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How to obtain Citizenship for Child of US Citizen born abroad living abroad to US permanent resident mother

By Xia in Bringing Family Members of US Citizens to America

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Xia Apprentice

Xia   40

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

I'm asking for a friend. My friend is from Philippines and a US permanent resident, her US citizen ex-husband is the father of her child, her child is still in the Philippines while she lives in the US remarried to another US citizen. She was told by RapidVisa that she herself should file for her childs IR2 visa as a permanent resident, and not her new US citizen husband to avoid visa denial due to her ex-husband being a US citizen and that shes remarried to another US citizen. To me this does not make sense, as filing an immediate relative visa petition as a permanent resident could take 3-10 years as far as I know, when the new husband could simply file as Stepfather and process the IR2 petition in 10-12 months. Shouldn't her new US citizen husband file the IR2 petition as the child is now a Stepchild (I myself recently brought my 2 stepchildren to the US using IR2 visa)? Or better yet, since the childs biological father is a US citizen this should automatically make the child a US citizen, how can she go about registering the child's US citizenship and obtaining a passport for the child? Her goal obviously is to be united with her child by bringing the child to the US to live with her and her new husband.

I-130 IR2 Child of US Citizen (Pivot Case)
2018-02-19  ●  I-130 Petition Mailed to USCIS Phoenix
2018-02-22  ●  USCIS: NOA1 petition Received/priority Date, Delivered to Phoenix
2018-02-28  ●  USCIS: Petition routed to USCIS Nebraska Service Center for processing
2018-03-03  ●  USCIS: NOA1 I-797C Hard Copy Letter Received
2018-10-01  ●  USCIS: NOA2 Petition approved (221 days after NOA1)
2018-10-03  ●  USCIS: NOA2 Email Notification
2018-10-05  ●  USCIS: NOA2 I-797 Hard Copy Letter Received
2018-10-15  ●  USCIS: Case Was Sent To The Department of State for visa processing
2018-10-22  ●  NVC: Petition received (21 days after NOA2)
2018-11-23  ●  NVC: Embassy Case Number Created (32 days after NVC Petition received) (6:04am PST)
2018-11-26  ●  NVC: AOS and IV Fees SUBMITTED (9:30am PST)
2018-11-27  ●  NVC: AOS and IV Fees RECEIVED (5:00am PST)
2018-11-28  ●  NVC: AOS  and IV Fees PAID (1:30pm PST)
2018-11-29  ●  NVC: DS-260 COMPLETED SUBMITTED
2018-11-30  ●  NVC: Affidavit of Support and Civil Documents SUBMITTED

2018-12-11  ●  NVC: RFE marriage termination documents for Petitioner (Stepson)

2018-12-11  ●  NVC: Marriage termination documents SUBMITTED (Stepson & Stepdaughter)

2018-12-12  ●  NVC: Email: Fees, Forms, and Documents ACCEPTED (Stepdaughter)

2018-12-27  ●  NVC: Email: Fees, Forms, and Documents ACCEPTED (Stepson)

2019-01-08  ●  NVC: Email: Interview date scheduled for FEBRUARY 04, 2019 at 09:10 AM (Stepson & Stepdaughter)

2019-01-13  ●  SLEC Medical Exam  (Stepson & Stepdaughter)

2019-02-04  ●  EMBASSY: Interview Manila Philippines 09:10 AM (Me Petitioner, Stepson & Stepdaughter)
2019-02-04  ●  EMBASSY: 221g IRS Tax Transcripts mandatory required (Stepson & Stepdaughter)
2019-02-04  ●  CEAC: Administrative Processing
2019-02-05  ●  IRS: Tax Transcripts ordered, postal mail delivery
2019-02-12  ●  IRS: Tax Transcripts received by postal mail
2019-02-13  ●  EMBASSY: IRS Tax Transcripts delivered to 2GO MoA (Stepson & Stepdaughter)
2019-02-15  ●  CEAC: Case Updated. IRS Tax Transcripts delivered to embassy? (Stepson & Stepdaughter)
2019-02-21  ●  CEAC: Case Updated. (Stepson & Stepdaughter)
2019-02-28  ●  CEAC: Case Updated, status: Ready (Stepson & Stepdaughter)
2019-02-28  ●  CEAC: Case Updated, status: Visa Issued (Stepson & Stepdaughter)
2019-03-04  ●  USTRAVELDOCS: In Transit From Post
2019-03-04  ●  2GO Courier: Your passport is ready for pick up at 2GO SM MALL OF ASIA
2019-03-05  ●  Visa on Hand, picked up at 11:30am
2019-03-06  ●  CFO seminar scheduled for 9:30am (Stepson)
2019-03-06  ●  Flight: Departure Manila Philippines to Los Angeles CA (Me Petitioner, Stepson, & Stepdaughter)
2019-03-11  ●  USCIS: Immigrant fee PAID

2019-03-16  ●  SSA: Social Security cards delivered

2019-03-23  ●  USCIS: 10 year Permanent Resident cards delivered

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Was the child's father a USC and was able to pass on citizenship to the child before the child was born?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Xia Apprentice

Xia   40

Posted
Filed: IR-2 Country: Philippines
 Timeline
  • Author
Posted

As far as I know the ex-husband father was a US citizen when the child was conceived and born, and the father was the one who processed the mothers IR1 visa. The father did not register the childs citizenship with the US embassy in Manila, paternity testing would be required and possibly court ordered if the father is not cooperative. 

I-130 IR2 Child of US Citizen (Pivot Case)
2018-02-19  ●  I-130 Petition Mailed to USCIS Phoenix
2018-02-22  ●  USCIS: NOA1 petition Received/priority Date, Delivered to Phoenix
2018-02-28  ●  USCIS: Petition routed to USCIS Nebraska Service Center for processing
2018-03-03  ●  USCIS: NOA1 I-797C Hard Copy Letter Received
2018-10-01  ●  USCIS: NOA2 Petition approved (221 days after NOA1)
2018-10-03  ●  USCIS: NOA2 Email Notification
2018-10-05  ●  USCIS: NOA2 I-797 Hard Copy Letter Received
2018-10-15  ●  USCIS: Case Was Sent To The Department of State for visa processing
2018-10-22  ●  NVC: Petition received (21 days after NOA2)
2018-11-23  ●  NVC: Embassy Case Number Created (32 days after NVC Petition received) (6:04am PST)
2018-11-26  ●  NVC: AOS and IV Fees SUBMITTED (9:30am PST)
2018-11-27  ●  NVC: AOS and IV Fees RECEIVED (5:00am PST)
2018-11-28  ●  NVC: AOS  and IV Fees PAID (1:30pm PST)
2018-11-29  ●  NVC: DS-260 COMPLETED SUBMITTED
2018-11-30  ●  NVC: Affidavit of Support and Civil Documents SUBMITTED

2018-12-11  ●  NVC: RFE marriage termination documents for Petitioner (Stepson)

2018-12-11  ●  NVC: Marriage termination documents SUBMITTED (Stepson & Stepdaughter)

2018-12-12  ●  NVC: Email: Fees, Forms, and Documents ACCEPTED (Stepdaughter)

2018-12-27  ●  NVC: Email: Fees, Forms, and Documents ACCEPTED (Stepson)

2019-01-08  ●  NVC: Email: Interview date scheduled for FEBRUARY 04, 2019 at 09:10 AM (Stepson & Stepdaughter)

2019-01-13  ●  SLEC Medical Exam  (Stepson & Stepdaughter)

2019-02-04  ●  EMBASSY: Interview Manila Philippines 09:10 AM (Me Petitioner, Stepson & Stepdaughter)
2019-02-04  ●  EMBASSY: 221g IRS Tax Transcripts mandatory required (Stepson & Stepdaughter)
2019-02-04  ●  CEAC: Administrative Processing
2019-02-05  ●  IRS: Tax Transcripts ordered, postal mail delivery
2019-02-12  ●  IRS: Tax Transcripts received by postal mail
2019-02-13  ●  EMBASSY: IRS Tax Transcripts delivered to 2GO MoA (Stepson & Stepdaughter)
2019-02-15  ●  CEAC: Case Updated. IRS Tax Transcripts delivered to embassy? (Stepson & Stepdaughter)
2019-02-21  ●  CEAC: Case Updated. (Stepson & Stepdaughter)
2019-02-28  ●  CEAC: Case Updated, status: Ready (Stepson & Stepdaughter)
2019-02-28  ●  CEAC: Case Updated, status: Visa Issued (Stepson & Stepdaughter)
2019-03-04  ●  USTRAVELDOCS: In Transit From Post
2019-03-04  ●  2GO Courier: Your passport is ready for pick up at 2GO SM MALL OF ASIA
2019-03-05  ●  Visa on Hand, picked up at 11:30am
2019-03-06  ●  CFO seminar scheduled for 9:30am (Stepson)
2019-03-06  ●  Flight: Departure Manila Philippines to Los Angeles CA (Me Petitioner, Stepson, & Stepdaughter)
2019-03-11  ●  USCIS: Immigrant fee PAID

2019-03-16  ●  SSA: Social Security cards delivered

2019-03-23  ●  USCIS: 10 year Permanent Resident cards delivered

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
9 minutes ago, Xia said:

As far as I know the ex-husband father was a US citizen when the child was conceived and born, and the father was the one who processed the mothers IR1 visa. The father did not register the childs citizenship with the US embassy in Manila, paternity testing would be required and possibly court ordered if the father is not cooperative. 

The citizenship question needs to be sorted out first.  The embassy will not issue a Visa unless they find the child ineligible for a CRBA.

YMMV

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, Xia said:

As far as I know the ex-husband father was a US citizen when the child was conceived and born, and the father was the one who processed the mothers IR1 visa. The father did not register the childs citizenship with the US embassy in Manila, paternity testing would be required and possibly court ordered if the father is not cooperative. 

Is a father named on the birth certificate?

The ex-husband did not register CRBA because he disputes paternity or because he was not eligible to pass on citizenship?

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