CR-1/CR-1a November 2017 filers

[Mrs.Gosam 21]

Hello everyone. My husband is planning to file cr-1 for me and for our 2 month old baby. He is a dual citizen. Fil-am (filipino- american) should we apply for a CR-1 DCF ? We got married of may 2017, deliverd our first little one by August. He came back to CHICAGO on July. Is it better for us to file DCF?

[geowrian 22,338]

You would interview in the Philippines (Manila), right?

 

To do DCF, your spouse needs to currently live with you in the Philippines. Typically this is for 6 or more months.

 

Wouldn't the child be a USC at birth already (assuming he lived the minimum amount of time within the US)? If so, you would do a CRBA and get a US passport that way. If the child is not a USC, then your husband must file for him separately (for a CR-2).

[Mrs.Gosam 21]

4 hours ago, geowrian said:

You would interview in the Philippines (Manila), right?

 

To do DCF, your spouse needs to currently live with you in the Philippines. Typically this is for 6 or more months.

 

Wouldn't the child be a USC at birth already (assuming he lived the minimum amount of time within the US)? If so, you would do a CRBA and get a US passport that way. If the child is not a USC, then your husband must file for him separately (for a CR-2).

Is CR-2 same as i-130a?

[geowrian 22,338]

4 minutes ago, Mrs.Gosam said:

Is CR-2 same as i-130a?

CR-2 is the visa for a son or daughter under 21 (including stepchildren).

 

The I-130 is the petition for a relative (i.e. spouse or son/daughter under 21). Once approved, an immigrant visa can be applied for (i.e. a CR-1 or CR-2).

The I-130A is a required document when filing an I-130 for a spouse.

[Mrs.Gosam 21]

4 hours ago, geowrian said:

CR-2 is the visa for a son or daughter under 21 (including stepchildren).

 

The I-130 is the petition for a relative (i.e. spouse or son/daughter under 21). Once approved, an immigrant visa can be applied for (i.e. a CR-1 or CR-2).

The I-130A is a required document when filing an I-130 for a spouse.

So my husband will file i-130 and i-130a for our baby?

[geowrian 22,338]

5 minutes ago, Mrs.Gosam said:

So my husband will file i-130 and i-130a for our baby?

He will file an I-130 and I-130A for you so you can apply for a CR-1 visa.

He will file an I-130 for his stepchild so the child can apply for a CR-2 visa.

[Mrs.Gosam 21]

7 hours ago, geowrian said:

He will file an I-130 and I-130A for you so you can apply for a CR-1 visa.

He will file an I-130 for his stepchild so the child can apply for a CR-2 visa.

Thank you. We will send the documents thru Chicago lockbox. 

[Mrs.Gosam 21]

15 hours ago, Mrs.Gosam said:

Thank you. We will send the documents thru Chicago lockbox. 

Upon filing the i-130a? Should we send the medical records of our baby?

[hm139 55]

I have the impression that your baby is your husband's baby as well. If this is the case, your husband should be able to register his baby as a US citizen at the embassy (as someone has already posted). In that case he only needs to file an I-130 for you.

Edited November 23, 2017 by hm139

[geowrian 22,338]

1 hour ago, hm139 said:

I have the impression that your baby is your husband's baby as well. If this is the case, your husband should be able to register his baby as a US citizen at the embassy (as someone has already posted). In that case he only needs to file an I-130 for you.

Exactly. If the child is his biological child and he meets the minimum physical presence requirements in the US, then the child is a USC and he won't qualify for any visa. You would go through the CRBA process and get a US passport instead.

If the child is not his biological child, then the child needs a CR-2 visa (including the separate I-130).

[Mrs.Gosam 21]

5 hours ago, hm139 said:

I have the impression that your baby is your husband's baby as well. If this is the case, your husband should be able to register his baby as a US citizen at the embassy (as someone has already posted). In that case he only needs to file an I-130 for you.

Yes. But the problem is that my husband's physical presence is not enough to meet CRBA's requirement since he almost stayed in the Philippines. 

[Mrs.Gosam 21]

We had been interviewed by the consular officer regarding our child's CRBA application. Apparently, my husband doesnt meet the min. Requirements of physical presence( 4 months lacking to meet 5 years). We have 2 months to provide other evidences. But my husband's planning to file a i-130 for me and our baby. Do we still need to wait for the denial letter or can we just file right away? Doesn't the embassy has a consideration since we are only lack of 4 months to meet the min. Physical presence? Other than that, we dont have any problem. 

[geowrian 22,338]

10 hours ago, Mrs.Gosam said:

We had been interviewed by the consular officer regarding our child's CRBA application. Apparently, my husband doesnt meet the min. Requirements of physical presence( 4 months lacking to meet 5 years). We have 2 months to provide other evidences. But my husband's planning to file a i-130 for me and our baby. Do we still need to wait for the denial letter or can we just file right away? Doesn't the embassy has a consideration since we are only lack of 4 months to meet the min. Physical presence? Other than that, we dont have any problem. 

If he is short of the minimum requirements, then the child isn't a USC. It's not at the CO's discretion....this is a statutory requirement under the law. As such, he can petition for the child immediately by sending the I-130 for him/her. No need to wait for a formal denial letter.

 

On the plus side, the child will become a USC when he enters the US on the immigrant visa, and can get a US passport afterwards.

Edited November 23, 2017 by geowrian

[Mrs.Gosam 21]

13 hours ago, geowrian said:

If he is short of the minimum requirements, then the child isn't a USC. It's not at the CO's discretion....this is a statutory requirement under the law. As such, he can petition for the child immediately by sending the I-130 for him/her. No need to wait for a formal denial letter.

 

On the plus side, the child will become a USC when he enters the US on the immigrant visa, and can get a US passport afterwards.

Thank you for enlightening me. Yes, the papers that we filled out are i-130 for me and i-130a for our little one. Is it correct? 

 

[acidrain 325]

My spouse and I are currently going through the same process as my spouse does not meet the minimum residency requirements either (he is dual too).

 

Just to give you a heads up my son's i130 petition was approved 1 month before mine. It took some effort to link the files up but were able to by talking to Tier 2 at USCIS.

 

Upon point of entry with your child's green card they will become a US citizen. Once you have the stamp you can take it to the US Passport office to get one for your child which would then prove citizenship. It's cheaper than the N-600 route which costs about $600 for the certificate.