Wife's Visa effected by OUR baby not being USC yet?

[Charles & Ai 0]

Long story short

Wife and I married 12-2007. I am USC wife is Japanese Citizen.

We have a baby girl 9-2008

My wife and kid are in Japan.

I am sending in the AOS and DS230 forms completed this week so hope to have an interview in next 2 months - all medical check/police reports have already been finished so we are almost done!

The one thing is that the visa process is for my wife only. Will this seem odd at embassy because my kid is not USC yet? I thought I would go to Japan a couple days before the interview and apply for childs USC then to show that I had tried but because i have only seen my wife a couple times through all of this we have not yet applied for our childs USC.

Will this be a problem at the interview/paper work? Technically my child is not a USC yet until granted so. I wonder if this will raise eyebrows at interview?

Any suggestions - I do not want to spend $2000 and vacation time from work just to get the childs USC stuff worked out unless I really have to.

Thanks!

[payxibka 10,047]

Long story short

Wife and I married 12-2007. I am USC wife is Japanese Citizen.

We have a baby girl 9-2008

My wife and kid are in Japan.

I am sending in the AOS and DS230 forms completed this week so hope to have an interview in next 2 months - all medical check/police reports have already been finished so we are almost done!

The one thing is that the visa process is for my wife only. Will this seem odd at embassy because my kid is not USC yet? I thought I would go to Japan a couple days before the interview and apply for childs USC then to show that I had tried but because i have only seen my wife a couple times through all of this we have not yet applied for our childs USC.

Will this be a problem at the interview/paper work? Technically my child is not a USC yet until granted so. I wonder if this will raise eyebrows at interview?

Any suggestions - I do not want to spend $2000 and vacation time from work just to get the childs USC stuff worked out unless I really have to.

Thanks!

Visa process and CRBA process are separate and distinct. One will not affect the other. However, you need to settle the child's citizenship issue as the child potentially has a CLAIM to citizenship and the consulate most likely will not issue a visa until any potential claim is settle

[Charles & Ai 0]

Thanks!

Visa process and CRBA process are separate and distinct. One will not affect the other. However, you need to settle the child's citizenship issue as the child potentially has a CLAIM to citizenship and the consulate most likely will not issue a visa until any potential claim is settle

Do you think that they will not issue my wife's visa until the child's situation is taken care of??

If so, do you think I should travel to Japan to take care of the child asap? This is a large expense but much cheaper in the long run if this means my wife's visa not getting rejected....

[lucyrich 20]

Read INA 301. It begins with the words "The following shall be nationals and citizens of the United States at birth:". It goes on to list various sets of circumstances, including a child born outside the US of two parents, one of whom is an alien and the other of whom is a US Citizen who has spent at least five years physically present in the US, at least two of which were after reaching the age of 14.

So if your child has a claim to citizenship based on the fact that one parent is a US Citizen who has been in the US the required time, then the child has been a citizen since the day she was born. If the child wasn't born a citizen in the first place, then you won't be able to make her a citizen by the consular report of birth abroad process.

The consular report of birth abroad merely serves to document the existing fact that the child has been a citizen since birth.

So the subject question of this thread doesn't make sense. Your child IS a citizen and has been so since the day she was born.

You haven't gotten proof of that fact just yet, but you can do so at any time. It's probably better to do so fairly quickly, while all the evidence is fresh, but there's no strict requirement to do it rapidly.

[canadian_wife 1,829]

Yes, your child is a US citizen based on birth. However, the claim for citizenship must be made in order for that citizenship to be recognized and a passport issued.

You should do that ASAP for if they ask for a DNA test, you will want to take care of that as soon as possible. Like payxibka said, the claim must be settled before the visa is issued.

[Penguin_ie 5,997]

Do you think that they will not issue my wife's visa until the child's situation is taken care of??

If you have lots of other evidence of bonafide marriage evidence, you probably won't be asked for a DNA test and everything will go smoothly, and you'll be able to get your child's CRBA and wife's interview out of the way in the same visit. That being said, the only question I got asked at my interview is whether our twins had been registered with the embassy yet. So if you can, do make an appointment for that before your wife's interview, even if it is a few days before, or at least have a good reason why it hasn't been done.

[Charles & Ai 0]

Do you think that they will not issue my wife's visa until the child's situation is taken care of??

If you have lots of other evidence of bonafide marriage evidence, you probably won't be asked for a DNA test and everything will go smoothly, and you'll be able to get your child's CRBA and wife's interview out of the way in the same visit. That being said, the only question I got asked at my interview is whether our twins had been registered with the embassy yet. So if you can, do make an appointment for that before your wife's interview, even if it is a few days before, or at least have a good reason why it hasn't been done.

Thanks for the input! My current plan is to try to make a claim for the citizenship before the Visa interview. Because I work I figure I will go to Japan a good week before the interview for a vacation and perhaps the first or 2nd day in Japan I will go to the embassy to make a claim for the childs citizenship so they can see that this has been in process. Hopefully this will be sufficient to show we are in the process by the time my wife's visa interview starts.

Do you guys think that is sufficient? If not, I should go to Japan sometime this month to make a claim for the child's citizenship. The only down side to this is using vacation time and paying for a plane ticket...$1500!! Yikes!

Thanks again guys/gals.

[turbo2253 0]

Just wondering, do you have to go to the Embassy in person to start this process? Maybe you could do it from the US? I am not really familiar with this, but we start most of the other thins from here in the states. Just asking, Mike & Yizhen

[P&S 0]

I hope I can help you.Well Im in germany and my husband is in the US, we have daughter together and I could do her Report of birth, passport and SSN over here in Germany without him being present. He needed to send me a bunch of filled out forms, original documents and affidavits but it was possible for us to do it without him. So I suggest you either go on the US embasy website or call them to find out what exactly your wife need from you to get the babys passport. I hope thats help you.

[Dan & Juan 12]

I don't have any suggestions sorry but I do want to say congratulations on your child and family. I hope you are very happy I can't wait to try to have a kid ! I can't believe how love has literally changed my whole outlook on life at a later age!

happiness and speedy reunion for you with your lovely family