jn0603

On 6/2/2021 at 3:10 PM, Paul & Mary said:

Not required. The child's legal guardian can accompany them to the interview.  Read the instructions for the CRBA and it can be done in 2 pieces.   

Thank you. Yes that is an option but not sure if we can rely on the guardian to do all the necessary steps. They currently live in Zurich so would have to travel to Munich I believe is closes for them. My other question is can we file the CRBA and book an appointment/interview in the US? 

On 5/31/2021 at 7:10 PM, SusieQQQ said:

Is the child in Germany? Then read here. Please read all the sections and links in these pages carefully. They answer all your questions about legitimation etc. You have until the child is 18 to apply.

https://de.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-under-age-18/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/online-crba-application/

 

 

Thank you Susie for the details and links. So we would have to travel there for the interview...I’m assuming it cannot be filed and request the appointment in the US? And they travel here for the interview. 

4 hours ago, JeanneAdil said:

thank you for completing the timeline 

it helps 

and yes,  USCIS would ask for a DNA and hopefully he is listed as father on the birth certificate along with all the good advice above

No he’s not listed as the father on her German birth certificate. So I’m figuring out how or what is the process to legitimize. 

4 hours ago, Mike E said:

 

I am not aware of an N-400K.  Please link to that.  
 

if you meant N-400, she would need to be a US LPR for 5 years less 90 days to be eligible to file that.  
 

N-600K is for a parent with legal and physical custody of the child where both live outside the USA.  That isn’t applicable here.  

Simplest and cheapest is to file for passport for the child though the US embassy.   N-600 can be done too, but it is more expensive and requires a year or more.  Once she gets a passport, I do recommend the N-600 as some situations require a certificate of citizenship if the citizen doesn’t have a CRBA or naturalization certificate. 

 

The father would need to show proof of residing in the USA  for 5 years before birth, 2 after age 14. The father would also need to show biological relationship, financial support, and legitimization before age 18. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2  defines legitimize.  It will vary by the child’s country of residence.  
 

The alternative is for the father to file I-130 as per the visajourney guide 

The mother would have to agree to give the father legal and physical custody.  One the child has an immigration visa and enters the USA, the child will immediately be a US citizen of entering before age 18.  Once the child has a US passport and US passport card, if the parents decide so, the child can return to live with mother.  
 

At age 14 the window is rapidly closing on some options.  So get started now.  

Thanks mike for the reply. 
So form n-600k is out of the question as the father does not have physical custody of the child. But how do we go about legitimize the child? Is it a form or legal process? He’s not on her birth certificate in Germany. 

12 minutes ago, SusieQQQ said:

Was your husband a citizen before she was born? I am assuming not, please correct me if he was. So you can’t just “get her citizenship”. She will have to (a) get an immigrant visa and (b) enter the US on that to get a green card. If she is still under 18 when that happens AND she is entering to live with her dad AND he can show legal custody, then she will automatically derive citizenship from him (the law governing this is INA320). If he can’t do all these she will have to apply by herself once she turns 18 and has lived in the US for 5 years. If she continues to live overseas with a non-USC parent then (unless he was a USC prior to her birth and able to pass on citizenship) she’s not going to anyway anyhow be able to become a citizen. (It’s not clear to me from your post whether you guys are planning to have her immigrate or not.)

Hi, yes the father is a US citizen born so he’s always reside here in the US. I’m not sure the best form to fill out as she does plan or at least have the option to move here. I’ve researched and read up a few of the different directions but not sure which route is best. 
Form I-130

Form n-400

Form n-600k

also file live birth abroad? Is it too late after 14years? 

Hi there, my husband has a child out of wedlock and she is 14. We are looking to get her, her citizenship but the form N-600k or is it 400k is a bit confusing. She lives overseas with her mom and so the question or proof of “legitimization” with child in custody is not possible. Also, what proof of legitimization can we provide? I thought USCIS can ask for biometrics and dna test. We can’t do DNA test on our own. 
So if there’s another way or form, any help would be greatly appreciated. 

Hi, I just received my green card a few weeks ago with my married name (my husband the beneficiary's last name). The immigration officer at our interview suggested I change it because it would be a hassle later on when this is a one step process. I was reluctant to change it now because I have property and everything from bank accounts to car insurance still under my birth name. However, I did change it.

So my question is that I will be moving and looking for a job in the US but still keep my property as my family lives in it back in Canada, am I legally bounded to change my surname in Canada to my married name like in the US on my green card?

Can I still have my Canadian passport and ID with my birth name? and also live in the US under my name married name?

Ok thank you for your help but I also have a car in canada, may I use that as my asset? I read that the sponsor may use car as asset as long as it's their 2nd car? But this is my car in canada?

Thank you for replying.

I was reading the instructions page for the form I-864

4. What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

a. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A, Contract Between Sponsor and Household Member.

b. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

c. The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;

In part C, I do have assets in USD but in a Canadian bank account but they're in stocks so can that be used? Because it can be cashed in within a year.

We have just gotten married last week and my husband the sponsor recently quit his job, he's working as a promoter as of now (self employed). So there's not much of proof of income. It says that I the intended immigrant may use my assets so does that mean I can show proof I have money in the bank?

Hi if anyone knows anything about prenups...

I just got my k1 visa and am planning to go to the US soon, however I have a home and assets that I'm leaving here so I would like to do a prenup. My question is can I and should I use a Canadian lawyer and my fiancé use a US lawyer? or is it better to find two US lawyers to do our prenups for my Canadian assets?

I have just been approved for my K1 visa, however I have a few friends going to Miami and wants to throw a mini bachelorette party before I head over to my fiancé who's in Vegas. Does anyone know if that would be a problem at POE with me going to Miami then heading to Vegas?

Hi,

I'm a little confused as to what to include in the Packet 3 to send back to the consular because it asks for form DS-156k, however that form says "the following documents must be attached in order to apply for a fianc(e) non-immigrant visa". Then is lists "your birth certificate, evidence of financial support, police certificate" and so forth. So do I include those in the package that I send back to the CSC?

Thank you very much any help is greatly appreciated.

hi,

I'm in the exact same situation. Took a year off work to go back and forth to see where this relationship goes. Well he proposed and we were going to get married but I had to come back as I have family visiting and wanted to tell my family in person that I was engaged. When I left to go to the US I was denied at POE and got finger printed and took a picture of me too. (like is that necessary? I'm not a criminal) was told I may enter when I have the proper documents. the customs officer never told me I was banned for any amount of years. I also signed a form stating I won't appeal? I was too in shocked to recall what I signed. He also never gave me paper to keep. Apparently, I overstayed by 3 months but I was honest and didn't know there was such thing as a total of 180days only. I just got my case number today from the NVC. now what next? do I call the embassy to see if they've received it? or just wait for my package and fill out the DS-160?

thanks!