CRBA or N600 or N600K?

[Urijah 0]

I've been in service since 2001. I'm currently stationed here in japan since 2006. My son was born on 2010, a year "BEFORE" I got naturalized and got married to the mother of my son. Below are my concerns/questions:

1. does my son qualify for CRBA? or I have to go through the N600 or N600K route?

2. Since My son was born before me and my wife got married, does that mean my son qualify under "U.S. Citizen father and born out of wedlock" category? even though I am married to her mother now?

3. Does my time as a permanent resident qualify for the 5 years?

4. If i have a signed and notarized "affidavit of paternity" from the staff judge advocate office, and I have my son using my Last name, and he is also listed on my "page 2", is this enough for legitimation? under the current law in the Philippines, my son is illegitimate.

I would appreciate and welcome all advise.

[aaron2020 11,651]

I've been in service since 2001. I'm currently stationed here in japan since 2006. My son was born on 2010, a year "BEFORE" I got naturalized and got married to the mother of my son. Below are my concerns/questions:

1. does my son qualify for CRBA? No. or I have to go through the N600 or N600K route? No.

2. Since My son was born before me and my wife got married, does that mean my son qualify under "U.S. Citizen father and born out of wedlock" category? No. even though I am married to her mother now? No.

3. Does my time as a permanent resident qualify for the 5 years? No because your son was born before you became a citizen.

4. If i have a signed and notarized "affidavit of paternity" from the staff judge advocate office, and I have my son using my Last name, and he is also listed on my "page 2", is this enough for legitimation? under the current law in the Philippines, my son is illegitimate. All unnecessary.

I would appreciate and welcome all advise.

Your son was born before you naturalize, so your son does not qualify for US citizenship. You cannot file a CRBA, N600, or N600K because your son as no claim to US citizenship.

You do not need to legitimize your child under Philippines laws in order for him to immigrate to the US.

You MUST file an I-130 for you son. Ask for it to be expedited. Once the I-130 is approved, you can file for an immigration visa for your child. You will file a DS-230, Immigration Visa Application, on behalf of your son, and Form I-864w to waive the I-864 obligation (I'll explain this below).

Once your child enters the US on the immigrant visa, your child will automatically becomes a US citizen under the Child Citizenship Act (CCA). Under the CCA, a child under age 18 who has a green card (LPR status) who lives with a US citizen parent, automatically becomes a US citizen.

Since your child would become a US citizen upon entry on the immigration visa, you get to file the waiver for the I-864. The waiver is the I-864w (w is for waiver).

Once your child automatically gets US citizenship under the CCA, you can apply for a US passport for your child ($100 approximately). This is enough to prove US citizenship. I highly recommend you get the US passport.

You can also get a Certificate of Citizenship by filing form N-600 after your child immigrate to the US. It cost $600. Your child don't need it if he has a US passport to prove US citizenship.

Good luck.

[sjr09 155]

Legitimation Requirements

For Filipino Translation of this page, click here.

Persons born to a U.S. citizen mother and non-U.S. citizen father automatically are considered legitimated.

Persons born in wedlock to a U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage of the parents. Evidence of the marriage should be submitted.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of two methods indicated below.

Method 1: The person can be legitimated if:

• While the person is under the age of 18 years old, the father acknowledged paternity of the person in writing under oath or the paternity of the person was established by adjudication of a competent court, and
• Before the applicant reached the age of 18, the father (unless deceased before the applicant’s 18th birthday) agreed in writing and under oath to provide financial support for the applicant until the applicant reaches the age of 18 years old. (NOTE: The father should complete the form “Affidavit of Parentage, Physical Presence and Support” (DS-5507) ,in conjunction with a CRBA application, to satisfy the requirements for Method 1.

Method 2: The U.S. citizen father must demonstrate that he:

• had legal residence in any of the States in the U.S. (after his child's birth and before the age by which legitimation must occur), and
• has met that state’s legal requirements to legitimate the child, then the laws of that state may legitimate the applicant.

Note: Legitimation requirements vary depending on the State legitimation law. The Applicant must submit proof of the particular state’s law, and evidence of the legitimating act based on State requirement. The legal evidence of residence may include driver's license, voter registration card, rental/mortgage/bank receipts, military records, old letters (with U.S. return address), etc.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother should use the table to determine which Legitimation Method applies to his/her case:

Date of Birth of the Person Applying for U.S. citizenship

Applicable Method

Age by Which Legitimation Must Occur

On or before 11/14/68

Method 2

21

On or after 11/15/68 and before 11/14/86

Method 2

(turned 18 y.o. before 11/14/1986)

21



Method 1

(turned 18 y.o. after 11/14/1986)

18

On or after 11/14/86

Method 1

[aaron2020 11,651]

Legitimation Requirements

For Filipino Translation of this page, click here.

Persons born to a U.S. citizen mother and non-U.S. citizen father automatically are considered legitimated.

Persons born in wedlock to a U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage of the parents. Evidence of the marriage should be submitted.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of two methods indicated below.

Method 1: The person can be legitimated if:

• While the person is under the age of 18 years old, the father acknowledged paternity of the person in writing under oath or the paternity of the person was established by adjudication of a competent court, and
• Before the applicant reached the age of 18, the father (unless deceased before the applicant’s 18th birthday) agreed in writing and under oath to provide financial support for the applicant until the applicant reaches the age of 18 years old. (NOTE: The father should complete the form “Affidavit of Parentage, Physical Presence and Support” (DS-5507) ,in conjunction with a CRBA application, to satisfy the requirements for Method 1.

Method 2: The U.S. citizen father must demonstrate that he:

• had legal residence in any of the States in the U.S. (after his child's birth and before the age by which legitimation must occur), and
• has met that state’s legal requirements to legitimate the child, then the laws of that state may legitimate the applicant.

Note: Legitimation requirements vary depending on the State legitimation law. The Applicant must submit proof of the particular state’s law, and evidence of the legitimating act based on State requirement. The legal evidence of residence may include driver's license, voter registration card, rental/mortgage/bank receipts, military records, old letters (with U.S. return address), etc.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother should use the table to determine which Legitimation Method applies to his/her case:

Date of Birth of the Person Applying for U.S. citizenship

Applicable Method

Age by Which Legitimation Must Occur

On or before 11/14/68

Method 2

21

On or after 11/15/68 and before 11/14/86

Method 2

(turned 18 y.o. before 11/14/1986)

21



Method 1

(turned 18 y.o. after 11/14/1986)

18

On or after 11/14/86

Method 1

Why bother with legitimizing in the Philippines when it becomes irrelevant once the child immigrates to the US and become a US citizen?

A completely worthless and costly process that is not necessary.

Could the money used to legitimize the child be put to better use? Aren't there more pressing issues?

Legitimization is not worth spending the money on or the time when everyone is coming to the US to live.

------------------

In addition, the US does not require legitimization for a US citizen father to petition his child.

The US has accumulated lots of useless laws over the last 200 years. Issues relating to legitimization may have been relevant in the 19th century, but has very little place here in the 21st. Being illegitimate in the 19th century limited the child's rights because it was bad for a single woman to have a child born out of wedlock. Those laws are still on the books, but have been made irrelevant by new laws which does not consider legitimization.

Edited April 24, 2012 by aaron2020

[sjr09 155]

This was added to show the OP Legitimating Requirements only, he seemed a bit confused.

[aaron2020 11,651]

This was added to show the OP Legitimating Requirements only, he seemed a bit confused.

Okay. So after spending time and money on legitimizing, what does it get them? What do they get for the time and money spent?

I don't see the value in advising someone how to do something that is useless when they have so many other pressing issues that they are confused about; like can he file a CRBA, N600, or N600K, etc.

Edited April 24, 2012 by aaron2020

[sjr09 155]

I'm not here to debate your option, or what you think is best, and further more I have not 'advised' anyone. It was 'information' on the op's subject only.

[Penguin_ie 5,993]

No CRBA, as the child was born before you became a citizen.

[Urijah 0]

No CRBA, as the child was born before you became a citizen.

can i go with the N600 or N600K route?

[aaron2020 11,651]

can i go with the N600 or N600K route?

No you cannot go with either. Your child has no right to US citizenship so you can't use either of these forms.

You need to file an I-130 petition and obtain an immigration visa for your son. Look at my previous post, I have already outlined what you need to do.

Edited April 27, 2012 by aaron2020

[Urijah 0]

No you cannot go with either. Your child has no right to US citizenship so you can't use either of these forms.

You need to file an I-130 petition and obtain an immigration visa for your son. Look at my previous post, I have already outlined what you need to do.

I just talked to USCIS and you are right, They advised me on taking the I130 route. I appreciate your advise. Thanks!

[aaron2020 11,651]

I just talked to USCIS and you are right, They advised me on taking the I130 route. I appreciate your advise. Thanks!

Thank you for your update. Every once in a while, the misinformation line gets something right. Always nice to be able to independently verify the information.