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solution32

Please I need help

By solution32 in Bringing Family Members of US Citizens to America

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solution32 Rookie

solution32   0

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My wife is in Mexico with my 8 month old son. I know for my wife I need to submit the form I-130 but form my son I’m not sure if he qualifies for CRBA.  I’ve been living in the US for over 20 years but I just got my naturalization certificate this month. I applied on 2020 before my baby was born but my citizenship took along time because of the Covid. 

Timona Experienced

Timona   4,208

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Filed: Citizen (apr) Country: Kenya
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Posted (edited)

You weren't a USC at time of his birth, so can't CRBA. So you need another I-130 for him

Edited by Timona

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jan22 Experienced

jan22   3,064

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Filed: Timeline
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7 hours ago, Timona said:

You weren't a USC at time of his birth, so can't CRBA. So you need another I-130 for him

This is correct -- two I-130's.  The good news is that once be is issued an immigrant vIsa, immediately upon using the visa and  being admitted to the US to live with you as a Legal Permanent Resident, your son automatically becomes a US citizen under the ChiId Citizenship Act and you can apply for his US passport.

nastra30 Experienced

nastra30   2,359

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Filed: IR-1/CR-1 Visa Country: Ghana
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44 minutes ago, solution32 said:

Thank you. I thought my wife needed to become an US citizen so my son can get it as well 

Nope, your son automatically becomes a citizen as soon as he is admitted in the US with his immigrant visa. But as others have mentioned above you'll need two I-130s; one for spouse and one for son. 

  • 4 weeks later...
nastra30 Experienced

nastra30   2,359

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Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted
11 minutes ago, solution32 said:

One more question . Do my wife and baby need to have a valid passport before I submit the form I130 because I’ve been waiting for the Mexican passports but the soonest day available is July 22th. Please let me know. Thank you 

No they don't need to have valid/current passports before you submit I-130s. If they don't have passports now it's fine; you can provide valid passport at NVC or Embassy when they are available. File the I-130s now; don't delay.

 
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