CRBA if child is in the US with a K-2?

[Jonmar70 0]

Hi! Glad I found this forum. My child was born abroad, USC father, out of wedlock. USC filed for me a K1, we got approved K1 and K2, paperwork I filed was showing the father's name but his name is not in the birth certificate (mexican) the officer asked me about the relationship of my child with the father I responded biological, I was not told anything about it. We r in the US, I got married already to my husband and we are to submitt AOS, just feeling so confused about what is neccesary to do now, do we need a CRBA and get her papers straight, or do we have to do the whole AOS for her (which I think will give her only a resident status) tnx for any light on this.

[Mark88 183]

You can not get a CRBA while in the US. A CRBA only can be processed by a cosular section at the US Embassy/Consulate abroad.

You can however try to apply for a US passport for your child. If you live in a bigger city, go to a DOS passport agency. These offices are more familiar with these kind of cases. You can try going to a post office which processes passport applications, but the clerks are usually not that familiar with these steps.

http://travel.state.gov/content/passports/english/passports/information/where-to-apply/agencies.html

You will have to provide the same evidence as with a CRBA, but won't have to go through AOS with your child (if your husband meets the physical presence requirements).

If the passport application is denied, you have to go through the AOS process with your child, but it will receive automatic citizenship through the CCA. You might find some useful information concerning the CCA and passport here: http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Edited March 9, 2014 by Mark88

[Jonmar70 0]

Thank you very much for the response Mark! I was able to read about your case and I am glad you posted it, there are not much information about these cases onliine. From what I know now I understand this: Based on CCA, Section 320 my child will have to be addmited as immigrant for lawful permanent residency to benefit of the Act, K1 and K2 visas granted us a "non-immigrant" status, the adjustment of status we are about to file will get us both a green card and it will be only until then when she becomes automatically a citizen. Please let me know if you have any other information or thoughts about it, thank you.

[Mark88 183]

Thank you very much for the response Mark! I was able to read about your case and I am glad you posted it, there are not much information about these cases onliine. From what I know now I understand this: Based on CCA, Section 320 my child will have to be addmited as immigrant for lawful permanent residency to benefit of the Act, K1 and K2 visas granted us a "non-immigrant" status, the adjustment of status we are about to file will get us both a green card and it will be only until then when she becomes automatically a citizen. Please let me know if you have any other information or thoughts about it, thank you.

Your correct on the part, with the AOS and your child becoming a citizen once a I-551 is granted (green card). But you didn't read my first part: Your child might already be a US citizen. All what you (together with your husband ofcourse) would need to do, is go to a passport agency and apply for a passport. In this case you wouldn't need to go through AOS with your child.