U.S. Citizen to petition for Alien Spouse AND biological 5yo daughter

[pushbrk 13,246]

Not only is this child not eligible for a CRBA but they are also not eligible for citizenship upon arrival to the USA. Child can apply for citizenship with their foreign parent or after 5 years of permanent residency. US Citizenship is not passed to this child from this parent at any time.

So, as has been stated, the child is part of the household size and a qualified joint sponsor will be needed who qualifies for their own household size plus the two immigrants. No I-864w in this case.

[Ryan H 3,834]

Edited to remove previous content, I am reaffirming my earlier statements.

Edited December 3, 2012 by Ryan H

[w1nsse 3]

Wait. I don't understand. Why not?

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

• Have at least one American citizen parent by birth or naturalization;
• Be under 18 years of age;
• Live in the legal and physical custody of the American citizen parent; and
• Be admitted as an immigrant for lawful permanent residence.

1. My husband, her father is now an American citizen by naturalization;

2. Biological daughter is under 18 years of age (5yo to be specific);

What does this mean?

3. "Live in the legal and physical custody of the American citizen parent;"

That he has to be living here with us? Or just to show documents that the USC is her legal biological father?

4. We are filing for an IR-1 visa, so shouldn't she qualify for this? "Be admitted as an immigrant for lawful permanent residence."

It's okay if it's wrong, I know you meant well. I just want to know why does she not qualify? Thank you so much you guys, I appreciate all the effort you're all putting in to figure out our situation. Means a lot.

Edited December 2, 2012 by w1nsse

[w1nsse 3]

Yup. Found it. (Me thinks)

Can My Child Get a Birth Certificate (Consular Report of Birth Abroad or CROBA) from the Embassy or Consulate?

No. Only a child who acquired citizenship at birth can get a birth certificate from an embassy or consulate.

+

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the United States Citizenship and Immigration Service in the Department of Homeland Security and go through the naturalization process.

Yup! I think that's pretty clear now. Again, thank you for the correction pushbrk!! And for ammending your statements Ryan H! I'll have more questions later if you guys won't mind. My brain is still spinning from the rollercoaster ride I just got off of. Plus the lack of sleep. I really should get some shut eye. Take care, everyone! And thanks again.

[pushbrk 13,246]

Yup. Found it. (Me thinks)

Yup! I think that's pretty clear now. Again, thank you for the correction pushbrk!! And for ammending your statements Ryan H! I'll have more questions later if you guys won't mind. My brain is still spinning from the rollercoaster ride I just got off of. Plus the lack of sleep. I really should get some shut eye. Take care, everyone! And thanks again.

Your husband would have needed to qualify to pass citizenship to the child in order to avoid naturalization. For a citizen who naturalizes as an adult, the child would need to be born AFTER the naturalization. A child already in the family at the parent's naturalization must also naturalize. At least, that is my understanding. You might be wise to double-check this with a qualified immigration attorney. I COULD be wrong. I'm an expert on spouse, step-child and fiance(e) or fiance(e) plus children immigration, not this specific set of circumstances.

[pushbrk 13,246]

Your husband would have needed to qualify to pass citizenship to the child in order to avoid naturalization. For a citizen who naturalizes as an adult, the child would need to be born AFTER the naturalization. A child already in the family at the parent's naturalization must also naturalize. At least, that is my understanding. You might be wise to double-check this with a qualified immigration attorney. I COULD be wrong. I'm an expert on spouse, step-child and fiance(e) or fiance(e) plus children immigration, not this specific set of circumstances.

Replying to myself. On further research I'm now leaning in the other direction. I believe that the child will acquire US Citizenship upon entry to the USA with their own IR2 visa. That would mean the child counts in the petitioner's household size but not in the joint sponsor's household size. Provide an I-864w for the child. Check with a qualified attorney or directly with the Consulate, if possible.

[NigeriaorBust 4,087]

Your husband would have needed to qualify to pass citizenship to the child in order to avoid naturalization. For a citizen who naturalizes as an adult, the child would need to be born AFTER the naturalization. A child already in the family at the parent's naturalization must also naturalize. At least, that is my understanding. You might be wise to double-check this with a qualified immigration attorney. I COULD be wrong. I'm an expert on spouse, step-child and fiance(e) or fiance(e) plus children immigration, not this specific set of circumstances.

You are wrong. Read up on the N600. The minor child has to enter the US legally. Hence the child needs the I130 but once they have entered the child can become a citizen. It works almost the same as a minor child when the parent becomes a citizen while the chld is still a minor. They child must be a US resident prior to being 16 and the parent must have legitivicized the child and have custody of the child.

[w1nsse 3]

You are wrong. Read up on the N600. The minor child has to enter the US legally. Hence the child needs the I130 but once they have entered the child can become a citizen. It works almost the same as a minor child when the parent becomes a citizen while the chld is still a minor. They child must be a US resident prior to being 16 and the parent must have legitivicized the child and have custody of the child.

Initially (actually having the same mindset as pushbrk) I had no inkling that our daughter could even become a citizen once in the US of A. THAT came as a shock to me. A very positive surprise. So I look it up more to double check, little by little I get convinced that it might actually be legit! And come someone who says it's untrue. + Ryan H takes back his statements, my feet are back touching the ground again. Only to wake up having someone disagreeing to the disagreement, reassuring that our daughter CAN qualify for CRBA once on USA soil. Good thing I LOVE riding roller coasters!

I'll be reading up on the N600, thank you NigeriaorBust!

Although my mind is still spinning. Again. Nevertheless I remain utterly grateful for all of your time spared to help my family out. I'll be back for some follow up Q's soon! Take it easy everyone.

Edited December 3, 2012 by w1nsse

[NigeriaorBust 4,087]

Even to reaffirm your happiness read the instructions for the I864W it also takes about citizenship on arrival.

[pushbrk 13,246]

Initially (actually having the same mindset as pushbrk) I had no inkling that our daughter could even become a citizen once in the US of A. THAT came as a shock to me. A very positive surprise. So I look it up more to double check, little by little I get convinced that it might actually be legit! And come someone who says it's untrue. + Ryan H takes back his statements, my feet are back touching the ground again. Only to wake up having someone disagreeing to the disagreement, reassuring that our daughter CAN qualify for CRBA once on USA soil. Good thing I LOVE riding roller coasters!

I'll be reading up on the N600, thank you NigeriaorBust!

Although my mind is still spinning. Again. Nevertheless I remain utterly grateful for all of your time spared to help my family out. I'll be back for some follow up Q's soon! Take it easy everyone.

She would be entitled to "citizenship" upon arrival with an IR2 visa, not a "CRBA". She will then apply for a passport only, not the CRBA ever.

[Ryan H 3,834]

Ryan H takes back his statements,

I am reaffirming my original statements and edited the post that amended them to so indicate.

[w1nsse 3]

I am reaffirming my original statements and edited the post that amended them to so indicate.

Thank you Ryan H, pushbrk and NigeriaorBust. Sorry, I was busy with day to day routines. It took me a while to reply.

So my follow up questions are these:

1. What needs to be done now in order to qualify our daughter to be admitted to the USA as an American Citizen asap she touches US soil?

2. Someone mentioned about N600, that is an application for a Certificate of Citizenship right? We cannot do that now, did I get that right?

3. Is filing an I-130 the only thing we can do right now? And as soon as NVC sends us a go signal to send our needed Affidavits of Support, that is when we can declare that we would like our daughter to be automatically admitted in the USA as an American Citizen on her Visa, by sending the NVC an I-864W instead of an I-864. Is that it? Or are there other measures that we need to be concerning ourselves about in order for the automatic change of citizenship to happen?

4. Are there any additional payments? Forms we need to be filling up? Sorry but it just seems too easy, I'm afraid I might be missing something and end up delaying the process and looking back thinking we could have had it covered by meticulously researching about it. Thank you so much everyone! You're all amazing. I hope I hear from you soon.

[pushbrk 13,246]

Thank you Ryan H, pushbrk and NigeriaorBust. Sorry, I was busy with day to day routines. It took me a while to reply.

So my follow up questions are these:

1. What needs to be done now in order to qualify our daughter to be admitted to the USA as an American Citizen asap she touches US soil?

2. Someone mentioned about N600, that is an application for a Certificate of Citizenship right? We cannot do that now, did I get that right?

3. Is filing an I-130 the only thing we can do right now? And as soon as NVC sends us a go signal to send our needed Affidavits of Support, that is when we can declare that we would like our daughter to be automatically admitted in the USA as an American Citizen on her Visa, by sending the NVC an I-864W instead of an I-864. Is that it? Or are there other measures that we need to be concerning ourselves about in order for the automatic change of citizenship to happen?

4. Are there any additional payments? Forms we need to be filling up? Sorry but it just seems too easy, I'm afraid I might be missing something and end up delaying the process and looking back thinking we could have had it covered by meticulously researching about it. Thank you so much everyone! You're all amazing. I hope I hear from you soon.

1. Just pursue the IR2 visa as described. She will become a citizen upon arrival but actually "admitted as a permanent resident". After arrival, simply apply for a US passport.

2. The N600 is purely optional. All she needs is a US passport.

3. You'll be using the I-864w, yes but it's use IS the indication she is entitled to citizenship upon entry. NVC has nothing to do with the citizenship issue.

4. Follow the I-130 instructions for a child. The instructions will tell you what to file in addition to the I-130 itself. The NVC portion of the process is essentially the same for the child as the parent.

[w1nsse 3]

1. Just pursue the IR2 visa as described. She will become a citizen upon arrival but actually "admitted as a permanent resident". After arrival, simply apply for a US passport.

2. The N600 is purely optional. All she needs is a US passport.

3. You'll be using the I-864w, yes but it's use IS the indication she is entitled to citizenship upon entry. NVC has nothing to do with the citizenship issue.

4. Follow the I-130 instructions for a child. The instructions will tell you what to file in addition to the I-130 itself. The NVC portion of the process is essentially the same for the child as the parent.

That was exactly what I needed to hear. Any more reassurances given by anyone else would be very welcomed, although I feel what pushbrk wrote is more than enough. Thank you for giving me the peace of mind that I have been searching high and low for!

I almost didn't get the part how she would become a US Citizen when all that I have read is that our passports would be stamped as LPR's, and not US Citizens. NOW I understand that what completes the process is when we get the US passport that we will be applying our daughter for after we arrive in the US.

Additional Q's: Is there a time limit for the passport? Should we apply asap? Or is it fine not to get a passport for like a year? Seeing as applying for a CoC isn't really necessary as our daughter is only 5yo, she probably won't be needing one anyway, not yet.

Uses for a Cert. of Citizenship:

Social Security benefits

State issued ID including a Driver's License or Learning Permit

Financial Aid

Employment

Passport Renewal

What are the uses for a passport? I'm like a blank page, I know, I'm so sorry it just sounds like all of you here know so well what you're talking about I can't help but ask.

And if in case you know the answer to this, how long until a passport expires from the day it is issued? I'm trying to weigh the pros and cons of whether to apply for a Coc or a Passport.. Thanks!!

Edited December 6, 2012 by w1nsse

[pushbrk 13,246]

That was exactly what I needed to hear. Any more reassurances given by anyone else would be very welcomed, although I feel what pushbrk wrote is more than enough. Thank you for giving me the peace of mind that I have been searching high and low for!

I almost didn't get the part how she would become a US Citizen when all that I have read is that our passports would be stamped as LPR's, and not US Citizens. NOW I understand that what completes the process is when we get the US passport that we will be applying our daughter for after we arrive in the US.

Additional Q's: Is there a time limit for the passport? Should we apply asap? Or is it fine not to get a passport for like a year? Seeing as applying for a CoC isn't really necessary as our daughter is only 5yo, she probably won't be needing one anyway, not yet.

Uses for a Cert. of Citizenship:

Social Security benefits

State issued ID including a Driver's License or Learning Permit

Financial Aid

Employment

Passport Renewal

What are the uses for a passport? I'm like a blank page, I know, I'm so sorry it just sounds like all of you here know so well what you're talking about I can't help but ask.

And if in case you know the answer to this, how long until a passport expires from the day it is issued? I'm trying to weigh the pros and cons of whether to apply for a Coc or a Passport.. Thanks!!

No, there's no deadline for applying for a passport. The passport becomes her evidence of US Citizenship, AND is used for international travel AS a US citizen. Without it, she's traveling as a Filipina. US Passports for children are good for five years.

Edited December 6, 2012 by pushbrk