Have a kid with fiance but didn't get US citizenship, want to apply for i-129f

[Boiler 45,837]

CRBA

5 minutes ago, gattigcg said:

The child was born September 16, 2020. If he's automatically a US citizen, how do we realize this and make it official in the eyes of the United States government? I haven't submitted any documents for this. 

 

[Mike E 11,742]

10 minutes ago, gattigcg said:

The child was born September 16, 2020. If he's automatically a US citizen, how do we realize this and make it official in the eyes of the United States government? I haven't submitted any documents for this. 

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

follow the instructions to apply for a passport for your son.  
 

CRBA would work accelerate the process  but with pandemic getting a CRBA while you are in the USA is difficult.  But maybe things will loosen up.  
 

Filing the I-130 for your son might work (uscis might RFE or deny on the basic it believes your son is a citizen) but that would deprive him of the chance to be POTUS.  

Edited March 21, 2021 by Mike E

[gattigcg 4]

3 minutes ago, Mike E said:

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

follow the instructions to apply for a passport for your son.  
 

CRBA would work accelerate the process  but with pandemic getting a CRBA while you are in the USA is difficult.  But maybe things will loosen up.  

Thanks for the advice. If let's say I apply for an i-129f for my fiance and mother of my son, does that change anything in this situation? If the K1 visa gets approved first, and he uses a Filipino passport enter the US because of the K1 deal, does that work out ok? 

[carmel34 3,650]

37 minutes ago, gattigcg said:

I haven't lived in the US that long (definitely not longer than a year), but my dad and grandparents have, so my son should fulfill the criteria that makes him eligible to be a US citizenship.

How many years total have you lived in the US?  The requirements to pass US citizenship to a child born abroad include a number of years living in the US for the US citizen parent:

 

The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

 

Do you meet this requirement?

 

If not, you'll have to file an I-130 petition for your child to get him/her an immigrant visa to come to the US.  If you do, your child can file for a US passport via the US embassy in the Philippines.  There is no derivative US citizenship via grandparents or great grandparents.  Good luck!

Edited March 21, 2021 by carmel34

[gattigcg 4]

5 minutes ago, carmel34 said:

How many years total have you lived in the US?  The requirements to pass US citizenship to a child born abroad include a number of years living in the US for the US citizen parent:

 

The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

 

Do you meet this requirement?

 

If not, you'll have to file an I-130 petition for your child to get him/her an immigrant visa to come to the US.  If you do, your child can file for a US passport via the US embassy in the Philippines.  There is no derivative US citizenship via grandparents or great grandparents.  Good luck!

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Section...Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

[Mike E 11,742]

10 minutes ago, gattigcg said:

Thanks for the advice. If let's say I apply for an i-129f for my fiance and mother of my son, does that change anything in this situation? If the K1 visa gets approved first, and he uses a Filipino passport enter the US because of the K1 deal, does that work out ok? 

If he presents a Filipino passport, the airline is unlikely to board him without a visa.  
 

Even assuming that hurdle is over come, upon landing in the US, if he claims to be a US citizen, it is going to be a long stay in secondary inspection.  
 

Yet if he does not claim to be a US citizen, he runs the risk of always being suspected by CBP of not  being a US citizen even after he gets his US passport by virtue of being born a US citizen.  
 

So your best move is to pursue a US passport for your son.   

Edited March 21, 2021 by Mike E

[payxibka 10,047]

 

 

1 minute ago, gattigcg said:

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Section...Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

Still needs a visa to arrive. Not eligible for a k2 

Just now, Mike E said:

If he presents a Filipino passport, the airline is unlikely to board him without a visa.  
 

Even assuming that hurdle is over come, upon landing in the US, if he claims to be a US citizen, it is going to be a long stay in secondary inspection.  
 

Yet if he does not claim to be a US citizen, he rubs the risk of always being suspected by CBP of not  being a US citizen even after he gets his US passport by virtue of being born a US citizen.  
 

So your best move is to pursue a US passport for your son.   

He doesn't qualify to pass citizenship at birth 

Edited March 21, 2021 by payxibka

[gattigcg 4]

5 minutes ago, payxibka said:

 

 

Still needs a visa to arrive. Not eligible for a k2 

He doesn't qualify to pass citizenship at birth 

So I just found information online about an application for Certificate of Citizenship, is that what I should pursue? And why wouldn't my son be eligible for K2 visa? I looked online and haven't seen any mitigating factors. 

[Mike E 11,742]

12 minutes ago, gattigcg said:

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

Section...Reliance on Physical Presence of Child’s U.S. Citizen Grandparent

Ok I’d assumed from your lament about negligence with regarding to “getting your son citizenship” that you had sufficient physical presence. It appears you do not.  
 

This means your son is not a US citizen.  The route you are proposing allows your son to enter US as visitor or any other non immigrant status and then attend an N-600K interview which ends with your son being sworn  in as a US citizen.  
 

So the visa you want for your son is a B1/B2 visa and meanwhile you file the N-600K.  End to end this process faster than K2

Edited March 21, 2021 by Mike E

[Mike E 11,742]

2 minutes ago, gattigcg said:

So I just found information online about an application for Certificate of Citizenship, is that what I should pursue? And why wouldn't my son be eligible for K2 visa? I looked online and haven't seen any mitigating factors. 

I don’t know if he is eligible but even if he is eligible for K2, it isn’t the best process. 

[Boiler 45,837]

US Citizens are not eligible for US Visa's.

[Mike E 11,742]

11 minutes ago, payxibka said:

 

 

Still needs a visa to arrive. Not eligible for a k2 

He doesn't qualify to pass citizenship at birth 

Well OP hasn’t explicitly said he doesn’t have sufficient physical presence. 
 

It’s fair to say that there is a lot of confusion around this case.  

[gattigcg 4]

1 minute ago, Mike E said:

Well OP hasn’t explicitly said he doesn’t have sufficient physical presence. 
 

It’s fair to say that there is a lot of confusion around this case.  

Sorry for the confusion. Yes I don't meet the physical presence requirement. I've only lived around a year in the US my entire life. My dad, however, does meet the requirements. 

[payxibka 10,047]

2 minutes ago, Mike E said:

Well OP hasn’t explicitly said he doesn’t have sufficient physical presence. 
 

I think he has. If he's relying on citizenship as a result of Grandparental presence 

[gattigcg 4]

8 minutes ago, Mike E said:

I don’t know if he is eligible but even if he is eligible for K2, it isn’t the best process. 

So just to be very clear, would you say n600k for my son, and k1 for my fiance, and i wait for both processes to be approved?