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saad2018

CRBA filing at Pakistan embassy without husband

By saad2018 in Consular Reports of Birth Abroad (CRBA)

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saad2018 Newbie

saad2018   0

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My husband and i both are US citizens we moved to Pakistan last year while i was 5 months pregnant. I gave birth to my daughter in September. Due to personal reasons my husband and I are not living together any more I need to come back to US and for that i need to apply for my daughter. My husband is not helping in that he wont sign the consent form to apply DS-11 Please let me know what are my options. We also have a US born daughter she js 5 years old. 

 

SalishSea Grand Master

SalishSea   17,928

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1 hour ago, saad2018 said:

My husband and i both are US citizens we moved to Pakistan last year while i was 5 months pregnant. I gave birth to my daughter in September. Due to personal reasons my husband and I are not living together any more I need to come back to US and for that i need to apply for my daughter. My husband is not helping in that he wont sign the consent form to apply DS-11 Please let me know what are my options. We also have a US born daughter she js 5 years old. 

 

If he doesn’t consent for you to take your child out of Pakistan, I think you’re out of luck.

MaxThai Rookie

MaxThai   7

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I think if you can show the embassy you have sole legal custody of the new born it may possible to move ahead without your husband but it's only a maybe. Since I assume, from your wording, that you're both still legally married. It's up to the consular officers discretion. If not, it's best you consult a lawyer.

Boiler Grand Master

Boiler   45,660

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The International Child Abduction Prevention and Return Act (ICAPRA), 22 U.S.C. § 9101 et seq., is intended to ensure compliance with the Convention, to establish procedures for the prompt return of abducted children, and for other purposes.

“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.”

SalishSea Grand Master

SalishSea   17,928

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1 hour ago, MaxThai said:

I think if you can show the embassy you have sole legal custody of the new born it may possible to move ahead without your husband but it's only a maybe. Since I assume, from your wording, that you're both still legally married. It's up to the consular officers discretion. If not, it's best you consult a lawyer.

Being able to take a child to the US is not up to the consular officer.   It would be determined by the family court that has jurisdiction there.

TBoneTX Grand Master

TBoneTX   45,498

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A post violating the Terms of Service has been removed, along with a post quoting.  Post in civil fashion or risk unpleasant administrative action.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Family Mentor

Family   4,025

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8 hours ago, saad2018 said:

My husband and i both are US citizens

You do not need your husband to complete the CRBA for the baby. Fill out the forms as the transmitting parent…because both of you are USCs and were married at time of birth..either parent can transmit. 
 

You won’t be able to get the baby a US passport without your husband’s signature. ..but you will have the CRBA and secured her future. 

You would know better if you can navigate ( pay? pray ? ) the local authorities to give baby a Pakistani passport declaring absent father. Not ideal…but at least you can get out of Pakistan if needed.

 

Edited by Family
JeanneAdil Grand Master

JeanneAdil   6,554

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You would not be allowed to bring your new baby to the US without father's permission

 

Read the case of Cuban 5 year old Elian Gonzalez that the US had to return to his father in Cuba when the mother tried to bring him to US  in 1999 / the case caused an international incident

 

 
Here a parent can not even move a child from state to state without permission from other parent if they have joint custody
 
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