five years of living in the US as a permanent resident (if the child turns 18 before you naturalize).


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×