CRBA concurrent with I-130 ?

[Gawain 23]

Yes, I've also read the embassy website, many times over.

 

I'm thinking more like late summer for the interview date.  No I have not checked with the embassy because any time I contact them I get a canned answer or a generic response to get rid of me as soon as possible.

I'm asking about the stragegy.

[HRQX 4,145]

49 minutes ago, Gawain said:

I'm asking about the stragegy.

CRBA and US passports are handled by American Citizen Services unit, and Immigrant Visas by the IV unit. Odds are you won't be able to access both areas based only on one appointment notice.

59 minutes ago, Chancy said:

I doubt your daughter would get scheduled for a visa interview before October.

If his daughter is actually a US citizen per the applicable laws then she is not eligible for US visas. Even after turning 18 she is still eligible for first US passport. She would present the same supporting documents that a CRBA application usually needs. After the US passport is issued, that will be her document that proves US citizenship.

[Gawain 23]

13 minutes ago, HRQX said:

She would present the same supporting documents that a CRBA application usually needs.

 

Thanks for the info, HRQX.  But when and how exactly would the above scenario take place?  Would we be told this at the visa interview, if they feel she is a US citizen and not eligible for the visa?  

[HRQX 4,145]

1 hour ago, Gawain said:

Would we be told this at the visa interview, if they feel she is a US citizen and not eligible for the visa?  

If the Visa Officer does his/her due diligence then the visa should not be issued: https://fam.state.gov/fam/09FAM/09FAM030103.html "You may not issue a visa to an individual unless you are satisfied that the applicant is an alien.  An alien is defined at INA 101(a)(3) as "any person not a citizen or national of the United States."" Or you can stop pursuing the visa process altogether before then and just deal directly with the American Citizen Services unit for the citizenship document (i.e. CRBA, US passport, or both) process.

[Gawain 23]

6 hours ago, HRQX said:

If the Visa Officer does his/her due diligence then the visa should not be issued: https://fam.state.gov/fam/09FAM/09FAM030103.html "You may not issue a visa to an individual unless you are satisfied that the applicant is an alien.  An alien is defined at INA 101(a)(3) as "any person not a citizen or national of the United States."" Or you can stop pursuing the visa process altogether before then and just deal directly with the American Citizen Services unit for the citizenship document (i.e. CRBA, US passport, or both) process.

 

Thanks.  It appears to be quite the conundrum.  I would hope that if she wasn't entitled to the visa, that the I-130 wouldn't have received an approval notice (which happened years ago).  So *hopefully?* the visa office will do due dilligence and not issue the visa?  Please don't anybody respond with the language on the I-130, I've read it; the approval isn't a guarantee.  My question now is - what form would need to be filled out if she is over 18 and the visa somehow doesn't get issued?  Let's pretend that I'm now dealing directly with the American Citizen Services unit.  I'd like to have the forms ready.  Which forms would that be?

 

 

 

 

[milimelo 4,477]

For ACS (not in Russia) I had no issues getting an appointment for the date that worked for me in October 2020 even though all appointments showed as booked through February 21. I just emailed them that I booked whatever was available in February but that I wanted to get the passport application in by October x. They overrode the system to the date I wanted (I think they only had once or twice a week slots for ACS). So email and ask if they can push up your appointment if you know when you’re coming to Moscow (give them itinerary). 

[Gawain 23]

3 minutes ago, milimelo said:

For ACS (not in Russia) I had no issues getting an appointment for the date that worked for me in October 2020 even though all appointments showed as booked through February 21. I just emailed them that I booked whatever was available in February but that I wanted to get the passport application in by October x. They overrode the system to the date I wanted (I think they only had once or twice a week slots for ACS). So email and ask if they can push up your appointment if you know when you’re coming to Moscow (give them itinerary). 

 

Thank you milimelo.  I'm definitely going to try this method (make appointment first then try to push forward).

 

 

[Reds89z 5]

On 4/17/2021 at 10:43 AM, Gawain said:

 

Thank you milimelo.  I'm definitely going to try this method (make appointment first then try to push forward).

 

 

Gawain, I'm in a similar situation as you, but with a younger daughter, cooperative ex wife.  Some of the members here on my question referred me to the CRBA.  When I pulled up the instructions, it mentions form DS-5507, which is an Affidavit of Physical Presence.  Per the CBRA: If the US citizen parent transmitting citizenship to the child is not present, he or she may complete State Department Form DS 5507 Affidavit of Parentage Physical Presence and Support and submit separately.  The parent completing this application should provide as much information on the parent completing the form DS 5507 as he or she has.  

So, it sounds like this could be submitted and used in lieu of your physical presence at the Moscow embassy?  Can anyone say for sure?

[Gawain 23]

Reds89z,

Thanks for the assist.  But I don't believe that the form you mention would apply in my situation, specifically.  From the instructions on the CRBA:

 

Mother/Father/Parent. NOTE: If the U.S. citizen parent transmitting citizenship to the child is not present, he
or she may complete State Department Form DS 5507 Affidavit of Parentage Physical Presence and Support
and submit separately. The parent completing this application should provide as much information on the
parent completing the Form DS 5507 as he or she has.)

 

So if I had a cooperative ex-wife then we might be able to go this route.  But thanks anyway.

[aaron2020 11,651]

10 minutes ago, Gawain said:

Reds89z,

Thanks for the assist.  But I don't believe that the form you mention would apply in my situation, specifically.  From the instructions on the CRBA:

 

Mother/Father/Parent. NOTE: If the U.S. citizen parent transmitting citizenship to the child is not present, he
or she may complete State Department Form DS 5507 Affidavit of Parentage Physical Presence and Support
and submit separately. The parent completing this application should provide as much information on the
parent completing the Form DS 5507 as he or she has.)

 

So if I had a cooperative ex-wife then we might be able to go this route.  But thanks anyway.

Yup.  This is the big difference between your case and Reds89z.

 

You do not have a cooperative ex-wife who is willing to take your child to the CRBA appointment alone.   Reds89z does have a cooperative ex-wife who could take their child to the CRBA appointment alone.

Form DS-5507 is used when the parents were not married at the time of birth and the father can not attend the CRBA appointment. 

[Gawain 23]

I just got a notice from NVC about my I-130 that I'm running concurrent with the CRBA that I hope to do, and I have 2 questions about this part:

 

"The U.S. Embassy tells us what dates they are holding interviews, and NVC fills these appointments as they
become documentarily qualified. However, before applicants in a numerically limited (preference) visa category
can receive an appointment, their priority date must also be current. This can delay receipt of an appointment.
You can track your priority date using the Visa Bulletin at https://usvisas.state.gov/visabulletin. NVC schedules
appointments one month in advance, but we cannot predict when an interview appointment will be available." (emphasis in bold is me)

 

1) What does it mean when it says, "their priority date must also be current."

 

I've kept this application alive since 2008.  On the bottom of the letter it says the case number, beneficiary's name, preference category (IR2 - Child of US Citizen) and

Priority Date:  30OCT2008

 

2) Is this bad?  Am I screwed with such an old priority date?

 

Thanks for any help.

 

 

[Chancy 6,241]

3 hours ago, Gawain said:

2) Is this bad?  Am I screwed with such an old priority date?

 

You just got a generic note from NVC that does not apply to all visa categories.  Priority date is not really relevant for IR2 because IR2 visas are NOT numerically limited.

 

[Gawain 23]

Ahh, thank you Chancy.  Good news I guess...

 

It's odd.  First they sent me a letter telling me to send in my civil documents (birth certificate) and an I-864.  I had already included my civil docs (my birth certificate, my marriage, my divorce) when I mailed everything in.  So I figured that since I used the I-864EZ, that they were telling me to send in the regular I-864.  I was in the middle of putting together a second mailing, and ****poof**** I get this new letter from NVC last night (dated May 7) telling me that they have received all the information and it's being sent to the consulate for an interview date:

 

"The National Visa Center (NVC) received all the requested documentation for this immigrant visa case.  The applicant is now in the queue awaiting an interview appointment overseas, where a consular officer will adjudicate the applicant’s visa application."

 

So I'm thinking that someone took a second look and Ok'd what I had mailed them.  The I-864EZ instructions definitely allowed me to use that form, for my particular case.  I'm still watching the calendar for CRBE dates to open up, of which there are none for the next 4 months.  I may just write to them and ask for a date for August.  What have I got to lose?

 

 

[Gawain 23]

Just got an autoresponse from Moscow embassy.  Basically it looks like Biden screwed me:

 

American Citizen Services at the U. S. Embassy Moscow, Russia

   

Reduction in Routine Services    

Effective May 12, U.S. Embassy Moscow will reduce consular services due to the Russian government’s April 23 notification prohibiting the U.S. Embassy Russia from employing foreign nationals in any capacity. Embassy Moscow will not offer routine notarial services, Consular Reports of Birth Abroad, or renewal passport services for the foreseeable future. Consular services at U.S. Consulates General Yekaterinburg and Vladivostok remain suspended. We regret that the actions of the Russian government has forced us to reduce the consular work force by 75%, and endeavor to offer to U.S. citizens as many services as possible. 

 

In light of the staffing constraints and the continuing COVID pandemic, U.S. Embassy in Moscow can process passport renewals only in the following circumstances: 

 

· U.S. citizens resident in Russia who require a new U.S. passport to remain in compliance with Russian immigration law 

 

· A demonstrable, life-or-death emergency requiring immediate travel to the U.S. (booking travel with an expired U.S. passport does not qualify). 

 

For more information on how to request an emergency appointment, please see our website: https://ru.usembassy.gov/u-s-citizen-services/passports/ 

 

 

 

[Reds89z 5]

39 minutes ago, Gawain said:

Just got an autoresponse from Moscow embassy.  Basically it looks like Biden screwed me:

 

American Citizen Services at the U. S. Embassy Moscow, Russia

   

Reduction in Routine Services    

Effective May 12, U.S. Embassy Moscow will reduce consular services due to the Russian government’s April 23 notification prohibiting the U.S. Embassy Russia from employing foreign nationals in any capacity. Embassy Moscow will not offer routine notarial services, Consular Reports of Birth Abroad, or renewal passport services for the foreseeable future. Consular services at U.S. Consulates General Yekaterinburg and Vladivostok remain suspended. We regret that the actions of the Russian government has forced us to reduce the consular work force by 75%, and endeavor to offer to U.S. citizens as many services as possible. 

 

In light of the staffing constraints and the continuing COVID pandemic, U.S. Embassy in Moscow can process passport renewals only in the following circumstances: 

 

· U.S. citizens resident in Russia who require a new U.S. passport to remain in compliance with Russian immigration law 

 

· A demonstrable, life-or-death emergency requiring immediate travel to the U.S. (booking travel with an expired U.S. passport does not qualify). 

 

For more information on how to request an emergency appointment, please see our website: https://ru.usembassy.gov/u-s-citizen-services/passports/ 

 

 

 

You have got to be S******* me!  I was about ready to send all of my original docs to Russia today. I actually saw an appointment open up in Moscow for May 5 on the 4th, but with mailing times couldn’t have sent the docs that fast. 
 

With no CRBA services could my ex make an appointment at a US embassy in another country for the CRBA?  I also have a concurrent I 130 going but haven’t sent in the I 864 after finding out about CRBA.