CRBA concurrent with I-130 ?

[Gawain 23]

I don't know what to do.  I'm still mentally processing all this #######.  I did send them an email requesting an "emergency passport" since my daughter's ability to get a CRBA will time out in October.  So I requested any appointment date for August.  If they write back, I will post their answer here.

 

[Reds89z 5]

Does anyone know if a CRBA (equivalent) can be applied for while the child is in the USA?  

Edited May 7, 2021 by Reds89z

[HRQX 4,145]

24 minutes ago, Reds89z said:

Does anyone know if a CRBA can be applied for while the child is in the USA?  

No.

 

But if the child was somehow wrongfully* issued a visa and travels to the US, then Form N-600 can be filed with USCIS for $1170 in order to request a Certificate of Citizenship. The Certificate of Citizenship would list the child's date of birth as the date in "became a citizen thereof on..." sentence; i.e. that date would be backdated:

 

Note that the first paragraph of the above linked post has inaccuracies that were pointed out by myself, SusieQQQ, and others.

 

Also see the USCIS policy manual section regarding US Citizens at Birth: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3

 

*Just reiterating the process Consular Officers must follow: 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.""

Edited May 7, 2021 by HRQX

[Gawain 23]

Just to throw another monkey wrench into my gears -

I like to prepare all forms in advance and the latest version of DS-2029 that I have while I wait for eternity expires on 05/31/2021

and the latest form DS-11 that I have also expires on 05/31/2021.  These are the latest version of these forms that I can find.  Will they automatically update the forms on the website at the end of this month?

 

[HRQX 4,145]

14 hours ago, Gawain said:

Will they automatically update the forms on the website at the end of this month?

The OMB dates do NOT matter:

 

[Gawain 23]

I have a question for the group.  I was just told by Moscow Embassy that I can apply for the CRBA at any US Embassy.  Does anyone know of any US Embassy in any country that does not require that the child be present in order for me to make an appointment and submit the CRBA?

 

[Reds89z 5]

43 minutes ago, Gawain said:

I have a question for the group.  I was just told by Moscow Embassy that I can apply for the CRBA at any US Embassy.  Does anyone know of any US Embassy in any country that does not require that the child be present in order for me to make an appointment and submit the CRBA?

 

Hi Gawain,

 

Is there a way you could share the communication from the Moscow Embassy?  I'm looking at the embassy in Nur-Saltan to do the CRBA but they haven't answered me back if they'll accept our application since my daughter wasn't born there.  I really hesitate to send the family there just to get turned away.  

You might check the embassy website for Turkey, I don't recall their site specifically stating the child needed to be present.  

 

[Gawain 23]

I could always try to redact my personal information and post it later tonight or if I don't have time tonight, later this week.  But I would just suggest that you email them and give 1 or 2 days and they will tell you the same thing and then you have a record.  Just ask them,

Since Moscow Embassy is not accepting CRBA's would it be Ok if I apply at another Embassy in another country?

This way, the response creates an original record with your actual email.

[Gawain 23]

MoscowACS@state.gov

[Reds89z 5]

4 minutes ago, Gawain said:

MoscowACS@state.gov

I'm giving this a shot. Thank you and good luck.

[SusieQQQ 11,587]

On 5/7/2021 at 8:05 AM, Gawain said:

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?

 

 

I know this is not your major concern but just as an FYI to allay part of the confusion,  the reason they did this is someone realized your daughter is under 18 and therefore an i864 is not needed (as she would become a citizen upon entering the US on an immigrant visa if under 18 and into the custody of a USC parent).

[Gawain 23]

Thanks.  I have a follow-up question.  I've pretty much accepted the fact that she isn't going to get here by the time she is 18.  So she will be coming on an R-2 after she turns 18.  I think this will most probably be next summer.  I'm concerned because she is going to need to get back to Russia for college.  I'm not sure if I can get an advance parole document that fast (one, two months).  I read this on another website:

 

"If your child enters the United States on the IR-2 visa when they are under 18 years old, they will automatically acquire U.S. citizenship if they reside in the United States with their parents.

If they enter while over 18 years old, they become permanent residents and receive a green card."

 

So assuming she gets here after she turns 18, what is the next logical step in this process?  She "automatically" becomes a permanent resident?  They just send her a green card?  Or do I misunderstand the comment?

[Boiler 45,735]

15 minutes ago, Gawain said:

Thanks.  I have a follow-up question.  I've pretty much accepted the fact that she isn't going to get here by the time she is 18.  So she will be coming on an R-2 after she turns 18.  I think this will most probably be next summer.  I'm concerned because she is going to need to get back to Russia for college.  I'm not sure if I can get an advance parole document that fast (one, two months).  I read this on another website:

 

"If your child enters the United States on the IR-2 visa when they are under 18 years old, they will automatically acquire U.S. citizenship if they reside in the United States with their parents.

If they enter while over 18 years old, they become permanent residents and receive a green card."

 

So assuming she gets here after she turns 18, what is the next logical step in this process?  She "automatically" becomes a permanent resident?  They just send her a green card?  Or do I misunderstand the comment?

Isn't she a US Citizen?

[Gawain 23]

She's a Russian citizen who is going to receive an R-2 visa.

[Boiler 45,735]

IR 2?