Questions about IR1 and IR2

[BKNnets 4]

Hello!

 

A little background, My husband a US  citizen, have been here in the Philippines since March 2016, we got married March 2017 and had a baby August 2017. Now we are planning to move to US. I understand that he have to move back to US to file IR1 and IR2 petition. Will he be able to file the petition right away when he got back?

 

Thank you so much,

[JFH 12,189]

Does the child not have US citizenship already? How long did your husband live in the US?

[BKNnets 4]

6 minutes ago, JFH said:

Does the child not have US citizenship already? How long did your husband live in the US?

Our child doesn't have US citizenship. He lived in the US since 2008 and he became naturalized in 2013.  

[JulianaSteve 25]

43 minutes ago, BKNnets said:

Hello!

 

A little background, My husband a US  citizen, have been here in the Philippines since March 2016, we got married March 2017 and had a baby August 2017. Now we are planning to move to US. I understand that he have to move back to US to file IR1 and IR2 petition. Will he be able to file the petition right away when he got back?

 

Thank you so much,

He don't need to move back. You can start the process in the local US EMBASSY  or having a lawyer in the US, like we did. I live with my husband outside of the US.

 

Call the Embassy/Consulate to get more information. 

 

Good luck. 

[Just Paul 4,591]

You simply mail the petitions to the Chicago Lockbox.   Later in the process he will need to deal with re-establishing domicile or sponsorship, if needed.

[geowrian 22,335]

13 minutes ago, BKNnets said:

Our child doesn't have US citizenship. He lived in the US since 2008 and he became naturalized in 2013.  

So how doesn't the child have US citizenship...? If he lived in the US from 2008 to 2016 (and was a USC before birth), that's well over the 5 years needed for the child to derive citizenship.

Edit: Well, there can be some set of circumstances where he still doesn't meet the physical presence requirements, but it would need to be a very specific set of circumstances.

Edited August 29, 2019 by geowrian

[Teemo 252]

3 minutes ago, geowrian said:

So how doesn't the child have US citizenship...? If he lived in the US from 2008 to 2016 (and was a USC before birth), that's well over the 5 years needed for the child to derive citizenship.

*2013

[Just Paul 4,591]

6 minutes ago, geowrian said:

So how doesn't the child have US citizenship...? If he lived in the US from 2008 to 2016 (and was a USC before birth), that's well over the 5 years needed for the child to derive citizenship.

Edit: Well, there can be some set of circumstances where he still doesn't meet the physical presence requirements, but it would need to be a very specific set of circumstances.

didn't naturalize until 2013.

[geowrian 22,335]

25 minutes ago, Paul & Mary said:

didn't naturalize until 2013.

29 minutes ago, Teemo said:

*2013

Okay...not seeing the connection...? Time prior to being a USC counts towards the 5 years.

 

[JFH 12,189]

I also can’t see how the baby is not a USC. The father was a USC at the time of the birth and lived more than 5 years in the US before the child was born. 

[BKNnets 4]

20 hours ago, JFH said:

I also can’t see how the baby is not a USC. The father was a USC at the time of the birth and lived more than 5 years in the US before the child was born. 

Hello! Regarding the 5 years in the US, does it have to be continuously 5 years because my husband was flying back and forth to the Philippines.

Here is his time line:

 

December 2008 US

October 2012 Philippines

January 2013 US

March 2014 Philippines

April 2014 US

December 2014 Philippines

February 2015 US

March 2016 Philippines

 

[geowrian 22,335]

5 hours ago, BKNnets said:

Hello! Regarding the 5 years in the US, does it have to be continuously 5 years because my husband was flying back and forth to the Philippines.

Here is his time line:

 

December 2008 US

October 2012 Philippines

January 2013 US

March 2014 Philippines

April 2014 US

December 2014 Philippines

February 2015 US

March 2016 Philippines

 

Nope - it's only 5+ years total. Ever (even before being a US Citizen or green card holder).

[BKNnets 4]

10 hours ago, geowrian said:

Nope - it's only 5+ years total. Ever (even before being a US Citizen or green card holder).

So he is not qualified to file CRBA for our child? Also he have his 2009, 2010, 2011, 2014, 2015 tax returns and his 2012 tax return his missing we can't have another copy, his 2013 we only have his tax transcript from the IRS.

[geowrian 22,335]

37 minutes ago, BKNnets said:

So he is not qualified to file CRBA for our child? Also he have his 2009, 2010, 2011, 2014, 2015 tax returns and his 2012 tax return his missing we can't have another copy, his 2013 we only have his tax transcript from the IRS.

If those dates are correct, it appears that he has spent at least 5 years in the US (all after age 14), and therefore is qualified to submit a CRBA to recognize the child as a US Citizen.

I would highly suggest doing that before any petitioning of the child...if they are petitioned and are actually a US citizen, it's going to be a long wait and wasted money to end up with a denial. CRBA is a much quicker process, too.

[BKNnets 4]

3 hours ago, geowrian said:

If those dates are correct, it appears that he has spent at least 5 years in the US (all after age 14), and therefore is qualified to submit a CRBA to recognize the child as a US Citizen.

I would highly suggest doing that before any petitioning of the child...if they are petitioned and are actually a US citizen, it's going to be a long wait and wasted money to end up with a denial. CRBA is a much quicker process, too.

Yeah we will apply for CRBA now. Thank you so much for your help.