IR - 1 Visa Questions ???

[LilyJ 1,258]

4 minutes ago, Duke & Marie said:

Those paper pushers mean a lot though.. because regardless of the us government saying your a citizen or not.. citizenship can be relinquished at anytime by an individual... so that bit of paper means a lot and currently he dosent have it.. 

 

i think well we’ll agree to disagree 

Citizenship has not been relinquished though. Meaning he is still a US citizen, piece of paper or not. Meaning he still must enter and exit the US on a US passport. It is the law. If it’s not followed, you very well can, and most likely will, encounter problems at entry. This is not an opinion, and is stated by the government themselves. Like I said, just because you don’t automatically have a birth certificate for a country the moment you’re born doesn’t mean you’re not a citizen until you have one. He’s still a citizen regardless of all circumstances and must enter and exit the US according to US law

[LilyJ 1,258]

10 minutes ago, Ausmerica said:

 

No so what happens is now they give you the CRBA and issue an US passport at the sametime this is the best way to avoid these situations you talk about.  Also it saves $$$ as they are done together and he can still hold Dual Citizenship because he was born in Australia. It's acceptable.

It is up to you, you can apply for both at the embassy when you go. You’re not required to apply for a passport at the same time, but it’s strongly recommended that you do. He will still hold dual citizenship for both the US and Australia, but per US law he must enter and exit the US using his US passport

[Duke & Marie 1,389]

3 minutes ago, Ausmerica said:

Okay yes this is making total sense we suspected that we may need him to move back for certain number of days and have him establish domicle even though kinda of do but it varies via states however this parent's could be our sponsor too. Trying to figure the best less stressful route. 

If he goes home just before NVC stage, his parents can still cosponsor... plus it wouldn’t hurt for him to do this, it will help with finding time to get a place/job etc and set it up for yours and the child’s arrival.. reducing stress in itself somewhat youll only be a few months behind him, six at most, Sydney’s pretty fast

[Ozziemate 1]

20 minutes ago, LilyJ said:

It is up to you, you can apply for both at the embassy when you go. You’re not required to apply for a passport at the same time, but it’s strongly recommended that you do. He will still hold dual citizenship for both the US and Australia, but per US law he must enter and exit the US using his US passport

Thanks yes I know this. Good to clarify this. I know it's also changing all the time  so it can be tricky to know what your doing right and not doing right.