CRBA

[M.F 1]

Hi All,

I have question regarding my child who is 4 months old, My wife is a USC however she is staying in India for almost 13 years during this duration she has visited to US only once that too to renew her Visa. We've got married last year and we are blessed with a baby 4 moths ago. Can i submit the CRBA to get the passport for my daughter?

It would be a great help if you answer the question.

Thanks,

MF

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa to CRBA forum *****

How old is your wife? How much time has she spent in the USA after age 16?

[M.F 1]

she has spent only 3 months after she turned 16. Do you have any idea how much time it gonna take for our baby to process through CRBA?

[newacct 688]

Assuming the child was born in wedlock, if she was physically present in the US any time in her life before the child's birth for a total of at least 5 years, including a total of at least 2 years after her 14th birthday and before the child's birth, then the child is a US citizen at birth.

If the child is a US citizen at birth, you can apply for a CRBA and US passport for the baby at the same time.

[M.F 1]

Yes, the child has born after the marriage however she didn't stay in US for more than 2 months in US after her 14th birthday cuz she came to India for studying purpose n fortunately we got married here after she completed her graduation.

She was there in US before 2002 form almost 8 years .

Could you please confirm if we can submit the CRBA form for our baby in India so that we can get a US passport for the baby OR Do we have to file a separate I-130 petition for our baby too?

[newacct 688]

Yes, the child has born after the marriage however she didn't stay in US for more than 2 months in US after her 14th birthday cuz she came to India for studying purpose n fortunately we got married here after she completed her graduation.

She was there in US before 2002 form almost 8 years .

Could you please confirm if we can submit the CRBA form for our baby in India so that we can get a US passport for the baby OR Do we have to file a separate I-130 petition for our baby too?

You said she was in the US for 3 months after she turned 16 and also for no more than 2 months after she turned 14. That doesn't make sense.

So she moved away from the US before she turned 14 and all of her total time in the US after that has not added up to 2 years? If so, the child would not be a US citizen at birth. If you want the child to immigrate to the US, yes, the child should be petitioned for permanent residency by the mother.