Adding Child to Application

[German Canadian 1]

Hey, I looked through the forum and could not find any info directly. 

We filed CR1 (I'm the beneficiary, my wife is US Citizen). 

We are all the way through the process, medical completed, Interview Oct. 20.

We had our first baby after being DQ'ed this summer. 

How do we notify NVC/USCIS of her existence? Do we have to do it before the interview? 

We have birth certificate and everything, preparing to bring it to the interview.

Appreciate any feedback! 

 

[HRQX 4,145]

5 minutes ago, German Canadian said:

We have birth certificate and everything, preparing to bring it to the interview.

CRBA too? You can show all of that at the visa interview.

[Mike E 11,741]

46 minutes ago, German Canadian said:

How do we notify NVC/USCIS of her existence?

First determine if she is a US citizen.  
 

If she is then contact embsssy to get a CRBA.  Then get her a US passport.  
 

If she is not a US citizen, then you need to file an I-130, and then apply for an immigration visa for her.  Once she enters the USA on her visa she will be a US citizen and you can apply for a passport.  Once you have her passport file N-600 to get her a certificate of citizenship which is needed to get a security clearance.  
 

46 minutes ago, German Canadian said:

 

Do we have to do it before the interview? 
 

Sooner the better.  The problem is that without documents to travel to the USA, she cannot travel.  So to avoid or minimize separation from at least one parent get started.  

46 minutes ago, German Canadian said:

We have birth certificate and everything, preparing to bring it to the interview.

Appreciate any feedback! 

 

What does “everything” mean?

[Ryan H 3,815]

Moved from IR-1/CR-1 Progress Reports to CRBA forum.

[German Canadian 1]

On 9/24/2021 at 9:46 PM, HRQX said:

CRBA too? You can show all of that at the visa interview.

There is not enough time to obtain a CRBA before the interview (mailing times by consulate). We have her birth certificate, but it shows German (my original birthplace, but also a canadian citizen) and canadian (my wife is a dual canadian and us citizen). Will her birth certificate + my wife's passport be enough to prove my daughter's USC status?

[aaron2020 11,651]

7 minutes ago, German Canadian said:

There is not enough time to obtain a CRBA before the interview (mailing times by consulate). We have her birth certificate, but it shows German (my original birthplace, but also a canadian citizen) and canadian (my wife is a dual canadian and us citizen). Will her birth certificate + my wife's passport be enough to prove my daughter's USC status?

No.  A birth certificate and a USC parent's passport in no way proves a child is a US citizen. 

You need to file for the CRBA and get your daughter a US passport.   There is NO WAY around this.  

[HRQX 4,145]

18 minutes ago, German Canadian said:

be enough to prove my daughter's USC status?

Just to confirm: did your wife have enough US physical presence prior to your daughter's birth in order to pass on US citizenship? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html "Child Born Abroad in Wedlock to a U.S. Citizen and an Alien"

Edited September 27, 2021 by HRQX

[German Canadian 1]

1 minute ago, aaron2020 said:

No.  A birth certificate and a USC parent's passport in no way proves a child is a US citizen. 

You need to file for the CRBA and get your daughter a US passport.   There is NO WAY around this.  

Okay we will try to file asap for CRBA and hope they can expedite it. 

If we do not have this information at the interview would my visa be subject to denial? Or do we just need proof of these things for her to travel down with us if I get approved? 

So hard to get specific answers as neither the embassy or NVC has a phone system that gets answered. 

[arken 4,197]

3 minutes ago, German Canadian said:

Okay we will try to file asap for CRBA and hope they can expedite it. 

If we do not have this information at the interview would my visa be subject to denial? Or do we just need proof of these things for her to travel down with us if I get approved? 

So hard to get specific answers as neither the embassy or NVC has a phone system that gets answered. 

You are concerned for no reason. Your child's citizenship status has no impact on your visa approval/denial. You may want to bring your child's original birth certificate for the interview to show one additional evidence of ongoing relationship.

Edited September 27, 2021 by arken

[German Canadian 1]

3 minutes ago, HRQX said:

Just to confirm: did you have enough US physical presence prior to your daughter's birth in order to pass on US citizenship? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html "Child Born Abroad in Wedlock to a U.S. Citizen and an Alien"

Yes my wife lived in the US(she is the USC, I am the Alien) for about 17 years, and 5 of those were after the age of 14. 

[aaron2020 11,651]

2 minutes ago, German Canadian said:

Yes my wife lived in the US(she is the USC, I am the Alien) for about 17 years, and 5 of those were after the age of 14. 

Neither your wife's passport or your child's birth certificate would show that your wife lived for 17 years in the US and 5 years after age 14.  This is why these two documents can't prove that your daughter is a US citizen.

This is why your daughter needs a CRBA.  Your wife needs to provide the evidence that she meets the residency requirements to pass on US citizenship to her daugther born abroad.  

[Mike E 11,741]

17 hours ago, German Canadian said:

Yes my wife lived in the US(she is the USC, I am the Alien) for about 17 years, and 5 of those were after the age of 14. 

Good. The challenge is can she prove that.  
 

The core problem for your family is not your visa.  The core problem is how will you get your child into the USA.  

If USCIS and/or the department of state thinks your child might be a US citizen, then your child isn’t getting an immigration visa.  Answering the I-130 questions about the child’s US Citizen parent will lead USCIS or State to think the child is a citizen. 
 

Yet before State will issue a passport for your child, the US citizen parent will have to provide proof that the child is a citizen.  
 

Is the child also a Canadian citizen? If so, child can present a Canadian passport to the airline and board a flight  to the USA.    At the port entry, declare the child to be a US citizen.  CBP will let the child in as a US citizen but expect a long secondary inspection. The more evidence of physical presence in the USA the citizen spouse brings, the better.  
 

Alternatively, the child has just a German passport.  So everybody flies to Canada first, and then walks into USA.   

 

Edited September 28, 2021 by Mike E

[HRQX 4,145]

2 hours ago, Mike E said:

So everybody flies to Canada first,

Looks like OP and his family currently live in Canada:

 

[Mike E 11,741]

9 hours ago, HRQX said:

Looks like OP and his family currently live in Canada:

 

Then they should drive into the USA and skip the Covid tests. Show up at the border early in the morning, and by afternoon be on their way. Easy peasy.