Husband is a US citizen and father to our baby born abroad. What to do now?

[rica30 0]

Hi! My husband is a US citizen and he petitioned both me and our baby. I came in with a fiance visa, we got married and I recently just got my green card! Yay! But now, we don't know what to do with our 2-year old's papers... She was born abroad and also came in the US with a US visa. We haven't done / filed anything for her since. Please help!

[English Muffin 59]

If your child is a US Citizen why did you get a visa for them? You should have just got their US passport and they should have entered as a US Citzen. I'm surprised the Embassy that issued their visa didn't pick up on that.

Edited October 17, 2013 by English Muffin

[SBB 74]

If the baby is your husband's biological child, your baby should already be a US citizen and should have been able to get a US passport instead of needing a visa. This is what you should have done when your child was born: http://travel.state.gov/travel/living/living_5497.html

[rica30 0]

We were also aware about filing for CRBA. But I think my husband and I decided to just go ahead with the visa because our daughter will automatically get it once I get mine. And at the time, he was in the US and I believe we read they might require blood work since the US citizen is the father. As I remember it, he just decided to do the visas since it seemed easier and just deal with the paperwork once we were all together again. Now we don't know what to do with her papers. Should we file for crba now?

[apple21 953]

Is the child carrying her father's last name? Father's name and US citizenship listed on the child's NSO BC?

Kinda weird that the US Embassy Manila didn't scrutinize that.

Edited October 17, 2013 by apple21

[newacct 688]

Hi! My husband is a US citizen and he petitioned both me and our baby. I came in with a fiance visa, we got married and I recently just got my green card! Yay! But now, we don't know what to do with our 2-year old's papers... She was born abroad and also came in the US with a US visa. We haven't done / filed anything for her since. Please help!

First, figure out if she is a U.S. citizen. For that, when she was born her father must have been a U.S. citizen, and he must have been present in the U.S. for at least 5 years, including 2 years after his 14th birthday, (not necessarily continuously) prior to her birth.

If she is a U.S. citizen, try to apply for a U.S. passport and/or a Certificate of Citizenship for her. Or you can try to apply for a CRBA from the U.S. consulate in the original country; I'm not sure if you can apply remotely though.

[malenliam 18]

Just to share..I gave birth in Kuwait.my husband is US citizen..after we got the birth certificate from Kuwait , we went to US embassy reporting the birth of the baby..after ine month I hace his US pasdport and a certificate the he is a US citizen. Then I also took philippine passport...yes dual citizenship.

[rica30 0]

I just remembered, my husband was born in the US and that's how he became a US citizen. He then moved back to the Philippines and he would sometimes just go back to the US for short trips or to visit some of his relatives. I remember now that the reason we didn't file for CRBA is because before our daughter was born, he hasn't lived in the United States for at least 5 years. Probably only 3 years, 2 of which after age 14.

[JRF 117]

I just remembered, my husband was born in the US and that's how he became a US citizen. He then moved back to the Philippines and he would sometimes just go back to the US for short trips or to visit some of his relatives. I remember now that the reason we didn't file for CRBA is because before our daughter was born, he hasn't lived in the United States for at least 5 years. Probably only 3 years, 2 of which after age 14.

If he is a natural-born citizen, does it really even matter if he lived in the US prior to her birth? I can see this requirement pertaining to naturalized citizens, but those born in the US, I wouldn't think so...

[Umka36 781]

If he is a natural-born citizen, does it really even matter if he lived in the US prior to her birth? I can see this requirement pertaining to naturalized citizens, but those born in the US, I wouldn't think so...

Acquisition of U.S. Citizenship by a Child Born Abroad

http://travel.state.gov/law/citizenship/citizenship_5199.html

[aaron2020 11,651]

I just remembered, my husband was born in the US and that's how he became a US citizen. He then moved back to the Philippines and he would sometimes just go back to the US for short trips or to visit some of his relatives. I remember now that the reason we didn't file for CRBA is because before our daughter was born, he hasn't lived in the United States for at least 5 years. Probably only 3 years, 2 of which after age 14.

A vital piece of information here.

If he is a natural-born citizen, does it really even matter if he lived in the US prior to her birth? Yes, it matters. I can see this requirement pertaining to naturalized citizens, but those born in the US, I wouldn't think so...

A US citizen is a US citizen. We do not have two classes of citizenship. The only exception is that the President must be a natural born citizen.

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ARA1111 - you and your husband have done everything correctly.

A US citizen (natural born or naturalized) must meet the residency rule to pass US citizen on to a child.http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Since the US citizen father does not meet the residency required to pass US citizenship to his child, the child needs a visa to enter the US. ARA1111's child entered the US on a visa as required.

If the child entered as a K-2 derivative when mom entered as a K-1 fiancee, the child should have been included in mom's adjustment case for free. So check to see if this was done.

If the child was not included in mom's adjustment case, then the child will need to adjust to get a green card. Now, it is not free because the child is filing separately from mom.

Under the Child Citizenship Act (CCA), there are 4 requirements for the child to gain US citizenship; 1) have a US citizen parent, 2) live with the US citizen parent, 3) the child is under age 18, and 4) the child was admitted as an LPR.

So, the child must have a green card in order to gain US citizenship. Once the child gets the green card, the child can apply for a US passport or Certificate of Citizenship as proof of automatically gaining citizenship under the CCA.

Edited October 17, 2013 by aaron2020