Fiance visa and cbra.

[tontontons 0]

I have filed a fiance visa and added my daughter to it. and i am a us citizen. I just found out that when you file your child for cbra that you have had to be living in the US 5 years straight after the age of 14. and i have not done that. and i am lost on what to do now. if i file for cbra it will get denied due to my lack of living in the us for 5 years straight. how will my daughter come in?

[fazmo 24]

Just for your information, the five year requirement does not have to be consecutive. You just need to prove that you were resident of US for five years at least two of which must after age 14.

If you do not qualify for that, just apply for the child as any other family member using I-130. If a child of a US citizen enters the US on an immigrant visa, the child is automatically eligible for US citizenship and you can apply for a passport or certificate of citizenship.

[tontontons 0]

so should i just get her a philippine passport and continue on including her on the fiance visa?

[fazmo 24]

so should i just get her a philippine passport and continue on including her on the fiance visa?

Yes you will have to get her a Philippine passport and add her to the K-1 petition. Later though, you will have to pay the application fee separately for the child. The daughter will get a K-2 visa. You can also apply for your child as an IR-2 (using I-130) and include her application with that of your wife.

[PreciousOne 4]

they will not issue a visa to the child if he is eligible for citizenship.The biological parent is US citizen so he must apply for CRBA at consulate and get a US passport.

[fazmo 24]

they will not issue a visa to the child if he is eligible for citizenship.The biological parent is US citizen so he must apply for CRBA at consulate and get a US passport.

If you read the OP post, it says the child does not qualify for a CRBA due the the single US citizen not being present in the US for five years. Unless you are suggesting that he wastes money on a CRBA application that will be denied, he should apply for a visa.

[JimVaPhuong 4,863]

Just for your information, the five year requirement does not have to be consecutive. You just need to prove that you were resident of US for five years at least two of which must after age 14.

If you do not qualify for that, just apply for the child as any other family member using I-130. If a child of a US citizen enters the US on an immigrant visa, the child is automatically eligible for US citizenship and you can apply for a passport or certificate of citizenship.

Since we're talking about a K1, the child would also be eligible for a K2 derivative visa. The child would not automatically become a US citizen on entry, but would automatically become a US citizen when the child's adjustment of status is approved.

If the OP doesn't meet the residency requirements then he should probably sign a statement to that effect, have his signature notarized, and include it with the child's K2 visa application. That should hopefully prevent the consulate from insisting he filed a CRBA.

[brian and aileen 14]

This will help you ... http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."

If your fiance's interview comes up and the CO found out that the child is eligible to become a US citizen the visa may be hold or maybe denied. I read one one of the post here that a fiance had her interview and together with her child. The CO denied her visa and told her that she needs to apply for her child's CRBA first. So i think there is no harm in trying to apply your child's CRBA first then if the ACS denied your application then at least you can show a letter that you already tried to apply your child.

This link will help youa lots by understanding how they process CRBA.

http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html