Will my baby get CRBA?

[iamwhatiam80 92]

Hi folks,

I am a naturalized US citizen and my wife is a permanent resident. I have been living in US for more than 5 years. I got the good news from my wife and she is 1 month pregnant. Due to the fact that health insurance is so expensive (even subsidized) and that this is our first baby, we decided that she travel back to her parents for the delivery which is expected in May and then she can come back with the baby. I calculated the costs and its less expensive this way.

Will my new born get US citizenship ? Does anyone see any issues here? Would be nice to know from someone who has gone through this. I know that paperwork would be involved but i am ready for that.

Thanx in advance for all the answers.

[Zedayn 485]

Hi folks,

I am a naturalized US citizen and my wife is a permanent resident. I have been living in US for more than 5 years. I got the good news from my wife and she is 1 month pregnant. Due to the fact that health insurance is so expensive (even subsidized) and that this is our first baby, we decided that she travel back to her parents for the delivery which is expected in May and then she can come back with the baby. I calculated the costs and its less expensive this way.

Will my new born get US citizenship ? Does anyone see any issues here? Would be nice to know from someone who has gone through this. I know that paperwork would be involved but i am ready for that.

Thanx in advance for all the answers.

I will say yes, you can file CRBA for your child. You are a US citizen, and you meet the presence requirements to confer citizenship. In your CRBA application, you will need to include proof of your physical presence in the US. From http://mumbai.usconsulate.gov/reporting-births-and-citizenship-questions.html

Proof of the U.S. citizen parent's physical presence in the U.S. (This is not required if BOTH parents are U.S. citizens.) For children born to one U.S. citizen and one foreign national, the U.S. citizen parent will need to show five years of physical presence in the U.S., two of which must be after the age of 14. Examples of items that show physical presence are school transcripts, income tax returns with Form W-2, Social Security earnings history, pay receipts, passport entry/exit stamps in current and previous passports, etc.

[iamwhatiam80 92]

Thank you Zedayn for your reply.

I do have a question about the 5 years physical presence in US. In the last 5 years, i have taken vacations every year to see my wife for about 3 to 4 weeks every year. Will this be an issue to meet that requirement ?

Also is it mandatory for both parents to be present there ? I know its strongly recommended. I saw that i need to submit an affidavit if i am not present.

Edited October 2, 2014 by iamwhatiam80

[Mark88 183]

The vacations won't matter. You don't both need to be present there, but the absent parent will have to have form DS-3053 notarized for the other parent.

[iamwhatiam80 92]

The vacations won't matter. You don't both need to be present there, but the absent parent will have to have form DS-3053 notarized for the other parent.

Thanx Mark88

[mojorisin 5]

Be prepared to be asked to submit a DNA test. It costs about $600.

[Mark88 183]

Thanx Mark88

You're welcome.

[iamwhatiam80 92]

The vacations won't matter. You don't both need to be present there, but the absent parent will have to have form DS-3053 notarized for the other parent.

Mark88,

If I am not present at the interview, will I have to give my wife my original passport or naturalization certificate? Its mentioned on the instructions that they need to see all original documents.

[Mark88 183]

I don't know. Email ACS at the embassy/consulate.

[hon08 13]

If you are not present at the time of interview..Have all the needed original documents/and if you will present only photocopies from the original it should be notarized by US commissioned notary..( marriage contract, your old and current US passports, bills and employment recors/transcripts showing your physical presence in the US for 5 years, naturalization certificate,your ID's, DS forms ,DS 3053 if only one parent will represent..etc..) Prepare pictures together during conception and if you will be present when the baby comes out have a picture too,ultrasound copies/ pre natal check up records are important to present also,,Good luck

[iamwhatiam80 92]

If you are not present at the time of interview..Have all the needed original documents/and if you will present only photocopies from the original it should be notarized by US commissioned notary..( marriage contract, your old and current US passports, bills and employment recors/transcripts showing your physical presence in the US for 5 years, naturalization certificate,your ID's, DS forms ,DS 3053 if only one parent will represent..etc..) Prepare pictures together during conception and if you will be present when the baby comes out have a picture too,ultrasound copies/ pre natal check up records are important to present also,,Good luck

Thank you very much for your detailed response. I got the reply from the consulate and they are saying that even if the citizen parent is not available in the interview, originals are still required.

What do you mean by US commissioned notary ? Are you talking about the local bank notary ?

Edited November 4, 2014 by iamwhatiam80

[GuidedbyGODkatval 1]

Yup. Just be prepared with thedna testing. Its expensive and a bit stressful because you will have to go back to the us embassy again and make an appoinment. You will also be responsible in contacting a lab for the dna kits. I think it would be easierif she will just deliver her baby here. Since we dont know if the us embassy will ask for so many things.

[iamwhatiam80 92]

Yup. Just be prepared with thedna testing. Its expensive and a bit stressful because you will have to go back to the us embassy again and make an appoinment. You will also be responsible in contacting a lab for the dna kits. I think it would be easierif she will just deliver her baby here. Since we dont know if the us embassy will ask for so many things.

I read on some other thread that your child was born out of wedlock. yes in that situation DNA is almost mandatory and also when ART is used in surrogacy.

DNA testing is a rare scenario like next to zero chance for baby born to married couple.

Edited February 5, 2015 by iamwhatiam80

[GuidedbyGODkatval 1]

The decision is still up to the interviewer. I had a friend I met during the process who was requested to get a dna test done. But they are married. Just giving you heads up on what might happen so you will be prepared too.

[iamwhatiam80 92]

The decision is still up to the interviewer. I had a friend I met during the process who was requested to get a dna test done. But they are married. Just giving you heads up on what might happen so you will be prepared too.

yes i agree its up to the officer but only when you cant provide enough evidence to establish the relationship.

Thank you for the heads up.