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paulmherrie

Following-to-Join or CRBA?

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My nephew was born 2008 whose father was Lawful Permanent Resident at that time. In 2009 his father was naturalize as US citizen. We are confused if CRBA is applicable to be use since his father is a US citizen.

If following-to-Join route, what will be timeline for it? Thanks.

AOS Journey from K-1

14 April 2010 - Sent I-485,I-765 (Did not apply for AP)

18 April 2010 - Delivered (Sunday)

26 April 2010 - Checks cashed

27 April 2010 - Touched (both forms)

28 April 2010 - Touched (both forms)

29 April 2010 - Touched (both forms)

03 May 2010 - NOAs received (postmarked April 26, 2010 dated April 23, 2010)

05 May 2010 - Biometrics Appointment letter (postmarked April 29, 2010)

07 May 2010 - Biometrics Walk in Done

07 May 2010 - Touch Both EAD and AOS

10 May 2010 - Touch Both EAD and AOS

17 May 2010 - Received New passport under married name

19 May 2010 - Original Biometric Appointment both EAD and AOS

28 June 2010 - EAD approved by email

01 July 2010 - Touch for EAD and another card production email

02 July 2010 - Touch EAD

06 July 2010 - Infopass Schedule

06 July 2010 - Received Interview appointment dated June 29, 2010

09 July 2010 - Touch on EAD dot changed to Post Decision

12 July 2010 - Touch on EAD

13 July 2010 - EAD card received in mail

04 August 2010 - Interview of I-485 (approved)

06 August 2010- Email Card Production for I-485

11 August 2010- Another Email for Card/ Document Production for I-485

12 August 2010- Post Decision Activity Notice has been sent based on email

01 September 2010 - GC received via PO BOX.

Removal of Condition

22 May 2012 - Sent ROC application

29 May 2012 - Confirmed delivered by USPS

11 Jun 2012- Check has been cashed

13 Jun 2012 - Extension letter received dated May 29, 2012 postmarked 6/8/2012

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Filed: Citizen (apr) Country: Ireland
Timeline

CRBA doesn't apply as the father was not a USC at time of birth (assuming mom isn't either).

USC parent can file a I-130 for minor child, no waiting required, child should get visa in 5-8 months.

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

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Thank you for your reply. It was short but clear. My nephew's mother was not a USC but just get her approval in IR1 visa. They are deciding to get my nephew by "Following-in". I was thinking CRBA and that procedure are the same. :thumbs: :thumbs:

AOS Journey from K-1

14 April 2010 - Sent I-485,I-765 (Did not apply for AP)

18 April 2010 - Delivered (Sunday)

26 April 2010 - Checks cashed

27 April 2010 - Touched (both forms)

28 April 2010 - Touched (both forms)

29 April 2010 - Touched (both forms)

03 May 2010 - NOAs received (postmarked April 26, 2010 dated April 23, 2010)

05 May 2010 - Biometrics Appointment letter (postmarked April 29, 2010)

07 May 2010 - Biometrics Walk in Done

07 May 2010 - Touch Both EAD and AOS

10 May 2010 - Touch Both EAD and AOS

17 May 2010 - Received New passport under married name

19 May 2010 - Original Biometric Appointment both EAD and AOS

28 June 2010 - EAD approved by email

01 July 2010 - Touch for EAD and another card production email

02 July 2010 - Touch EAD

06 July 2010 - Infopass Schedule

06 July 2010 - Received Interview appointment dated June 29, 2010

09 July 2010 - Touch on EAD dot changed to Post Decision

12 July 2010 - Touch on EAD

13 July 2010 - EAD card received in mail

04 August 2010 - Interview of I-485 (approved)

06 August 2010- Email Card Production for I-485

11 August 2010- Another Email for Card/ Document Production for I-485

12 August 2010- Post Decision Activity Notice has been sent based on email

01 September 2010 - GC received via PO BOX.

Removal of Condition

22 May 2012 - Sent ROC application

29 May 2012 - Confirmed delivered by USPS

11 Jun 2012- Check has been cashed

13 Jun 2012 - Extension letter received dated May 29, 2012 postmarked 6/8/2012

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Filed: Country:
Timeline

Just to clarify, there is no "Follow to Join" or derivative status for the child based on the Mom's CR/IR-1.

The child will need to have an I-130 Petition & their own IR/CR-2 Visa issued.

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Hi,

Your nephew is not eligible for CRBA coz he was born 2008 when his father was still greencard holder.If he was born by the time that his father became US citizen,then he can apply for CRBA in able to transmit the US citizenhip.

U mention that ur nephew Mom's was approved for her IR1 Visa.My question is: they did included ur nephew in the petition?If they did,then ur nephew will get IR2 visa and he will be leaving with his mom at the same time.

N-400 Naturalization

04/25/2012 - sent N-400 package to USCIS Dallas

04/28/2012 - package delivered at USCIS Dallas

I-751 Removal of Condition

03/22/2011 - sent I-751 package to USCIS Vermont via USPS Priority+Certified mail with Return receipt

03/24/2011 - package delivered at VSC according to USPS tracking

03/25/2011 - package received by Center Director according to Return receipt

04/04/2011 - NOA received - dated 03/25/2011

04/11/2011 - Biometrics Appointment Notice received -notice date 04/08/2011

04/28/2011 - Biometrics Appointment - Done!

10/14/2011 - Card Production Email

10/17/2011 - Approval Notice received - dated 10/06/2011

11/04/2011 - 10yrs green card received

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Filed: Country:
Timeline
U mention that ur nephew Mom's was approved for her IR1 Visa.My question is: they did included ur nephew in the petition?If they did,then ur nephew will get IR2 visa and he will be leaving with his mom at the same time.

This is 100% incorrect. There is NO DERIVATIVE STATUS for minor children based on the parent's CR-1/IR-1.

The child needs their own approved I-130 followed by an approved IV Application (including medical & interview) in order to get CR/IR-2.

They will need to follow the same process for the child as they did for the mother.

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