Reanef

We did both at the same time because he was badly injured while visiting my family in the US during Christmas. It was advised that, as he had to have surgery that resulted in a long recovery, we apply for both I-130 and I-485 while he was here. After much contact with USCIS, it was ok'd and we applied. I know that that is usually frowned upon, but it has gone well so far. I know that when the petition is done then the adjusting is done. This case is both at the same time. So he isn't really "adjusting" from the normal status, but rather, going from visitor to resident. I feel like I am having a hard time explaining this

My husband and I applied for the I-130 and I-485 and received a letter saying that is time for the big interview! I started checking out the reviews for Indianapolis' field office, just to get an idea of what happens and saw a spot of concern. My husband and I have been married for three years now, but over a year ago we had a brief time of separation caused by a medical issues. It was for about 3 months. It is a very long and complicated story. We did not separate because we did not love each other. Once the issue was discovered, resolved, and sanity returned, we happily returned to our lives together as a family with our daughter. (Believe me, it was a hard thing to deal with, but we made it and became stronger for it.) I was concerned because I noticed they ask a lot of people if there has been separation or not. Would something like this cause problems for our case? I just want to know what it might mean for us.

Just saw this thread, and if the solution above does not work, would you be able to reschedule your flight, even by just one day (or a few hours)? My son (USC) was born in Norway, and they were able to give him an emergency passport in less than 24 hours when we left for the US (the regular passport process was taking too long, and we had a scheduled flight; the day before they called me and said to come down and they would make him an emergency passport instead). The CRBA was mailed to us a few weeks later, when they'd processed it.

Thank you and I absolutely would do this if it weren't that everything is closed until Tuesday due to the Holidays. I have to leave before that or be expelled from the country for 2-life I dont want that happening. Sadly our flight leaves before anything can be done. It is absolutely rotten timing for all of this to happen but thanks to the information from the CBP Im no longer concerned with her entering the US. Just have to figure out how to get all her proof of USC done while Im there. So far I have no solid information but I CAN call USCIS on Monday before I leave and ask if they have any information to help me. Im kicking myself SO VERY hard for not doing CRBA when I should have.

I am reluctant to add to this conversation because we found ourselves almost exactly in your position, and a few people here on VJ have told us that we broke the law. We will, without doubt, be told that we broke the law, again, despite our correspondance with Department of Homeland Security, the USCIS, and most recently, our meeting April 3rd, 2012, where our son was present during the green card interview. The IO even gave us advice on how we could obtain our youngest son's citizenship without returning to Mexico.

Our youngest son was born in Mexico. I am the US citizen and my wife is from Mexico. Since we were not married when he was born, we were/are required to establish not only that I have lived in the United States for the required time, but we were told that we would need to have blood drawn from the three of us, to prove that we share the same DNA. This would have been the completion of the CRBA.

We received the K-1 and K-2 visas before we could complete the CRBA process. We declared his birth to an American citizen, (me), I think on the DS-156, and we declared it to the IO at the US consulate in Ciudad Juarez, in Chihuahua, Mexico. Before the interview at the consulate, we obtained a Mexican passport, and the American consulate in Juarez issued him a K-2 derivative Visa. We crossed the border without fanfare.

As to the Green Card interview, his Visa was there with their paperwork, and the IO asked us why we were not applying for him to have a green card. We explained to them that since he is an American citizen, that it would be illegal for us, or for them to issue him a green card. It was a non-issue. They told us that there is another way, but their information was limited, and told us that we could investigate it for ourselves, or that they could help us if we wanted them too. I told them that we would do it ourselves. Their recommendation for us was to file a N-600, in lieu of the CRBA. In this situation, a DNA test may not be needed.

After many VJ members told us that we had broken the law to bring our son here, I sent off a letter to the USCIS, and to Homeland Security, and despite how the law/regulation is written, or what is known to many here on Visa Journey, we were informed that we did not break the law.

As a point of interest, our son became deathly ill from either raw poultry, or from some feral kittens where we used to live in Puerto Penasco, Sonora, we obtained permission for he and I to travel to the United States, after having tried to get him medical attention in Mexico. This was long before we applied for the K-1, and K-2 Visas. We simply passed through the immigration POE for the USA, went through the secondary inspection. Only there did they hold us for a short time to verify his Mexican birth certificate and to consult with the officers at the POE that we passed through. Once again we told the truth, and we were allowed to pass.

I am not suggesting that you do what we did. It is certain that lady luck was on our side, and a whole lot of honesty. In fact when we all passed through the POE in El Paso, Texas, all this pre-occupation with our son having a Mexican passport and an American Visa was for nothing. We crossed the border without any problem whatsoever. In fact, I did not have my passport at the time, and I, too, passed without any problem. We have the emails from Homeland Security, and USCIS. We never meant to deceive anyone.

We wish you the best, and hope that you find the answers here on VJ. VJ members are very knowledgeable and we would never give out advice incorrectly, or purposely mislead you. Certainly, our situation is unique, and knowing what we know now, we certainly would have waited for the CRBA to go through before crossing the border into the USA.

Thank you for sharing your story. It give hope in hard times to see that it CAN work out despite many many people saying otherwise.

In my case I checked with the CBP as to make sure we weren't deceiving anyone as well and considering this is pretty much an emergency situation (my application to stay in Norway was denied and I HAVE TO LEAVE by said date or be expelled from the country by force for 2 years to life and it is Easter holiday making it impossible to even speak with the embassy or police station until after my flight is scheduled to leave) my daughter can enter on her Norwegian passport (dual citizenship). It is stated clearly on their website as well. If she holds dual citizenship and cannot obtain a US passport (due to emergency) she may enter with the Norwegian pass with ESTA completed. That is entirely legal despite people saying it was not. Im glad I was able to check into this or I dont know what I would have done. My biggest concern now is how I go about getting proof of her USC. I still dont have solid answers about that matter. I have seen that she CAN use the N600 to get a certificate OR apply for a passport.

Im confused about how to go about applying for her passport and actually made a separate post about it earlier today. Im not sure what I said wrong but found it removed. Perhaps this isnt the place to ask questions concerning passports. But thank you again for sharing

I apologize if this is in the wrong place here on the forum! Wasn't sure where to ask. I received confirmation that my foreign born daughter (She is a US citizen through me, we are getting the passport as proof) can apply for her passport while we are in the us. Her father is Norwegian and will be staying in Norway until we start his immigration process. To get her passport Im assuming we need him to fill out the consent forms and have them notarized in Norway and sent back. Is this correct or can I do this without his consent? It's not a problem if we need to of course Also one confusing thing for me is that a passport seems to require a SSN but to get a SSN, you need the passport to prove citizenship. Can I apply for the passport without a SSN for her? All the other needed documents to prove her citizenship through me (a born USC)are ready.

(Please don't ask/criticize me about CRBA I didnt do it and now its complicated! That's what I get. I know. But it's being worked out! )

I just found this information on CBP which is great news for me, regarding those with dual citizenship (My daughter )

'If you have a true emergency, and are unable to obtain a U.S. Passport before your travels and have only a VWP-eligible country's passport, then you will have to file with ESTA to use that passport to travel to the U.S., and you will have to use the non-resident queue when arriving at the U.S. airport using the foreign passport. Note: Is it important to PRINT a copy of the document for your records. The printout is not required upon arrival into the United States, as the officers have the information electronically. Some airlines require the printout upon check-in, please check with your respective airline.'

So it seems I will be ok to get her in the country. Ill be bringing a lot of documentation as well as her ESTA print out

I will just have to contact USCIS regarding the possibly of fixing her passport while Im home.

Thanks again Krikit!

I would contact the American Embassy in Norway for their input: Link

You could also do a search on the Customs & Border Protection site to see if this question has already been answered: CBP FAQ's

One post removed for TOS violations and member thread-banned.

I will look into the CBP stuff but sadly Easter in Norway is quite long and the offices aren't open until after Im at the airport on the exact day I have to leave Im thinking to call USCIS on Monday to see what I can find out. Do you know if there is an emergency line of some sort that can be accessed on weekends and holidays? I doubt it but it's worth asking!

Is the an option for me?

Section 322 of the INA provides for automatic acquisition of U.S. citizenship for children who reside abroad and are not legal permanent residents of the United States (green card holders) and who have fulfilled all of the following conditions:

At least one parent is an American citizen, whether by birth or naturalization;

The American citizen parent has been physically present in the United States for a total of five years, at least two of which were after age 14. If the citizen parent does not meet this requirement, it is enough if the child has an American citizen grandparent who meets the requirement.

The child is under the age of 18; and

The child is residing outside of the United States in the legal and physical custody of the citizen parent, has been lawfully admitted into the United States as a non-immigrant, and is maintaining lawful status (i.e., has not overstayed the visa).

Children who meet the conditions of Section 322 should travel to the United States with the American citizen parent in order to apply for naturalization (please note that this cannot be done at the Embassy). Once a Certificate of Citizenship has been awarded, parents can apply for a U.S. passport for their children either while still in the United States or at the American Citizen Services unit after returning to the home country.

Im trying to see if I understand this right. My child has to come with me to the US to be naturalized. In order to do that she has to enter via a non immigrant visa. Is the VWP considered a non immigrant visa? It seems by using this method, she cannot get a US passport until it is done, in which case she can get the passport while there or upon return to Norway at the embassy. Now to even get in the US using this method she would have to use her Norwegian passport and the VWP (if it is counted as non immigrant). Or maybe I have understood this completely wrong.

beware, it is illegal for a US Citizen to enter or leave the US without a US passport. TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part II > § 1185 § 1185. Travel control of citizens and aliens (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

I see you are a glass half full type of person. Because someone else ran a red light and didn't cause damage it doesn't mean you will receive the same treatment.

Do as you wish.

So the US would have me leave my child behind because I cannot obtain an American passport for her outside the country? I guess Im just not understanding how they can't have another option. Im sure there is a more reasonable solution for some one in my situation than 'Say bye to your kid'.

As a USC your daughter should not enter the US using her Norway passport. Now with that out of the way, you should have filed for a CRBA, research the embassy site

http://norway.usembassy.gov/birth.html

Now, they may even stop you'll at POE, b/c one of her parents will be carrying a US passport. ouch.

Well I already understand how all that works now that it's too late

I dont see why they would? A good friend of mine took his kid over to visit some family in the US (He is american as well) and never had a problem. His kid entered on his norwegian pass with the visitor visa deal as well. Mom was unable to go so a note was provided. They asked for the note and that was the only thing he had to do. I have one prepared from my husband as well. So i don't see the real problem Id run into there as far as entering. The problem here is how I go about setting up proof of her citizenship in the states AFTER entering on a Norwegian pass.

File CRBA. ASAP.

I would if I could but I HAVE to leave in two days and its Easter holiday

I am a born and raised American Citizen who is staying in Norway and returning to America on very short notice. My application to stay was rejected very unexpectedly. My daughter was born in Norway but the birth was never reported to the embassy. Yes, I understand this was a HUGE mistake and Im getting bent over for it. My daughter will be entering on her Norwegian passport as it was the only thing we could get for her with a few days notice, right before the Easter holiday. I am trying very hard to understand what I need to do so if you have any answers for these questions that would be very helpful to my heart

1. IS my baby an American citizen because I am or not? ( I fit all the living periods required and such as well). I ask this because I'm a bit confused. Do I have to fill out special forms or get her naturalized or something? I initially thought the USC just sorta was automatic with no need to fill out extra stuff.

2. Obviously I need to make it known SOME how that she exists to them when I get there. I need to get proof of that citizenship in order to get other things like a SSN. What and how do I get that proof? I saw someone on this board mention that they just filed for a passport for their kid while on a visa there. Is that really all there is to it or do I have to cough up the 600 dollars for an N600.

3. If I do have to do the form route, is it the n600 or n600k?

4. She will be coming into the US on the allowed visa waiver program giving her 90 days of non-immigrant lawful entrance. Is that enough time for one of these forms to be completed or is there a way to get an extension?

I really apologize for being so ignorant about this stuff. A lot of it is very confusing and I can't help but feel I failed to be a responsible parent. But Im getting my head back in the game and reaching out to seasoned people here who might be able to help. Thank you ahead of time!