help!!!!!!!!!!!

[Jayne08 0]

hello VJ's

m so uppset!!!!!! my daughter had interview today for IR2.. and something come up.. when my wife and daughter went to interview.. the officer said my daughter was a US citizen.. and need a Blue passport... REALY?? thats F-BS!!!

here is why i filed for I-130

i called the USCIS before i filed the petition for my daughter.. and the USCIS officer said that i need to file for her.. cause im not qualified on CRBA so i filed.. after waiting for more than 8 months.. this is the result!!!! wasting time and money????

[CanadianRedneck 8]

ask them for proof she's a US citizen, lol...that's crazy..I don't know all the details.

[sjr09 155]

The (biological father) if a US citizen then the child qualifies for derivative citizenship CRBA. The US citizen must apply not the non US citizen i.e. PI (biological mother)

http://manila.usembassy.gov/service/citizenship.html

[Dan and Judy 614]

I think you are looking at this backwards. If your daughter is already a citizen that is a good thing. You have provided few details but being a US citizen is a good thing. I have a hunch getting her a passport will be fairly simple.

If you were a US citizen when she was born then she gets it automatically. Maybe the guy on the phone didnt understand your situation. You probably did have to apply for your wife and you daughter was probably just attached

to that petition so it hasn't been that much xtra work. Did your wife get her's approved?

Dan

[George & Gina 29]

hello VJ's

m so uppset!!!!!! my daughter had interview today for IR2.. and something come up.. when my wife and daughter went to interview.. the officer said my daughter was a US citizen.. and need a Blue passport... REALY?? thats F-BS!!!

here is why i filed for I-130

i called the USCIS before i filed the petition for my daughter.. and the USCIS officer said that i need to file for her.. cause im not qualified on CRBA so i filed.. after waiting for more than 8 months.. this is the result!!!! wasting time and money????

You were a US citizen when you daughter was born?

You've lived at least 5 years (as a citizen) in the US with at least two of those after the age of 14?

You are her biological father?

If you can answer yes to all of those then your daughter should get a CRBA and a blue US passport.

I believe the State Department(only at overseas consulates) handles CRBAs and they have nothing to do with the USCIS. I'm not sure why they would have even fielded that question directly instead of referring you to the State Department/overseas consulate.

George

[giamimigio 21]

filed my daughter's CRBA and it took a month and a half to get the passport.

[Wayne and Claudia 40]

Had the consular officer told me that I would have went straight to passport services with the file and applied for a US passport immediately.

[Jayne08 0]

You were a US citizen when you daughter was born? yes

You've lived at least 5 years (as a citizen) in the US with at least two of those after the age of 14? i am 1 year citizen when my daughter was born..

You are her biological father? yes

If you can answer yes to all of those then your daughter should get a CRBA and a blue US passport.

she is 2 years old now

I believe the State Department(only at overseas consulates) handles CRBAs and they have nothing to do with the USCIS. I'm not sure why they would have even fielded that question directly instead of referring you to the State Department/overseas consulate.

George

[George & Gina 29]

I would apply for the CRBA. Once you have the interview and denial of CRBA because of the residency requirement, appeal the decision of the consular officer. It would seem that the ones who approve/deny visas are not the same ones who do the CRBAs and don't necessarily know the rules that the others follow. NOW, if you happen to file the CRBA and it gets approved...well, just press forward. Did your denial/rejection notice state that she was a US citizen or required a CRBA?

Check out this link:

http://www.americana..._newsletter.pdf

Your situation of being a recently naturalized citizen throws a monkey wrench into the situation. There may be additional rules or exceptions that I'm not aware of or couldn't find.

Good luck with the CRBA, I really is the better route if she is qualified for one.

George

[George & Gina 29]

Jayne08,

Check out this link:

http://www.nilc.org/...tzshp/nc035.htm

The way is reads to ME, and I'm not a lawyer, not an immigration specialist or anything else of that nature, is that your daughter would have to be legally admitted to the U.S. (i.e. I-130 --->CR2) and then at that time (immediately upon admittance) she would be eligible for and receive US citizenship. I'm certain there is some sort of paperwork that would need to be filed in or to claim the citizenship.

That said, I'd still apply for the CRBA/US passport based upon what the CO told you at the interview. At least that way you have an actual person(and they're even there locally) to point a finger back to if/when they deny the CRBA. If not, then all's good in the world...

OMG! These rules all appear to be so arbitrary and contradictory.

George

P.S. I'm going to the CRBA appointment/interview for my daughter on the 21st of December.

Edited December 3, 2010 by George & Gina

[sjr09 155]

if the U.S. citizen parent has not met the physical presence requirement, then the child cannot be issued a Consular Report of Birth Abroad. Please refer to the Child Citizenship Act of 2000 for further information on how to document your child as an American Citizen.

This was my experience with the process at the US Embassy in Manila.

I recommend that the US Parent be at the interview. Both my wife and I was present .

Application are accommodated by appointment only. When I was in the PI I did mine as a drop in case with my daughter because of time constraint and got the interview four days later. Can't say that it will work for everyone.

9) of instructions, is what seems to be the main emphasis and area of concern and investigation.

One thing for you to be concerned is For out of wedlock children But I must emphasize all of the documentary evidence on part 9

For me the main things they looked at was physical presence in the same location at applicant's time of conception, ultrasound and pre-natal care records, they never ask for pictures or looked at the one's I submitted." but never say never"

They talked a lot about DNA and my case was bullet proof so just be prepared.

Don't forget you have to bring the child with you they want to see him/her.

This is my list of documents that I submitted to the US embassy in Manila for CRBA.

DS-2029 with 2"x 2" full face passport photo with white background. (child)

NSO true copy birth Cert. (child)

Passport application. (child)

Proof of parent US citizenship.

1) US passport.

2) True copy of live birth cert. with original seal of vital records office. A must have!

3)High School transcript ..(Yeah funny, but I'll tell you more about it later it's not a joke)

4)True copy of NSO Marriage cert.

5) Proof of physical presence in same location at time of conception. Airline tickets, copy of visa stamps.

6) Proof of mothers pregnancy, ultrasound, pre-natal records, hospital billing statements, and pictures.

Now about the school transcript you as a US citizen have to prove you are a citizen, you have to show that you have been living in the US for 5 years two after age 14….. They will not take your tax returns as proof, I can tell you why but I don't want to write a small book about it. When you give them your school transcript they take them with out a word…Had her US passport and CRBA cert. in about 10 days. Delivered to my wife’s home.

[krisca 0]

i had to do the same thing with my 2yr old daughter. . .need to file CRBA $205. . .It's a requirement before they can release her a visa. . .she'll get a denial coz my American Citizen husband didn't passed the residency requirement,but it's something we have to do. . .My daughter's case is in the NVC stage, I'm filing her CRBA before the interview so we'll have no delays. . .appointment for CRBA on Dec 8. good thing i know someone who did the same thing at least i'm a little bit ahead. . .

[George & Gina 29]

i had to do the same thing with my 2yr old daughter. . .need to file CRBA $205. . .It's a requirement before they can release her a visa. . .she'll get a denial coz my American Citizen husband didn't passed the residency requirement,but it's something we have to do. . .My daughter's case is in the NVC stage, I'm filing her CRBA before the interview so we'll have no delays. . .appointment for CRBA on Dec 8. good thing i know someone who did the same thing at least i'm a little bit ahead. . .

Interesting tidbit of knowledge here...I kinda thought it was something like that. Good to know.

Isn't the CRBA $100 and the passport for a child $105? Why not just apply for the CRBA if you know it will be denied anyway? That way you wouldn't forfeit the passport fee. Just a thought.

George

[LotofPatience 65]

You were a US citizen when you daughter was born?

You've lived at least 5 years (as a citizen) in the US with at least two of those after the age of 14?

You are her biological father?

If you can answer yes to all of those then your daughter should get a CRBA and a blue US passport.

I believe the State Department(only at overseas consulates) handles CRBAs and they have nothing to do with the USCIS. I'm not sure why they would have even fielded that question directly instead of referring you to the State Department/overseas consulate.

George

What George said above is correct, except a small change.

At least 5 years U.S residency of the citizen parent can be in any status like USC, LPR.

This official link discusses all the combinations - http://travel.state....nship_5199.html

When we did CRBA for our daughter, I had around 2.5 years USC status and the rest as LPR. Rest all conditions I met.

Based on OP's feedback, your child looks qualified for CRBA. You need to apply in the foreign consulate's ACS section and both parents must be present to do it.

I think we got U.S birth certificate and Passport in around 1.5 months time.

Loto

Edited December 4, 2010 by PatiencePaidOff