Is it too late to Report a Child Birth Abroad? (CRBA)

[rica30 0]

Hi,

I need your advise.

My husband (since 2011) who acquired US citizenship by birth and I had a child born in the Philippines. I came in as a K-1 (fiancee) Visa Holder, Yes, we had a baby before getting married. I brought our daughter to the US as a K-2 Visa holder. I followed all requirements, we got married 90 days upon my arrival and filed for Adjustment of Status and eventually received my green card. Soon enough, I will file for removal of conditions and then for naturalization.

Now our dilemma is, back when we filed for my Adjustment of Status, we intended to file for our daughter's papers together with mine. The lady who had received our papers then said that we didn't need to file for our daughter's Adjustment of Status papers and instead, to file for CRBA. Long story short, we were not able to do this and my question is, is it too late to file for that NOW? She's been here since 2011. I feel it might be too late? What should we do?

[Hypnos 6,576]

Yes, although you may have to appear in-person at the US embassy in the Philippines.

It's surprising that your child was able to receive a K-2 if they had a claim to US citizenship.

[Boiler 45,486]

Can not think there may be more complications. For example who did you state was the Child's father?

Somehow you persuaded the Consulate that the child was not a USC.

[rica30 0]

The reason why we opted to just get a K-2 visa and then hopefully that green card for our daughter was because my husband who is the US citizen, lived most of his life in the Philippines. I'm not sure if it's really required, but I thought we read somewhere that he may not be eligible to file for the CRBA (even though he is a US Citizen by birth) since he hasn't acquired enough years of residency in the US? Up to this day, we are still confused if we should opt for CRBA or the same process like mine, Adjustment of status, Green Card so on so forth......

[Boiler 45,486]

That is very different to the situation suggested by your first post.

[rica30 0]

That is very different to the situation suggested by your first post.

Okay, so what should I do? Pls. help.

[apple21 953]

The child has no claim to citizenship. She should undergo the same process as you.

[jxn 86]

In what year was your USC husband born and at what ages did he live in the U.S.?

http://www.uscis.gov/us-citizenship/citizenship-through-parents

[rica30 0]

In what year was your USC husband born and at what ages did he live in the U.S.?

http://www.uscis.gov/us-citizenship/citizenship-through-parents

1984. He was back and forth. So he was born in LA and flew straight to the Philippines a few days old. Was back in the United States Ages 1-2, 10-12, 16-17 and then came back again 2011 until present day.

I think I read somewhere that the USC has to have lived in the US for at least 5 years after the age of 14. Is this true?

Thanks.

[milimelo 4,477]

File child's AOS. No claim to citizenship based on what you've written how long the father was in the US actually.

[JimmyHou 611]

1984. He was back and forth. So he was born in LA and flew straight to the Philippines a few days old. Was back in the United States Ages 1-2, 10-12, 16-17 and then came back again 2011 until present day.

I think I read somewhere that the USC has to have lived in the US for at least 5 years after the age of 14. Is this true?

Thanks.

The requirement is actually that the parent live in the US for five years, two of which are after his or her 14th birthday. I agree with the previous posters that based on what you have said here, your child does not currently have a claim to citizenship through parents. The child will have to acquire a green card and will become a US citizen upon your naturalization (if the child is under 18 at the time you naturalize) or after five years of living in the US as a permanent resident (if the child turns 18 before you naturalize).