Question K-1 Manila/US

[Maxus1977 0]

I'm a US citizen who's lived in the Philippines the last four years. I was dating a local filipina prior to relocating here for work (on a work visa the entire time) and we've lived together for the last four years. (3 years in Makati and the last year in Cebu) We have a child together (15 months) and I've decided to take a role in the US and decided to move back. We filled a K-1 visa request that is pending the NOA1. I need to get back to the US by February / March for the new employment based in the US and have a few questions.

 

1) Are K-1s being processed? I was told yes, I was told no, I was told Embassy is open, I've been told not. Does anyone actually know?

2) Our child hasn't yet been registered as CRBA although I'm listed on birth certificate and I have all the paperwork. The challenge with doing this is CRBAs are only handled in Manila and I'm in Cebu, difficult to get flights, plus quarantine etc. My specific question is, I included this child on the K-1 visa request even though the child is mine, I just havent gotten to finalize my child's citizenship due to COVID quarantine issues. Does anyone know if CRBA can be filed in the US embassy upon arrival vs in the Philippines?

3) Since we've lived together here for four years, she's dependent on me as is the child, leaving here without her isn't an option. That said, is there a realistic expectation on when timelines?

4) I went K-1 vs K-3 visa because from what I understood the K-3 took longer to process than the K-1. Is this true? Again, my timeline is fixed due to relocation of employment and leaving without her isn't an option.

 

Any clarity would be appreciated.

 

 

[payxibka 10,047]

1 minute ago, Maxus1977 said:

I'm a US citizen who's lived in the Philippines the last four years. I was dating a local filipina prior to relocating here for work (on a work visa the entire time) and we've lived together for the last four years. (3 years in Makati and the last year in Cebu) We have a child together (15 months) and I've decided to take a role in the US and decided to move back. We filled a K-1 visa request that is pending the NOA1. I need to get back to the US by February / March for the new employment based in the US and have a few questions.

 

1) Are K-1s being processed? I was told yes, I was told no, I was told Embassy is open, I've been told not. Does anyone actually know?

2) Our child hasn't yet been registered as CRBA although I'm listed on birth certificate and I have all the paperwork. The challenge with doing this is CRBAs are only handled in Manila and I'm in Cebu, difficult to get flights, plus quarantine etc. My specific question is, I included this child on the K-1 visa request even though the child is mine, I just havent gotten to finalize my child's citizenship due to COVID quarantine issues. Does anyone know if CRBA can be filed in the US embassy upon arrival vs in the Philippines?

3) Since we've lived together here for four years, she's dependent on me as is the child, leaving here without her isn't an option. That said, is there a realistic expectation on when timelines?

4) I went K-1 vs K-3 visa because from what I understood the K-3 took longer to process than the K-1. Is this true? Again, my timeline is fixed due to relocation of employment and leaving without her isn't an option.

 

Any clarity would be appreciated.

 

 

1.  Open for expedited and emergent processing,  not for routine processing.  What is today doesn't matter because your petition isn't yet approved 

 

2.  No US embassies in the states.  How would the child travel without a US passport 

 

3.  You have a long.ways to wait considering your fiancee isnt eligible yet to apply for a visa.

 

4.  K3 is extinct.  A CR/IR 1 visa would be needed but that means getting married and filing a completely different petition 

[Maxus1977 0]

1 minute ago, payxibka said:

1.  Open for expedited and emergent processing,  not for routine processing.  What is today doesn't matter because your petition isn't yet approved 

Thanks.

 

1 minute ago, payxibka said:

 

2.  No US embassies in the states.  How would the child travel without a US passport 

My question is can a child born abroad to a US citizen be registered as born abroad and obtain US citizenship in the US or does it have to be done on CRBA.

 

1 minute ago, payxibka said:

 

3.  You have a long.ways to wait considering your fiancee isnt eligible yet to apply for a visa.

 

4.  K3 is extinct.  A CR/IR 1 visa would be needed but that means getting married and filing a completely different petition 

 

[payxibka 10,047]

1 minute ago, Maxus1977 said:

Thanks.

 

My question is can a child born abroad to a US citizen be registered as born abroad and obtain US citizenship in the US or does it have to be done on CRBA.

 

 

CRBA because that is the only way a child can get a US passport to travel

[Maxus1977 0]

Just now, payxibka said:

CRBA because that is the only way a child can get a US passport to travel

As I stated above, the child was included on the K-1 visa and is a Philippine Passport holder. So the child can travel (from what I'm told) on the K-1 visa as a Philippine passport holder (which we have) the question is specific to once we arrive in the US if the child can then gain US citizenship by birth right in the US vs CRBA in the Philippines. 

 

I'll take this part up with an attorney I guess. 

[payxibka 10,047]

5 minutes ago, Maxus1977 said:

As I stated above, the child was included on the K-1 visa and is a Philippine Passport holder. So the child can travel (from what I'm told) on the K-1 visa as a Philippine passport holder (which we have) the question is specific to once we arrive in the US if the child can then gain US citizenship by birth right in the US vs CRBA in the Philippines. 

 

I'll take this part up with an attorney I guess. 

A child who has a claim on US citizenship CANNOT be issued a visa.  The birthright claim is effective the day the child was born not some date in the future.

 

Since the k1 will require an interview and thus a trip to Manila,  it only makes logical sense that you do the CRBA all at the same time 

 

 

Edited August 24, 2020 by payxibka

[Maxus1977 0]

5 minutes ago, payxibka said:

A child who has a claim on US citizenship CANNOT be issued a visa.  The birthright claim is effective the day the child was born not some date in the future.

 

Since the k1 will require an interview and thus a trip to Manila,  it only makes logical sense that you do the CRBA all at the same time 

 

 

This is much more informative, thanks for editing and yes, the CRBA will be done with the K-1 Visa interview is scheduled, although this has to be scheduled separately so timing could be an issue but right now, the quarantine rules from travel in and out of Manila are silly.  I guess my question was simply, the child will be allowed to travel to the US with us regardless, from my understanding anyway, and if it would simply be easier to accomplish in the US and if that was even possible.

 

I'll take it up with an attorney to double check but thanks again for the advice.

[payxibka 10,047]

1 minute ago, Maxus1977 said:

This is much more informative, thanks for editing and yes, the CRBA will be done with the K-1 Visa interview is scheduled, although this has to be scheduled separately so timing could be an issue but right now, the quarantine rules from travel in and out of Manila are silly.  I guess my question was simply, the child will be allowed to travel to the US with us regardless, from my understanding anyway, and if it would simply be easier to accomplish in the US and if that was even possible.

 

I'll take it up with an attorney to double check but thanks again for the advice.

Your fiancee would be lucky to even get an interview in 2020 because there is more than a  6 month backlog and growing each day and she isn't even eligible yet.

 

Conditions today for you are meaningless.   The world and the Philippines will be a different place (maybe better,  maybe worse) a month from now and even 6 months from now.  

 

 

[Just Paul 4,595]

Your child is ineligible to receive a visa, even with a Filipino passport.  Your fiance can file the CRBA now, if convenient. (doing so before the K1 is completing is advisable in case there are any issues) You do not need to be present.

 

You can remove the child via the NVC or by simply not filing for a visa.

 

As for the K1, don't expect it to be at the interview state until next year.

[PGA 259]

From https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html : We are temporarily unable to process Consular Reports of Birth Abroad due to COVID-19-related restrictions.  If you are currently overseas with a newborn and have an urgent need to travel or require proof of citizenship for your child, please contact the nearest U.S. embassy or consulate to apply for an emergency passport.

 

Definitely contact and see what your options are. If I remember correctly, I had to file for the CRBA with an application for Social Security #, then wait for that to be issued and sent to the embassy before I could complete the DS-11 form and file for the US passport.  I don't remember it being a long wait but given current conditions you may want to start gathering your CRBA documentation.

[payxibka 10,047]

The definitive source would be the embassy itself.  They just posted today that beginning next week that ACS (including CRBA) will begin next week at a limited basis

[Adventine 3,213]

6 hours ago, Maxus1977 said:

I'm a US citizen who's lived in the Philippines the last four years. I was dating a local filipina prior to relocating here for work (on a work visa the entire time) and we've lived together for the last four years. (3 years in Makati and the last year in Cebu) We have a child together (15 months) and I've decided to take a role in the US and decided to move back. We filled a K-1 visa request that is pending the NOA1. I need to get back to the US by February / March for the new employment based in the US and have a few questions.

 

1) Are K-1s being processed? I was told yes, I was told no, I was told Embassy is open, I've been told not. Does anyone actually know?

2) Our child hasn't yet been registered as CRBA although I'm listed on birth certificate and I have all the paperwork. The challenge with doing this is CRBAs are only handled in Manila and I'm in Cebu, difficult to get flights, plus quarantine etc. My specific question is, I included this child on the K-1 visa request even though the child is mine, I just havent gotten to finalize my child's citizenship due to COVID quarantine issues. Does anyone know if CRBA can be filed in the US embassy upon arrival vs in the Philippines?

3) Since we've lived together here for four years, she's dependent on me as is the child, leaving here without her isn't an option. That said, is there a realistic expectation on when timelines?

4) I went K-1 vs K-3 visa because from what I understood the K-3 took longer to process than the K-1. Is this true? Again, my timeline is fixed due to relocation of employment and leaving without her isn't an option.

 

Any clarity would be appreciated.

 

 

 

Other posters are more knowledgeable about the process and how to (maybe) expedite the process, but I think you and your family should start thinking about backup plans. 

 

With your scheduled departure in Feb/Mar 2021, and so much still in limbo with your fiancée's petition and child's US passport, it's more prudent to have a contingency plan in place in case they are unable to travel with you next year.

Edited August 25, 2020 by Adventine

[flicks1998 1,044]

7 hours ago, Maxus1977 said:

I'm a US citizen who's lived in the Philippines the last four years. I was dating a local filipina prior to relocating here for work (on a work visa the entire time) and we've lived together for the last four years. (3 years in Makati and the last year in Cebu) We have a child together (15 months) and I've decided to take a role in the US and decided to move back. We filled a K-1 visa request that is pending the NOA1. I need to get back to the US by February / March for the new employment based in the US and have a few questions.

 

1) Are K-1s being processed? I was told yes, I was told no, I was told Embassy is open, I've been told not. Does anyone actually know?

2) Our child hasn't yet been registered as CRBA although I'm listed on birth certificate and I have all the paperwork. The challenge with doing this is CRBAs are only handled in Manila and I'm in Cebu, difficult to get flights, plus quarantine etc. My specific question is, I included this child on the K-1 visa request even though the child is mine, I just havent gotten to finalize my child's citizenship due to COVID quarantine issues. Does anyone know if CRBA can be filed in the US embassy upon arrival vs in the Philippines?

3) Since we've lived together here for four years, she's dependent on me as is the child, leaving here without her isn't an option. That said, is there a realistic expectation on when timelines?

4) I went K-1 vs K-3 visa because from what I understood the K-3 took longer to process than the K-1. Is this true? Again, my timeline is fixed due to relocation of employment and leaving without her isn't an option.

 

Any clarity would be appreciated.

 

 

I was in a similar situation as you relocating to Manila in 2010 and leaving in early January this year.  You may want to post in the Philippines forum for Philippine related answers.

 

I did the CRBA through the Embassy in Manila (when times were normal) and the process took 3-4 months, I cant remember exactly but this was done in 2017 or so.  As you are not married (same as my situation) there is additional burden of proof on the US citizen father.  On the day of our interview at the Embassy we had all of our documents and I thought we were good to go, also my son is a spitting image of myself so didnt except any trouble.  However, the Consular officer wanted ultrasound photos or photos of her when carrying the baby.  We did not have these at the interview and so they gave us the option of getting the photos or taking a DNA test.  As our photos were in another province and you have only a limited time to provide the additional evidence, we did the DNA test.

 

You need to order the test from a list of preferred providers in the US.  Embassy has a list.  I ordered from a place called PTC Labatories and I highly recommend them.  Every part of that was great.  I did an initial call as I didnt know which one to order (there are quite a few choices) and they knew exactly what I needed.  This was then shipped to the US Embassy or St Lukes Extension Center (I dont remember) but on the day of the swabbing, we had to go to the Embassy first, then to SLEC to pay a fee, then back to the Embassy.  Total fee was $650 which is separate from the fee at SLEC.  $450 for the test, and $200 for the shipping in all directions, plus SLEC fees which may have been around $50.  I really highly recommend that place.  Everything was done on time and super fast communication.  I was communicating with them by email at night in Manila and within minutes I had responses.  They are located in Missouri. 

 

Once this whole process is done youll get the certificate soon after. When you start the CRBA process you can also apply for the passport at the same time and given the travel situation you need to do this.  Make sure your CRBA is correct though, as the mother had the wrong birthdate on it, however the Embassy said its not a problem, but Im not sure if I believe that and will find out soon as Im trying to get my son his SSN and Im using the CRBA for that.

I think the issue you will have now is on transportation with all of the lockdowns and so forth.  

 

A few other notes.  You need to be reestablished back in the US before the interview.  We sent our I-129F papers in August 2019 to USCIS and I left early January to transition back to the US since I had been away so long.  

 

Also, if I knew we were going to have COVID, I would have got married in August 2019 in the Philippines and did the CR1 visa.  We are now at 1 year and waiting for an interview that we dont know when it will come essentially making the K1/CR1 process time the same but with priority for CR1's.

 

As others have said, you cant have your child on the application.  All of the other advice is correct in this thread.  Its impossible to predict what the next day will bring, but you may want to look at doing the CR1.  Its very likely the K1 will take 1.5 years or so. 

[SalishSea 18,145]

Feb/Mar would have been reasonable pre-COVID.   In 2018, our K-1 took just over 9 months from petition mailed to POE, but that was FAST.  

 

If you're bent upon fly back by then, your fiance will likely have to follow to join.

[JFH 12,191]

I think you need to start preparing yourself for the fact that you will not be coming here together next spring. You will be able to come, as a USC you can return at any time. But you will be spending some time apart. Thousands of us have done that and survived.