CRBA - evidence of biological relationship?

[Ronald P 18]

Hi Everyone, 

 

Me and my fiancé are currently waiting for our I-129F petition to be processed (6 months in). However, we recently just found out that she is pregnant. I am assuming that by the time our baby is born that our petition will probably be just getting looked at (she probably wouldn't be able to travel after 6 months anyways). So now I am preparing to have to apply for a CRBA when after our baby is born. I am the father to be and the U.S citizen and she is from Ecuador.

 

After going to the embassy website, I have a question regarding one of the requirements that states, "There has to be a biological relationship between the child and transmitting U.S. Citizen"

 

I looked at some other immigration websites and even the USCIS and they all pretty much state the same thing. Either blood relationship or biological relationship, etc.

 

My question is, what type of evidence or proof are they asking for? A DNA test? Or is this just at the discretion of the CO? I plan to present during the CRBA appointment when the time comes. Thanks

[SteveInBostonI130 3,447]

Typically the birth certificate with you listed as the father would suffice, but the embassy may ask for a DNA test.

[Mike E 11,739]

I assume you have 5 or more years of physical presence in the USA, 2 of which were after age 14, and you have compelling evidence to provide it.  
 

If the CO wants a DNA test you will be directed to use one of the labs the embassy approves. You won’t get to shop outside the list and the lab is typically going to send results directly to the embassy. 
 

You can simplify the process and thus provide security  for your child if you marry your fiancée before the child is born. This will have two effects:

 

* the DNA test has a higher likelihood of being waived 

 

* you will not have to go through a legitimation process for your child. A child born in wedlock to a U.S. Citizen  father listed on the birth certificate is legitimized. 

 

God forbid if you die before you legitimize your child or before your child is born.  Thus get married now to prevent a potential tragedy for your child (loss of father) becoming a calamity (loss of U.S. Citizenship). 
 

Marrying means that the K-1 process is dead and you have to start over with I-130/I-130A.  6 months in I think it is a wash, and this way your wife will be an LPR upon entry to the U.S. 

Edited October 4, 2022 by Mike E

[Ronald P 18]

From your responses it seems as it is at the discretion of the CO. I guess when that time comes if they want a DNA test then I’ll gladly take one from one of their handpicked labs.

 

Thanks guys. 
 

 

[Ronald P 18]

On 10/4/2022 at 12:05 PM, Mike E said:

I assume you have 5 or more years of physical presence in the USA, 2 of which were after age 14, and you have compelling evidence to provide it.  
 

If the CO wants a DNA test you will be directed to use one of the labs the embassy approves. You won’t get to shop outside the list and the lab is typically going to send results directly to the embassy. 
 

You can simplify the process and thus provide security  for your child if you marry your fiancée before the child is born. This will have two effects:

 

* the DNA test has a higher likelihood of being waived 

 

* you will not have to go through a legitimation process for your child. A child born in wedlock to a U.S. Citizen  father listed on the birth certificate is legitimized. 

 

God forbid if you die before you legitimize your child or before your child is born.  Thus get married now to prevent a potential tragedy for your child (loss of father) becoming a calamity (loss of U.S. Citizenship). 
 

Marrying means that the K-1 process is dead and you have to start over with I-130/I-130A.  6 months in I think it is a wash, and this way your wife will be an LPR upon entry to the U.S. 

Hey @Mike E I wanted to ask you about one of the points you made here… 

 

what is the legitimization process you are referring to? Is this country / embassy specific depending on where the child is born? Is this a separate form? TIA

[Mike E 11,739]

4 minutes ago, Ronald P said:

Hey @Mike E I wanted to ask you about one of the points you made here… 

 

what is the legitimization process you are referring to? Is this country / embassy specific depending on where the child is born? Is this a separate form? TIA

Generally a child, born out of wedlock outside the USA to a father who is a U.S. citizen,  becomes legitimized when two things happen before the child reaches age 18:

 

1. The father, in writing, acknowledges the child as his own. 

 

2. The father,

 

* in writing, agrees to provide financial support, OR

 

* dies

 

 

 

 

 

[Ronald P 18]

2 hours ago, Mike E said:

Generally a child, born out of wedlock outside the USA to a father who is a U.S. citizen,  becomes legitimized when two things happen before the child reaches age 18:

 

1. The father, in writing, acknowledges the child as his own. 

 

2. The father,

 

* in writing, agrees to provide financial support, OR

 

* dies

 

 

 

 

 

Would filling out from DS-2029, section B and signing in front of a consular officer suffice the requirement of acknowledgment in writing, and agreement to financially support until 18?

[Mike E 11,739]

3 minutes ago, Ronald P said:

Would filling out from DS-2029, section B and signing in front of a consular officer suffice the requirement of acknowledgment in writing, and agreement to financially support until 18?

Clearly, since it says:

 

I am the child's biological father through whom he/she is claiming U.S. citizenship, and was not married to the child's biological mother at the time of birth.

 

I agree to provide financial support for this child until he/she reaches the age of eighteen.
 

Assuming the child is born, and you cannot get in front of a CO tomorrow, if you are in the U.S., draft a statement of the above today, and get it notarized today. Otherwise if a bus takes you out before you file for the CRBA, your fiancee or child will be posting here years from now how to get a CRBA or US passport, and the answer will be: “sorry”.

 

Marrying would have been easier.

[Ronald P 18]

On 4/16/2023 at 4:43 PM, Mike E said:

Clearly, since it says:

 

I am the child's biological father through whom he/she is claiming U.S. citizenship, and was not married to the child's biological mother at the time of birth.

 

I agree to provide financial support for this child until he/she reaches the age of eighteen.
 

Assuming the child is born, and you cannot get in front of a CO tomorrow, if you are in the U.S., draft a statement of the above today, and get it notarized today. Otherwise if a bus takes you out before you file for the CRBA, your fiancee or child will be posting here years from now how to get a CRBA or US passport, and the answer will be: “sorry”.

 

Marrying would have been easier.

Thanks for clearing that up Mike. I wanted to make sure because your initial answer didn't correlate directly to that section on the form. Anyways, I appreciate your help.

 

You're right, marrying would have been easier, but sometimes easier is not the best option. As couples, we all have different priorities on how we want to plan and live our lives. Rushing a marriage with little family on either side just for the sake of paperwork wasn't at the top of our list. As you mentioned, I could die tomorrow, so at least live life the way we want to. Don't worry, I will make sure to inform my family of the risks of not having married sooner and ensure they do not burden this forum if I get hit by a bus or die anytime before my child is born. Thanks!

[Family 3,988]

9 minutes ago, Ronald P said:

to inform my family of the risks of not having married sooner and ensure they do not burden this forum if I get hit by a bus or die anytime before my child is born. Thanks!

Don’t you worry..VJ will be here to make sure your baby mama knows what to do 😀

 

 

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

If the U.S. citizen parent has died, the child's U.S. citizen grandparent or U.S. citizen legal guardian may submit the application, provided the application is filed not more than 5 years after the death of the U.S. citizen parent.

[Ronald P 18]

57 minutes ago, Family said:

Don’t you worry..VJ will be here to make sure your baby mama knows what to do 😀

 

 

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

If the U.S. citizen parent has died, the child's U.S. citizen grandparent or U.S. citizen legal guardian may submit the application, provided the application is filed not more than 5 years after the death of the U.S. citizen parent.

Thanks! Now I can live a little bit more carefree and not in a bubble as I had intended to! 

[Mike E 11,739]

That is N-600K stuff. I do not think that is easier than visiting a notary would have been today.

 

I am unable to provide any more advice. Good luck with your child’s pursuit of U.S. citizenship. I am out.

[Family 3,988]

2 hours ago, Mike E said:

That is N-600K stuff. I do not think that is easier than visiting a notary would have been today.

 

I am unable to provide any more advice. Good luck with your child’s pursuit of U.S. citizenship. I am out.

Your advice is always excellent , on point and I am sure always appreciated. 😎