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Recoleta180

Child born out of wedlock, but prior divorce not final

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I'm a US citizen and should have no problem proving residency.  My child was born in Argentina out-of-wedlock to my girlfriend (Argentinian and Italian citizenship).  However, my divorce to my ex (which has been pending and taking forever) was still not finalized when my child was born.  Am I still eligible to go through the CRBA process?  The eligibility requirements from Argentinian embassy website seem to indicate I must be "unmarried" to qualify...

 

  1. BOTH of the child’s biological parents are U.S. citizens and one of the parents has resided in the United States at some point.
  2. Only ONE of the child’s biological parents is a U.S. citizen, the child’s parents are MARRIED at the time of birth, and the U.S. citizen parent has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.
  3. The child was born to an UNMARRIED, MALE U.S. citizen who has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.  In this case, the U.S. father must agree in writing to support his child until the child reaches the age of 18 years.
  4. The child was born on or before June 11, 2017 to an UNMARRIED, FEMALE U.S. citizen who has spent at least 365 days of uninterrupted physical presence in the U.S. at any time prior to birth.
  5. The child was born after June 11, 2017 to an UNMARRIED, FEMALE U.S. citizen who has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.

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