CRBA concurrent with I-130 ?

[Gawain 23]

It is a long story.   I filed an I-130 for my daughter.  Is there anything prohibiting me (besides the virus) from going to that particular US Embassy and also filing a CRBA for my child as well?

 

Due to a bad divorce, my bitter ex-wife prohibited me from having a relationship with my child, but my daughter contacted me on her own later in life.  So now we have a relationship (we email, talk on video) and I have the necessary paperwork to file a CRBA.  She just turned 17.

 

Would filing the CRBA invalidate the I-130 petition?  My immediate thought is to apply for CRBA and the I-130 will still be in the process and will be my backup plan.  Thoughts?

 

[aaron2020 11,651]

Were you a US citizen when she was born and meet the 5 years physical presence requirement to pass on US citizenship?

 

If yes, then your daughter was born a US citizen and can't get an immigration visa.  She needs a CRBA and a US passport.  

 

[Gawain 23]

Yes.  I have lived in the US my entire life.

I've applied for the I-130 and they approved her for an R-2 visa.  I'm at the stage of "collection of documents" that I have to mail to NVC.  If I do it correctly, then they will forward to the Embassy.  I've been told by NVC that as long as she sets foot on US soil before she turns 18, then her citizenship is automatic.

 

So I was just wondering if I can go over there and also start a CRBA as soon as this Covid thing lets up, or we have the vaccine, and then run the CRBA concurrently with the R-2.

 

 

[SusieQQQ 11,586]

3 minutes ago, Gawain said:

Yes.  I have lived in the US my entire life.

I've applied for the I-130 and they approved her for an R-2 visa.  I'm at the stage of "collection of documents" that I have to mail to NVC.  If I do it correctly, then they will forward to the Embassy.  I've been told by NVC that as long as she sets foot on US soil before she turns 18, then her citizenship is automatic.

 

So I was just wondering if I can go over there and also start a CRBA as soon as this Covid thing lets up, or we have the vaccine, and then run the CRBA concurrently with the R-2.

 

 

IR2 is an immigrant visa for someone who is not a citizen. (Who, under certain circumstances but not all, can become one as soon as she sets foot in the US).

A CRBA is for someone who can claim to be born a citizen. 
So as Aaron says, it is one or the other. She cannot both be born a citizen, and be a non-citizen who requires an immigrant visa, at the same time.

[aaron2020 11,651]

Just now, Gawain said:

Yes.  I have lived in the US my entire life.

I've applied for the I-130 and they approved her for an R-2 visa.  I'm at the stage of "collection of documents" that I have to mail to NVC.  If I do it correctly, then they will forward to the Embassy.  I've been told by NVC that as long as she sets foot on US soil before she turns 18, then her citizenship is automatic.

 

So I was just wondering if I can go over there and also start a CRBA as soon as this Covid thing lets up, or we have the vaccine, and then run the CRBA concurrently with the R-2.

 

 

USCIS made a preliminary determination that the beneficiary has the required relationship to apply for a visa.  An IR-2 visa has not been approved for your daughter.  The consular officer at the visa interview will approve or deny the visa.  

If a child has a claim to US citizenship, then the US Embassy can not approve a visa for that child.  You would need to file a CRBA and apply for a US passport on her behalf.  

Contact the US Embassy and file the CRBA.  You should be able to do it from the US.  

[seekingthetruth 1,246]

4 minutes ago, aaron2020 said:

USCIS made a preliminary determination that the beneficiary has the required relationship to apply for a visa.  An IR-2 visa has not been approved for your daughter.  The consular officer at the visa interview will approve or deny the visa.  

If a child has a claim to US citizenship, then the US Embassy can not approve a visa for that child.  You would need to file a CRBA and apply for a US passport on her behalf.  

Contact the US Embassy and file the CRBA.  You should be able to do it from the US.  

I think the CRBA will be quicker too!  Unless they require a DNA test.

[Gawain 23]

So...I did everything wrong?  Maybe I'm not being clear -

I divorced my wife.  The divorce became final almost 1 month prior to the birth, so technically speaking the birth was "out of wedlock" even though she was conceived in wedlock.  So I thought the I-130 was the correct approach.

?

 

[Chancy 6,241]

Just now, Gawain said:

I divorced my wife.  The divorce became final almost 1 month prior to the birth, so technically speaking the birth was "out of wedlock" even though she was conceived in wedlock.  So I thought the I-130 was the correct approach.

 

You may apply for CRBA for your child born out of wedlock.  Not an issue.

 

What country does your child reside in?  Embassies have differing requirements on whether parents have to be physically present to apply for CRBA for their child.

 

[SusieQQQ 11,586]

4 minutes ago, Gawain said:

So...I did everything wrong?  Maybe I'm not being clear -

I divorced my wife.  The divorce became final almost 1 month prior to the birth, so technically speaking the birth was "out of wedlock" even though she was conceived in wedlock.  So I thought the I-130 was the correct approach.

?

 

Please contact the US embassy in your daughter’s county and talk to them, in almost all cases I am aware of, a child conceived during a marriage is considered the legitimated child of the person. Are you named on the birth certificate? They may accept that fact or they may require you to legitimate her, either way it definitely sounds like CRBA is the way. With these facts she will likely be denied a visa at interview. If she needs to be legitimated afaik that also needs to happen before she turns 18, so I would urge you to contact them quickly,  via the contact for US citizen services.

[seekingthetruth 1,246]

3 minutes ago, Gawain said:

So...I did everything wrong?  Maybe I'm not being clear -

I divorced my wife.  The divorce became final almost 1 month prior to the birth, so technically speaking the birth was "out of wedlock" even though she was conceived in wedlock.  So I thought the I-130 was the correct approach.

?

 

She is already a citizen.  You just have to prove it with the CRBA process.  When you do the CRBA they will ask if you want to get the passport at the same time.

 

Out of wedlock may make proving that she is your blood daughter slightly more difficult.  My first daughter was born out of wedlock (in the Philippines) and she looks like me, so once the CO saw her, it was a breeze.

[Gawain 23]

Country is Russia.  And based on the Embassy website, they are pretty much closed due to the virus.  It says to make an appointment but no appointments show on the calendar (yet).

 

On the final dissolution of marriage the judge also wrote the following:

 

"The wife is pregnant, the child being expected on or about October 2003"

 

It is a certified copy, and I also got an Apostille put on it.  So I'm thinking that this language may be to my advantage.  ???

I hope to God I don't have to get the DNA test as that would probably put us past when she turns 18.

 

Yes, I'm named on the birth certificate.

 

[SusieQQQ 11,586]

Just now, Gawain said:

Country is Russia.  And based on the Embassy website, they are pretty much closed due to the virus.  It says to make an appointment but no appointments show on the calendar (yet).

 

On the final dissolution of marriage the judge also wrote the following:

 

"The wife is pregnant, the child being expected on or about October 2003"

 

It is a certified copy, and I also got an Apostille put on it.  So I'm thinking that this language may be to my advantage.  ???

I hope to God I don't have to get the DNA test as that would probably put us past when she turns 18.

 

Again, please contact them via the number for US citizen services. ( If no luck get your congressperson to contact them for you.) The legitimation documentation is acknowledging she is your child and undertaking to financially support her until she is 18. It sounds like you have enough evidence without needing DNA. 

[Gawain 23]

Ok people.  Thanks for the help.  I will report back.

[HRQX 4,145]

53 minutes ago, Gawain said:

I divorced my wife.  The divorce became final almost 1 month prior to the birth, so technically speaking the birth was "out of wedlock" even though she was conceived in wedlock.

Still considered "In Wedlock" https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

1 hour ago, Gawain said:

I've applied for the I-130 and they approved her for an R-2 visa.

I-130 petition approval does not equal visa approval. "If a person is a U.S. citizen, he or she is not eligible for a visa. Any prospective applicant believing he or she may have a claim to U.S. citizenship should have his or her citizenship claim adjudicated (officially determined) by a consular officer at a U.S. Embassy or Consulate before applying for a U.S. visa." https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions.html Your child is a US citizen, thus not eligible for any US visa.

[Gawain 23]

Thanks again to everyone for the help.  I'm kicking myself for not finding this forum sooner.  Now you may not be able to get rid of me!