USC bringing 7 Y/O son and fiancee/wife to US

[geowrian 22,335]

Some more examples specific to this situation:

 

CRBA (DS-2029): https://eforms.state.gov/Forms/ds2029.PDF

"2. Evidence of the parent(s)' U.S. citizenship and identity. This may consist of a U.S. passport, U.S. passport card,

Consular Report of Birth Abroad, Naturalization Certificate, Certificate of Citizenship or timely filed U.S. birth certificate.

For other forms of acceptable U.S. citizenship evidence, contact the U.S. consul."

 

I-130: https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

"3. What documents do you need to show that you are a U.S. citizen?

...

D. A copy of your unexpired U.S. passport"

[Ryan H 3,791]

***Derailing post and replies to it removed.  The correct answer regarding use of a US Passport to show US Citizenship has been given; belabor that point no further or Administrative Action will be taken.***

[GabiMatch 161]

Okay guys, so if I understood correctly, he can use his passport only as a proof of citizenship and beside that, the right way to bring his family would be to file for his son's citzenship and then apply a I-130 for his wife. Is that correct?

Thank you everyone for taking the time to help, it's very much appreciated!

[geowrian 22,335]

He can either do both concurrently, or do the CRBA first then the I-130 for his wife.

[GabiMatch 161]

18 hours ago, geowrian said:

He can either do both concurrently, or do the CRBA first then the I-130 for his wife.

I understand that CRBA is a Consular service, how does he procede with this if is is currently living in the US? Someone with a power of attorney could do it for him in Brazil?

[geowrian 22,335]

1 hour ago, GabiMatch said:

I understand that CRBA is a Consular service, how does he procede with this if is is currently living in the US? Someone with a power of attorney could do it for him in Brazil?

The mother could file the CRBA for the child (providing the required documents that he can mail to her). Just note this line in the CRBA application:

"Mother/Father/Parent. NOTE: If the U.S. citizen parent transmitting citizenship to the child is not present, he or she may complete State Department Form DS 5507 Affidavit of Parentage Physical Presence and Support and submit separately. The parent completing this application should provide as much information on the parent completing the Form DS 5507 as he or she has."

[Nitas_man 3,100]

On ‎3‎/‎27‎/‎2018 at 11:19 PM, Roel said:

None of those ways are easy or fast. 

There are countless threads here writing about difference between k1 and cr1. It's their choice what they want to do. 

 

Tell that friend to search this forum for k1 vs. Cr1 topics. There are so many. 

 

Since the child is US citizen, registered or not, he cannot have a green card. 

The determination as to whether the child is a USC is made at the consulate where the passport is applied for.

 

There are citizenship/residency requirements to pass citizenship to a foreign-born child of a USC.  If the residency requirements are met then the child will be issued a CRBA and US passport.  If the father was a citizen for 5 years before the child was born and was visiting brazil every three months it will be close.  He'll have to show physical presence in the US in order to determine whether or not the child qualifies.

 

The convoluted rules are below but they will be looking for 5 documented years of presence as a US citizen before the child's birth - at least that was my experience.

 

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

 

As to the proof of citizenship - a US passport constitutes proof of citizenship in all cases and circumstances. 

 

At any rate step one with this case is not determine what to file, it's to determine who has to be filed for and that means a joint trip to the embassy with father/mother/baby to apply for CRBA and passport for the child.  The CRBA can probably be obtained with one parent present, but the embassy for some reason made us come in together (and still do for renewals) for the passport.

 

 

 

 

 

 

Edited March 31, 2018 by Nitas_man

[geowrian 22,335]

1 hour ago, Nitas_man said:

There are citizenship/residency requirements to pass citizenship to a foreign-born child of a USC.  If the residency requirements are met then the child will be issued a CRBA and US passport.  If the father was a citizen for 5 years before the child was born and was visiting brazil every three months it will be close.  He'll have to show physical presence in the US in order to determine whether or not the child qualifies.

 

The convoluted rules are below but they will be looking for 5 documented years of presence as a US citizen before the child's birth - at least that was my experience.

 

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

For clarity, the requirement is 5 years of physical presence + being a USC, not five years of physical presence as a USC.

Edited April 1, 2018 by geowrian

[Nitas_man 3,100]

17 hours ago, geowrian said:

For clarity, the requirement is 5 years of physical presence + being a USC, not five years of physical presence as a USC.

Thank you - I should have clarified that from the posted rules.  I believe the rules require citizenship when the child was born as well, but OP clarified that already. 

 

So he will need to show hard evidence of 5 years of physical presence prior to the birth date + citizenship before the birth date.  That's going to be tricky after so many years.

 

AS to the earlier question - after application my recollection was 2-3 weeks to generate a passport and CRBA.  We went to the consulate and picked it up.

 

https://eforms.state.gov/Forms/ds3053.pdf is the form to send in with the mother if the father cannot attend.  The problem with the whole thing is proof of presence, which in our case they went through with a fine-toothed comb.  I used college transcripts and lease agreements and it still wasn't enough - she claimed I could have been out of the country between semesters and leases don't mean anything.  Had to drag out old passports to show that no I actually didn't have a valid passport between 1974 and the early 2000's + get the guy in the suit from the back office to intervene.  They finally processed the application.

 

 

 

 

Edited April 1, 2018 by Nitas_man