Filing CRBA if the filipina mother is not physically in the philippines

[falcontwosix 0]

the title says it all, i am american citizen, my son was born to a filipina here in philippines, i was in the middle of getting all requirements to file for his CRBA and usa passport, when his mother says shes going to thailand for work. so she wont physically be here. can i still file for CRBA and usa passport if she is overseas working? can she sign some forms or anything she can do from thailand? im trying to ask her to wait a few months so we can finish filing the CRBA and make sure its all set before she goes, but shes not listening so im coming on here hoping someone can help me with some information on this topic.. thank you for your time

[Penguin_ie 5,993]

Will you have custody of the child? If so, I would say yes.

[falcontwosix 0]

Will you have custody of the child? If so, I would say yes

He lives with me now, and will be going to states with me, at the moment we all are in the philippines, but in the CRBA checklist it only states if the american citizen parent is not in the philippines he will have to sign a form and have it notorized, but says nothing about if the filipina parent is not in the country if she can do the same thing or if because she is the national citizen of this country that and the mother of the child, she has to be here for the interview?

[Greenbaum 12,259]

the title says it all, I am American citizen, my son was born to a Filipina here in Philippines, I was in the middle of getting all requirements to file for his CRBA and USA passport, when his mother says she's going to Thailand for work. so she wont physically be here. can i still file for CRBA and USA passport if she is overseas working? can she sign some forms or anything she can do from Thailand? I'm trying to ask her to wait a few months so we can finish filing the CRBA and make sure its all set before she goes, but she's not listening so I'm coming on here hoping someone can help me with some information on this topic.. thank you for your time

I am not well versed in CRBA but a member that you should contact with is and his handle is "Brassballs" He has recently completed a CRBA and may be able to give you some guidance. I can start you out with some reading so that you have a better understanding of the process but he can guide you better than I. Of course others will be chiming in also.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1.A blood relationship between the person and the father is established by clear and convincing evidence;

2.The father had the nationality of the United States at the time of the person’s birth;

3.The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

4.The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

5.While the person is under the age of 18 years -- the person is legitimated under the law of his/her residence or domicile, the father acknowledges paternity of the person in writing under oath, or the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

You may need to go this route "Information for Parents on U.S. Citizenship and DNA Testing".

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dna-testing.html

[newacct 688]

Either parent can file for CRBA. Since you're the American, you're the one whose evidence of physical presence, etc., the CRBA requires most of anyway, so you're the right one to apply.

[apple21 953]

If the child is under 16 years old, the absent parent (mom) is required to sign the DS-3053. See page 2:

http://photos.state.gov/libraries/manila/1169655/carismaes/Citizenship%20-%20CRBA%20Checklist%20for%20MANILA%20applicants%20-%20Revised%202015%20June.pdf

[newacct 688]

If the child is under 16 years old, the absent parent (mom) is required to sign the DS-3053. See page 2:

http://photos.state.gov/libraries/manila/1169655/carismaes/Citizenship%20-%20CRBA%20Checklist%20for%20MANILA%20applicants%20-%20Revised%202015%20June.pdf

If they are applying for a passport, yes.

[apple21 953]

If they are applying for a passport, yes.

He will be.