Please guide me about my new born baby boy.

[Fahadali 1]

Hi Everyone!

My wife is a USC but living abroad from last 6 years, she had filed form i 130 for me in Aug 2017. It got approved in late febuary 2018. While waiting for our petition to be approved, we are blessed with a baby boy in October 2017. What should we do for our baby to get him to USA with us. I read CRBA instruction and unfortunately we cant apply for him as the instruction says you have to live more then five years in USA and my wife have only lived there for three and half years. She moved abroad with her mum for studies in 2011 and since then she is living abroad. 

 

what are the options for our baby boy as my case is already at NVC stage? 

Is there any way that we apply CRBA for our baby?

Please guide us. Would be much appreciated. Thanks

 

[geowrian 22,337]

I'm a little confused by how she doesn't have the 5 years of physical presence. She moved abroad in 2011, which is 7 years ago. Unless she is under the age of 12 (which would obviously have it's own problems!), she's lived at least 5 years within the US.

If she lived only 3.5 years in the US and moved abroad in 2011, then she would only be 10.5 years old. This doesn't add up...? Did I miss something? Did she live outside the US for another period of time?

At least 2 of those 5 years have to be from age 14 onward, though...which I'm not sure if that condition would be met here (she would need to be at least 23 now to have met this criteria: age 16 or higher when moving abroad + 7 years living abroad).

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html#S-B

 

If she meets this criteria to pass citizenship to a child at birth, and can provide documentation of it, then the child can go through the CRBA process.

Otherwise, she needs to file an I-130 for the child ASAP so the child can get a CR-2/IR-2 visa. The child will become a USC upon entry into the US on the immigrant visa. She can apply for a US passport for the child at that time. She would use an I-864W instead of an I-864 for the Affidavit of Support.

Edited June 2, 2018 by geowrian

[Fahadali 1]

@geowrian

She moved to Pakistan in 2011 and since then she is here in Pak. Finished her studies and got married in Nov 2016. Till 2011 she lived less then five year in USA. I hope i made it clear to you now.

[Hattivatti 35]

So are you trying to say she's not natural born American, or if she is, she has been living abroad most of her childhood other than those 3,5 years?

 

Is your wife's parents or grandparents USC?

[Fahadali 1]

@Hattivatti

She is not natural born American. She got her citizenship through her father. She only spent 3 to 4 years in USA in total.

[Hattivatti 35]

I would recommend contacting consulate/embassy with the details to see whether or not your child is eligible for crba. Since you guys were married when baby was born, he should be eligible. But, confirm from the consulate. 

[geowrian 22,337]

If that's the case then she won't qualify to pass citizenship to the child:

"B. Child Born in Wedlock

...

3. Child of U.S. Citizen Parent and Foreign National Parent ^[9]

 

A child born outside of the United States and its outlying possessions acquires citizenship at birth if at the time of birth:

One parent is a foreign national and the other parent is a U.S. citizen; and

       The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age."

 

As such, she must file the I-130 for the child. ETA: ~12-14 months. She can request an expedite so that the cases are handled at the same time. Otherwise, you should probably hold off aty the NVC stage until both cases are there.

She should also be ready to provide evidence that she did not meet the physical presence requirements. If the CO believes the child may be a USC, they will need to confirm it before they can issue a visa (since USCs don't qualify for a US visa).

Edited June 2, 2018 by geowrian

[Sdkmu 51]

I have kind of the same situation ..

 

spouse born in us and left at 13 years old ..

 

baby born outside us ..

 

I filed an I-130 for him, its the fastest way but as soon he enters he immediately gains citizenship.

 

hope this helps .. good luck 

Edited June 2, 2018 by Sdkmu

[Daisy.Chain 317]

If your child has a USC grandparent, check into the baby obtaining citizenship through that grandparent.

[Coco8 1,042]

I think the baby can be added to your i-130. I remember people doing this before.

[Orangesapples 1,954]

2 minutes ago, Dee elle said:

Citizenship through grandparents requires the child’s USC parent/s to have died. N/A here 😁

I'm not an expert but this is literally the first time I've heard of this and I'm pretty sure it's not true

[Fahadali 1]

12 hours ago, Sdkmu said:

I have kind of the same situation ..

 

spouse born in us and left at 13 years old ..

 

baby born outside us ..

I filed an I-130 for him, its the fastest way but as soon he enters he immediately gains citizenship.

 

hope this helps .. good luck 

Thanks alot. Yeah im gonna go for form i130 for my boy..

[Coco8 1,042]

48 minutes ago, Dee elle said:

I am happy to be corrected , but I did a quick read of the USCIS page where it defined the requirements and process for a child to be eligible for USC when born overseas.

Official source link

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html#S-A

 

B.  Eligibility to Apply on the Child’s Behalf

 

Typically, a child’s U.S. citizen parent files a Certificate of Citizenship application on the child’s behalf. If the U.S. citizen parent has died, the child’s citizen grandparent or the child’s U.S. citizen legal guardian may file the application on the child’s behalf within five years of the parent's death.[6]

 

But it says "if the US citizen parent has died". The parent did not die.

 

 

[Fahadali 1]

2 minutes ago, Coco8 said:

 

But it says "if the US citizen parent has died". The parent did not die.

 

 

Yeah they are alive and they dont really wanna die yet lol

[Orangesapples 1,954]

10 hours ago, Dee elle said:

I am happy to be corrected , but I did a quick read of the USCIS page where it defined the requirements and process for a child to be eligible for USC when born overseas.

Official source link

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html#S-A

 

B.  Eligibility to Apply on the Child’s Behalf

 

Typically, a child’s U.S. citizen parent files a Certificate of Citizenship application on the child’s behalf. If the U.S. citizen parent has died, the child’s citizen grandparent or the child’s U.S. citizen legal guardian may file the application on the child’s behalf within five years of the parent's death.[6]

Doesn't this mean that the US grandparent applies for citizenship of the child based on the parent's eligibility to pass citizenship? Not that the grandparent needs to qualify themselves. I'm sure I've read stories on here about people having their child claim citizenship through grandparents and the parents were definitely alive, but it's OK if the grandparents were dead, they could still pass citizenship.