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Posted

my baby was born here in manila philippines however we applied for crba..but it was not granted because my husband lacks domicile records in america after his 14th birthday we provide some proofs but for them its still not enough..we cant supply any other records because all the docs and computer related files were all destroyed during the hurricane katrina.."my husband resides in louisiana" and now...since his only 22 years old he dont even have job nor any tax returns..he was just a student..any idea how can i apply my daughter to bring with him in US?

i was unlucky too because i got a pink and white slip..and supposedly the june batches for release of visa in manila was already released including me however for the 2nd time the BAD consulate request for more..she wants a notarized certificate of employment on the first page (and when i passed it , she did not specify where to put the notary stamp, since there was an acknowlegement letter on the second page for the documentation the stamp was on the second page), now inspite of my father is above the poverty guideline, the consulate request for i864 and i864a for my stepmom (my dads' new wife), with rental lease ..=(

Posted

Not sure if this helps:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://www.visajourney.com/forums/index.php?showtopic=136743

If he has a US passport that is is proff of Citizenship.

Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck!

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Not sure if this helps:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://www.visajourney.com/forums/index.php?showtopic=136743

If he has a US passport that is is proff of Citizenship.

Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck!

Unfortunately that doesn't help, if you read the page from the link you posted it states the following:

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

As the OP mentioned, her Husband was not able to provide enough proof of physical presence in the U.S., after his 14th birthday.

I don't really have any advice for you Lostgurl as I am not familiar with children applying for a visa to the U.S., but I wish you luck :thumbs:

Posted
Not sure if this helps:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://www.visajourney.com/forums/index.php?showtopic=136743

If he has a US passport that is is proff of Citizenship.

Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck!

Unfortunately that doesn't help, if you read the page from the link you posted it states the following:

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

As the OP mentioned, her Husband was not able to provide enough proof of physical presence in the U.S., after his 14th birthday.

I don't really have any advice for you Lostgurl as I am not familiar with children applying for a visa to the U.S., but I wish you luck :thumbs:

I guess more info is needed from the op. Does he have a US passport? He must have something or be able to get proff of residency in the states. I cant believe that all goverment files was lost during Katrina. If he was born in the US then there has to be a paper trail. If he was born in the phils and immigrated to the US then there must be a paper trail.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted
Not sure if this helps:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://www.visajourney.com/forums/index.php?showtopic=136743

If he has a US passport that is is proff of Citizenship.

Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck!

Unfortunately that doesn't help, if you read the page from the link you posted it states the following:

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

As the OP mentioned, her Husband was not able to provide enough proof of physical presence in the U.S., after his 14th birthday.

I don't really have any advice for you Lostgurl as I am not familiar with children applying for a visa to the U.S., but I wish you luck :thumbs:

I guess more info is needed from the op. Does he have a US passport? He must have something or be able to get proff of residency in the states. I cant believe that all goverment files was lost during Katrina. If he was born in the US then there has to be a paper trail. If he was born in the phils and immigrated to the US then there must be a paper trail.

A US Passport is proof of Citizenship, but citizenship isn't what's in question here.

The law also says that, in order for the child to be a US Citizen, the Child's US Citizen parent must have resided inside the united states for at least 5 years, at least two of which were after attaining the age of 14 years. That's from INA 301(g). That seems to be the sticking point in this case.

If he didn't live in the US during the required time, or if you can't get enough evidence to demonstrate that he lived inside the US during this time, then he could petition for his child using an I-130. Or, if you go the K-3 route, you could get a K-4 visa for the child.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Posted
Not sure if this helps:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://www.visajourney.com/forums/index.php?showtopic=136743

If he has a US passport that is is proff of Citizenship.

Thats all I know...I just started this process myself and my wife is pregant there in the Philippines...God good luck!

Unfortunately that doesn't help, if you read the page from the link you posted it states the following:

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

As the OP mentioned, her Husband was not able to provide enough proof of physical presence in the U.S., after his 14th birthday.

I don't really have any advice for you Lostgurl as I am not familiar with children applying for a visa to the U.S., but I wish you luck :thumbs:

I guess more info is needed from the op. Does he have a US passport? He must have something or be able to get proff of residency in the states. I cant believe that all goverment files was lost during Katrina. If he was born in the US then there has to be a paper trail. If he was born in the phils and immigrated to the US then there must be a paper trail.

A US Passport is proof of Citizenship, but citizenship isn't what's in question here.

The law also says that, in order for the child to be a US Citizen, the Child's US Citizen parent must have resided inside the united states for at least 5 years, at least two of which were after attaining the age of 14 years. That's from INA 301(g). That seems to be the sticking point in this case.

If he didn't live in the US during the required time, or if you can't get enough evidence to demonstrate that he lived inside the US during this time, then he could petition for his child using an I-130. Or, if you go the K-3 route, you could get a K-4 visa for the child.

thankyou for ur answers..we have the my husband birth and us passport he resided in the states ever since..its just that we lack 2 more years of evidence after his 14th birthday we went to his previous schools in middle and highschool school dont have records anymore..(thats what they said to in my father in law)..we dont have tax returns yet for establishment because he was just a student..so im done with the cr1 spouse visa..because from the time i was petitioned i was pregnant yet and if we cannot file the us crba..i guess ur right we have to file i130 immediate relative petition :star:

Filed: Citizen (apr) Country: Ireland
Timeline
Posted
we dont have tax returns yet for establishment because he was just a student

Surely the university/ college he attended has some sort of records? Ie he paid tuition fees, attended exams etc. Maybe you can get a letter from them. Also, where did he live during that time? If he has a landlord, he could ask them for a letter, or maybe he has cancelled rent cheques?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted
we dont have tax returns yet for establishment because he was just a student

Surely the university/ college he attended has some sort of records? Ie he paid tuition fees, attended exams etc. Maybe you can get a letter from them. Also, where did he live during that time? If he has a landlord, he could ask them for a letter, or maybe he has cancelled rent cheques?

I agree, there has to be some kind of paper trail.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

 
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