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Posted

Hi everyone! We want to apply for the US tourist visa for our baby. The father is US citizen living abroad and the baby is not eligible for US passport and Birth Certificate since baby daddy doesn’t have the 5 years physical  presence in the US.

Do we need any document at the visa interview for this? Do we need any sort of document to proof that the baby didn’t required the citizenship by birth?

Posted
41 minutes ago, Elena90 said:

Hi everyone! We want to apply for the US tourist visa for our baby. The father is US citizen living abroad and the baby is not eligible for US passport and Birth Certificate since baby daddy doesn’t have the 5 years physical  presence in the US.

Do we need any document at the visa interview for this? Do we need any sort of document to proof that the baby didn’t required the citizenship by birth?

Ultimately you will need a CR2/IR2 filed for the child.  A tourist visa should be denied as the child is eligible for citizenship upon arrival in the US. 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Filed: K-1 Visa Country: Wales
Timeline
Posted

A USC is not eligible for a visa and must enter using their US passport so they may need to clarify that first.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
36 minutes ago, Paul & Mary said:

Ultimately you will need a CR2/IR2 filed for the child.  A tourist visa should be denied as the child is eligible for citizenship upon arrival in the US. 

Isn’t that only true if they plan to live there? Or is there another section different to INA320 that you are referring to? (It’s circular reasoning for ina320 anyway as that requires an immigrant visa to be eligible - iow without it the child is not eligible and therefore can just visit)

Edited by SusieQQQ
Posted
22 minutes ago, SusieQQQ said:

Isn’t that only true if they plan to live there? Or is there another section different to INA320 that you are referring to? (It’s circular reasoning for ina320 anyway as that requires an immigrant visa to be eligible - iow without it the child is not eligible and therefore can just visit)

I'll do some more personal checking tomorrow, but my experience has been that the child born to a USC, even if not eligible for CRBA, had to get a IR2 visa rather than a B2 (or in the cases I see usually a BCC).

 

Off to a Oscar Party 🏆 

 

OP:  Are you (and the baby daddy) immigrating to the US or just visiting?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted (edited)

In light of all the uncertainty above, rather than applying for various things (CRBA, IR visa) you don’t actually want, I’d suggest applying for what you do want...a tourist visa for the child. Most consulates waive interviews for under 14s if a parent has a b visa (do you?), but in my (personal) experience if they need further info - as they might in your case - they will call you to come in with it. Obviously if you don’t have a b yet and you are applying at the same time you will be there anyway.

 

That is going to be the most straightforward way to find out (1) if (as I believe is the case) the child qualifies for a visa even with a USC parent if there is no intent to live in the US ; and (2) if that’s not the case, what exactly it is that you need to do. 

 

Edited by SusieQQQ
Posted

A USC can't get a visa. If one parent is a USC, it makes sense that you have to prove the child is not a USC.  Pretty much the only way to do that is to apply for a CRBA and be denied (thus ineligible for a passport.)   

But the child is also eligible be a USC if an LPR in the physical custody of their USC parent, so It's possible @Paul & Mary is correct. 

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

 

Posted

To clarify...

The child is either a USC or not. If so, they cannot get a visa. If not, they will need a visa.

There is nothing prohibiting the child of a USC or LPR from getting a tourist visa. It's often unlikely to be deemed eligible given the presumption of immigrant intent + ties to the US via the parent(s). But there's nothing that says they cannot either.

 

2 hours ago, Paul & Mary said:

A tourist visa should be denied as the child is eligible for citizenship upon arrival in the US. 

A child is not granted citizenship upon entry on a tourist visa. For that to happen, they need an immigrant visa (or to complete AOS if already in the US).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted (edited)
2 hours ago, NikLR said:

A USC can't get a visa. If one parent is a USC, it makes sense that you have to prove the child is not a USC.  Pretty much the only way to do that is to apply for a CRBA and be denied (thus ineligible for a passport.)   

But the child is also eligible be a USC if an LPR in the physical custody of their USC parent, so It's possible @Paul & Mary is correct. 

But that last is circular reasoning - because they can’t be a LPR unless an immigrant visa is applied for (but Paul & Mary says they must apply for one  ..  so it’s that “must” I am disputing.)  And again, INA320, the clause you refer to, is only applicable to those living in the US. They are talking tourist visa so i assume they want to visit. So ina320 doesn’t apply anyway. That’s why I asked if there was some other section being referred to that confers automatic citizenship. 

 

again, if I were them, rather than applying for a CRBA I don’t want just in case I need to show ineligible, I’d rather apply directly for the b visa.  Why do you need go through the steps to apply for CRBA to prove the child is not a USC when you can bring the same evidence to the embassy during a visa interview? It’s the same people at the same embassy adjudicating. They can sort out right then and there if there is any other form that needs to be filled in. Or not.

Edited by SusieQQQ
Posted (edited)

I could have sworn there's been other threads stating the b visa was denied and they needed to apply for a CRBA and have that denied first.  Even when you send and I-130 (which I highly doubt would need to happen here) the IR2 has been denied without proof of the CRBA being denied first.  But I'm not about to go searching tbh. 

I mean I get it. It's cheaper to do the b2 first and see where the ball lands.  But if the OP plans on this route, I want to see what happens so I hope they stick around!! 

Edited by NikLR

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

 

Posted

Thanks to everyone who repplied! Our intentions for this year are only to visit US for a couple of weeks with our baby. I do own a tourist visa B2, I had it after we got married, before was pregnant and did use it once for a vacation.

we were thinking of applying directly for the tourist visa since our intentions are just to visit and we are planning to bring to the interview school records/diplomas and work contracts of the US parent proofing that he lived here for all the years of his life.
Anyway my husband will contact our US embassy and ask them if we need to apply for tue CRBA and get denied before applying for the visa. This will cost us some extra bucks and hope is not needed.

Filed: Other Timeline
Posted

if the Consular officer believe there is a hint of immigration intent, the B1/ B2 visa could be denied. 

 

Good thing is, you, the mother doesn't have a Green card/Immigrant Visa/long term visa, so that might work to your favor. 

 

But yeah, CRBA might be the first step to determine the ineligibility for US passport. 

 

Wishing you all the best

Posted
10 hours ago, Elena90 said:

Thanks to everyone who repplied! Our intentions for this year are only to visit US for a couple of weeks with our baby. I do own a tourist visa B2, I had it after we got married, before was pregnant and did use it once for a vacation.

we were thinking of applying directly for the tourist visa since our intentions are just to visit and we are planning to bring to the interview school records/diplomas and work contracts of the US parent proofing that he lived here for all the years of his life.
Anyway my husband will contact our US embassy and ask them if we need to apply for tue CRBA and get denied before applying for the visa. This will cost us some extra bucks and hope is not needed.

Sounds like a plan (SLAP).

Just wondering - 

You say that you "had" the tourist visa after marriage, but did you GET your tourist visa before or after marriage?

Just wondering if you might consider making sure YOUR ties are provable, as well, just to be totally covered, at the border.

With the three of you showing up at the border, the CPB might (hopefully not) really wonder about intent. Just saying.

Cheers.

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Posted
45 minutes ago, abum said:

if the Consular officer believe there is a hint of immigration intent, the B1/ B2 visa could be denied. 

 

Good thing is, you, the mother doesn't have a Green card/Immigrant Visa/long term visa, so that might work to your favor. 

 

But yeah, CRBA might be the first step to determine the ineligibility for US passport. 

 

Wishing you all the best

Well if the mother had an immigrant visa or green card the new baby would be automatically processed as immigrant too so that’s a moot point.

 
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