I130 for 1 year old daughter

[loveydovey 2]

i filed i130 for my 1yr old daughter. i requested an expedite because my husband's i130 has been approved already and done with NVC and just waiting for interview on april 1st.. i was wondering how long does it usually take for them to respond to an expedite request.. when i called UsCIS they said they respond in 5 days.. but it has been over a month already.. we cant leave the 1yr old behind! she's a baby! help!

[biaobiao 40]

maybe it will be easier for you to just do the CRBA and then apply for the baby's US passport. you can obtain the passport within 2 weeks if you get approved.

[loveydovey 2]

oh no, i didnt meet the requirements for CRBA. we already tried to apply for that but was denied because of the requirments. the physical presence of 5yrs. i even applied N600k back then, but my daughter was denied of a US visitors visa for her oath taking , us consulate said that they cannot issue her a tourist visa bec shes an intending immigrant. so i filed i130.. now waiting...and waiting..

[Boggy1974 124]

Are sure you didn't qualify for CRBA because of 5yrs residency requirement?

Are a US Citizen? Is one of the parents of the 1yr old US Citizen?

[Boggy1974 124]

oh no, i didnt meet the requirements for CRBA. we already tried to apply for that but was denied because of the requirments. the physical presence of 5yrs. i even applied N600k back then, but my daughter was denied of a US visitors visa for her oath taking , us consulate said that they cannot issue her a tourist visa bec shes an intending immigrant. so i filed i130.. now waiting...and waiting..

This is the link from the US embassy in Manila's website:

http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

I skimmed through the page quickly but did not see the 5yr residency you're talking of. Please , re-look into this because you can file a CRBA for your one year old child.

Note: not all embassy staff are competent. Some are new and still learning, while even the experienced staffs sometimes are unable to keep up with the constant revisions of these laws. It behooves on you to know the sections of the law your child qualifies for citizenship, and not take everything these staff say hook, line & sinker. I would explore more.

[newacct 688]

This is the link from the US embassy in Manila's website:

http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

I skimmed through the page quickly but did not see the 5yr residency you're talking of. Please , re-look into this because you can file a CRBA for your one year old child.

See the "Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986" section.

However, I believe that most U.S. citizens would meet this requirement, unless they grew up abroad. I am not sure what the OP's particular situation is.

Edited March 28, 2013 by newacct

[Penguin_ie 5,996]

How did you request the expedite? Time to chase it up, I think.

[Boggy1974 124]

However, I believe that most U.S. citizens would meet this requirement, unless they grew up abroad. I am not sure what the OP's particular situation is.

I agree with you completely! :thumbs:

Hope OP can explain further to get the necessary help here.

[apple21 953]

I hope you get the expedite soon.

When did your husband do his medical at SLEC? His visa expiry date will be based on the medical's 6-month validity.

Worst that can happen, you fly back in the Philippines to be with your daughter while waiting for her interview/visa and husband flies to the US before his visa expiry date.

[loveydovey 2]

hi, the requirement for crba for 1 us citizen parent is 5 year PHYSICAL PRESENCE not residency. yes, i only lived in the Us for 4 yrs 8 months in TOTAL.

I hope you get the expedite soon.

When did your husband do his medical at SLEC? His visa expiry date will be based on the medical's 6-month validity.

Worst that can happen, you fly back in the Philippines to be with your daughter while waiting for her interview/visa and husband flies to the US before his visa expiry date.

hi, yea medical was just last week.. hoping for an approval soon..

[loveydovey 2]

See the "Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986" section.

However, I believe that most U.S. citizens would meet this requirement, unless they grew up abroad. I am not sure what the OP's particular situation is.

The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it. (i did this one too! filed N600k using grandparent!. and it went ok except my daughter was denied of a visa to come to usa for the oath taking. yes, thats Phil embassy that refused her of a visitor's visa... right! they can get you very upset!)

[loveydovey 2]

How did you request the expedite? Time to chase it up, I think.

when i filed the i-130 i included a copy of my husbands noa2 as per instructed by USCIS SanFrancisco. after a month, i called and asked again. they told me they would respond on March 22. but i never got any response.. i called again, they said just wait maybe they are reviewing it already.. .

btw, yes i am the USC parent. but i lived in the Phils. for awhile, for college..

[newacct 688]

hi, the requirement for crba for 1 us citizen parent is 5 year PHYSICAL PRESENCE not residency. yes, i only lived in the Us for 4 yrs 8 months in TOTAL.

How did you become a citizen? Through the 5-year GC route but had gaps? Was it a 3-year marriage GC (and then subsequently divorced and married your current spouse)? Through the military? Or did you get citizenship through birth or parents?

The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it. (i did this one too! filed N600k using grandparent!. and it went ok except my daughter was denied of a visa to come to usa for the oath taking. yes, thats Phil embassy that refused her of a visitor's visa... right! they can get you very upset!)

Hmm, yeah, I found a thread by you from November about this whole issue when you first encountered this whole issue. So I guess you have already worked through this and I'm sorry to bring it up again.

But I still think there must be some mistake in denying you a visa, because the whole point of an N-600K is to become citizen without petitioning for immigration. If you have to file an I-130 for an immigrant visa for the child, then the child would already immediately upon entering the U.S. become a citizen (since they would become a permanent resident upon entry, which immediately triggers Section 320 and they would become a citizen), and not need to take this oath any more. So that completely defeats the whole point of the N-600K.

It's like a Catch-22 -- why would the government provide the Section 322 path for citizenship for people outside the U.S., when one of the requirements is to be legally admitted to the U.S. for the oath, if there's no general visa type to be so admitted without triggering the immigrant intent problem?

Also, I have read that it is possible for them to waive the oath, especially for children too young to understand it, especially children under 14. Since your child is 1, I think it should definitely have been waived.

Edited March 29, 2013 by newacct

[Boggy1974 124]

This whole case sounds to me like someone made a mistake or misinterpreted the law.