can children of a naturalized citizen apply for crba/US passport born outside USA?

[prettyfacenbody 0]

Ten years ago, my friend without her knowledge was divorced by her husband who married a US citizen here in US. He left my friend with his 5month old baby, 3yrs old and 6 yrs old daughters. my friend and her "ex-husband" were legally married under Philippine laws. can the children of now "ex-husband" US citizen apply for CRBA and US passport in the consulate office in the Philippines?

[Inky 1,111]

They have to qualify and meet the guidelines. They likely need a DNA test from the father as well. They have to be born after he became a US citizen. Its likely that it cannot be claimed. http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

Go to that link for the list of items required to prove they have claim.

[prettyfacenbody 0]

Thanks Inky!

[Jojo92122 1,924]

Ten years ago, my friend without her knowledge was divorced by her husband who married a US citizen here in US. He left my friend with his 5month old baby, 3yrs old and 6 yrs old daughters. my friend and her "ex-husband" were legally married under Philippine laws. can the children of now "ex-husband" US citizen apply for CRBA and US passport in the consulate office in the Philippines?

The children cannot apply for CRBA. CRBA is only for children who at the time they are born, they have a US citizen parent. Here, there was no US citizen parent at the time of birth.

The children are not entitled to US passports. US passports are only for US citizens. The children has no right to US citizenship. The father was not a US citizen when the children were born so they cannot derive US citizenship from him by birth. If he is now a US citizen, the only way for the children to receive US citizenship is for the father to petition the children for immigration visas. If they are under 18 when they immigrate to live with him, they become US citizens.

Edited July 18, 2011 by Jojo92122

[Inky 1,111]

The children cannot apply for CRBA. CRBA is only for children who at the time they are born, they have a US citizen parent. Here, there was no US citizen parent at the time of birth.

The children are not entitled to US passports. US passports are only for US citizens. The children has no right to US citizenship. The father was not a US citizen when the children were born so they cannot derive US citizenship from him by birth. If he is now a US citizen, the only way for the children to receive US citizenship is for the father to petition the children for immigration visas. If they are under 18 when they immigrate to live with him, they become US citizens.

One of the babys is 5 months old and the man left her 10 years ago. His child was born 5 months ago and MIGHT be able to claim US citizenship. Depending on if he was a US citizen before the baby was born.

THOUGH the story with ages does not seem to fit together if he left her 10 years ago married someone else and is a US citizen, she just recently had his child? and had the 3 year old too she would of had by him after he had left her.

[Jojo92122 1,924]

One of the babys is 5 months old and the man left her 10 years ago. His child was born 5 months ago and MIGHT be able to claim US citizenship. Depending on if he was a US citizen before the baby was born.

THOUGH the story with ages does not seem to fit together if he left her 10 years ago married someone else and is a US citizen, she just recently had his child? and had the 3 year old too she would of had by him after he had left her.

You are interpreting the information differently from me. I believe the OP is saying that the father left 10 years ago when the children were 5 months, 3 years, and 6 years old. That would mean the children are now 10 years, 13 years, and 16 years old.

It would be a very amazing story if he left 10 year ago for another woman, and then came back to have 3 children with his ex-wife.

[w1nsse 3]

The children cannot apply for CRBA. CRBA is only for children who at the time they are born, they have a US citizen parent. Here, there was no US citizen parent at the time of birth.

The children are not entitled to US passports. US passports are only for US citizens. The children has no right to US citizenship. The father was not a US citizen when the children were born so they cannot derive US citizenship from him by birth. If he is now a US citizen, the only way for the children to receive US citizenship is for the father to petition the children for immigration visas. If they are under 18 when they immigrate to live with him, they become US citizens.

Hey, Jojo, when you said "If they are under 18 when they immigrate to live with him, THEY BECOME US CITIZENS." Did you mean right away? Not needing to wait for a few years, say, 5 more years until the kids can request to change citizenship?

Because our case is a little similar. My husband went to the US an immigrant 2006, got his green card 2007. Went back to the Philippines to marry me and we gave birth 2 days later (lol). Just recently this November 2012 he became a US Citizen. Now we're going to file an IR-1, but someone said our 5 year old daughter need not be filled an affidavit of support, because instead we can just waive that and fill out I-864W. And ASAP we get our visa, and our daughter sets foot on the USA, she automatically becomes a US Citizen. Is this wrong??