Children of USC with overseas citizenship

[noboundaries 3]

Hi all,

My wife is waiting for the letter to appear for the USC oath before the judge.  Almost there woohoo!  I still read the topics here every weekday and have since 2013.

 

My question today is for her cousin (the husband).  I am walking them through the process, but they have a possible complication.

1.  Cousin is a Philippine citizen and wife is USC

2.  Married in Philippines, USC wife stayed there to live and had kids there.  Kids registered as Philippine citizens because they were living there.

3.  USC wife has returned to US to gain domicile to start the immigration process.

 

I understand that A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately.  My question is....is the fact that the children were listed as Philippine citizens on their birth certificates going to cause an issue?  Will  the children need I-130 applications along with the father?

 

Thanks guys

[payxibka 10,045]

2 minutes ago, noboundaries said:

Hi all,

My wife is waiting for the letter to appear for the USC oath before the judge.  Almost there woohoo!  I still read the topics here every weekday and have since 2013.

 

My question today is for her cousin (the husband).  I am walking them through the process, but they have a possible complication.

1.  Cousin is a Philippine citizen and wife is USC

2.  Married in Philippines, USC wife stayed there to live and had kids there.  Kids registered as Philippine citizens because they were living there.

3.  USC wife has returned to US to gain domicile to start the immigration process.

 

I understand that A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately.  My question is....is the fact that the children were listed as Philippine citizens on their birth certificates going to cause an issue?  Will  the children need I-130 applications along with the father?

 

Thanks guys

Are you sure the kids don't have a claim to us citizenship via mom?  If they do, then a CRBA is what is needed and if approved they will receive a us passport.

[Cyberfx1024 7,980]

15 minutes ago, noboundaries said:

Hi all,

My wife is waiting for the letter to appear for the USC oath before the judge.  Almost there woohoo!  I still read the topics here every weekday and have since 2013.

 

My question today is for her cousin (the husband).  I am walking them through the process, but they have a possible complication.

1.  Cousin is a Philippine citizen and wife is USC

2.  Married in Philippines, USC wife stayed there to live and had kids there.  Kids registered as Philippine citizens because they were living there.

3.  USC wife has returned to US to gain domicile to start the immigration process.

 

I understand that A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately.  My question is....is the fact that the children were listed as Philippine citizens on their birth certificates going to cause an issue?  Will  the children need I-130 applications along with the father?

 

Thanks guys

She can apply for CRBA for the children to get them US citizenship 

[gabluc 171]

18 minutes ago, noboundaries said:

Hi all,

My wife is waiting for the letter to appear for the USC oath before the judge.  Almost there woohoo!  I still read the topics here every weekday and have since 2013.

 

My question today is for her cousin (the husband).  I am walking them through the process, but they have a possible complication.

1.  Cousin is a Philippine citizen and wife is USC

2.  Married in Philippines, USC wife stayed there to live and had kids there.  Kids registered as Philippine citizens because they were living there.

3.  USC wife has returned to US to gain domicile to start the immigration process.

 

I understand that A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately.  My question is....is the fact that the children were listed as Philippine citizens on their birth certificates going to cause an issue?  Will  the children need I-130 applications along with the father?

 

Thanks guys

Children under 18 are eligible for Consular Birth Abroad and recieve US Citizenship.

[arken 4,197]

32 minutes ago, GabLuc said:

Children under 18 are eligible for Consular Birth Abroad and recieve US Citizenship.

Conditions apply, not applicable for all.

[payxibka 10,045]

31 minutes ago, arken said:

Conditions apply, not applicable for all.

Yup.  Most likely the 5/2 rule 

[Boiler 45,486]

Does sound like no CRBA but may have to go through it.

[noboundaries 3]

Sorry for the long pause and thank you for replying. What is the 5/2 rule?  I don’t want to call USCIS because a correct answer falls into the 50/50 rule lol. I guess they just try for CBRA and see what happens. 

[Lil bear 4,201]

16 minutes ago, noboundaries said:

Sorry for the long pause and thank you for replying. What is the 5/2 rule?  I don’t want to call USCIS because a correct answer falls into the 50/50 rule lol. I guess they just try for CBRA and see what happens. 

For CRBA eligibility, the USC parent must have lived in the US for at least 5 years total .. not necessarily in one continuous stay ..AND ... at least 2 years of that 5 years must have been when they were over 14 years old 

[payxibka 10,045]

36 minutes ago, noboundaries said:

Sorry for the long pause and thank you for replying. What is the 5/2 rule?  I don’t want to call USCIS because a correct answer falls into the 50/50 rule lol. I guess they just try for CBRA and see what happens. 

Just look up the eligibility criteria.   Google search and 5 minutes of reading you will have your answer 

[jan22 3,053]

On 6/8/2019 at 7:31 AM, Lil bear said:

For CRBA eligibility, the USC parent must have lived in the US for at least 5 years total .. not necessarily in one continuous stay ..AND ... at least 2 years of that 5 years must have been when they were over 14 years old 

Almost right -- the standard is "physical presence", not residency.  Any time physically spent in the US, even on vacation from a residence abroad, counts -- it's just harder to document.

[Taylor Hugh 3]

CRBA works regardless what's the age of the child as long as one of the parent is USC, they have 2 different application for children under 18 years and CRBA Derivative for adult. 

 

Our son processed takes 3 months since he was subject for DNA testing. For sure you'll nail it.

 

USCIS provide specific details on this application.