My step-son denied CR2 at interview saying he is USC (though abandoned 3 years ago by USC)

[Mark88 184]

I thought if you didn't report birth abroad then the child will be phillipinos? Since it's Philippines born child then the kid will be eligible for CR2? Just threw a question out of curiosity

Just because you don't report a birth, doesn't mean automatically the child isn't a citizen. This is why the OP has the problem with the CR-2 visa.

@OP When you file a CRBA, ask only to file for the CRBA and not for a US passport at the same time. I do beleive, that the CRBA will be denied since your wife won't be able to present any physical proof of his residency in the US. In this case your can save about $100 for the passport application since the fees once payed are non refundable.

The consulate section of the embassy will then issue you a "no-claim" letter, and you can apply for a CR-2 visa. The only question will be, if they can reactivate the petition you already filed, or you will have to got through the entire process again with your stepchild.

Once you enter the US with the child, and is in your physical and legal custoday, he will gain USC through the child citizenship act. For more info on this procedure you can read here:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

[iamatemple 8]

Mark88, your insight is appreciated and also for being willing to share.

[Mark88 184]

You're welcome

[LDN2DEN 3]

I also had the same issue. My child's father is also a US citizen but refuses to transmit citizenship. The embassy here in London told me to apply for CRBA and have it denied. Then use that paperwork to apply for K2 visa as it shows child does not have US citizenship . Seems to be working so far!!!! Interview next month

[iamatemple 8]

I also had the same issue. My child's father is also a US citizen but refuses to transmit citizenship. The embassy here in London told me to apply for CRBA and have it denied. Then use that paperwork to apply for K2 visa as it shows child does not have US citizenship . Seems to be working so far!!!! Interview next month

LDN2DEN, grateful also to hear your experience confirming what is already said before.

Glad to know what to expect if we go that route.

[iamatemple 8]

I thought if you didn't report birth abroad then the child will be phillipinos? Since it's Philippines born child then the kid will be eligible for CR2? Just threw a question out of curiosity

I thought that myself.

[iamatemple 8]

Alright.

Flew my wife and son (step-son, though I call son) via Cebu Pacific Airlines to Cebu to go see the u.s. consulate instead of going to Manila.

(Manila had no appointments available online over a 2 year span but it appears their appointment system was experienceing difficulties)

In Cebu she walked in and around 7 am she didn't see a long line at the Waterfront Hotel where the u.s. consulate was located.

Only 4 people waiting and then a bit later some others did straggle in, though, nothing remotely close to u.s. embassy Manila.

My wife & son stayed at the Crowne Garden Hotel (on Salinas drive) and were easily able to walk to the Waterfront Hotel without difficulty.

(Difficulty = taxi driver circling (to drive up the price) then demanding outrageous amounts while claiming he was "lost" when the destination on any smart phone (with GPS app) will show he really did clrcles and the destination was a few streets away)

My wife arrived and said,

"so glad today went well...at first, the consulate didnt accept the CRBA, but when explained that son is abandoned and no news where is the abandoning "father" he (officer at u.s. consulate Cebu) let me sit down to talk to their head."

"glad when talking to the head consulate she's a foreigner woman" (not a filipina)

"told her about it then she write what i said...she want me to check on the CR2 case of son.

"I told her (Cebu consulate head) that the immigration officer at the visa interview (9 May, 2014 in u.s. embassy Manila) said to go to ACS (American Citizen Services on the second floor (u.s. embassy manila)) window 1, but, security and another woman there in Manila refused to allow access to 2nd floor, even though interviewing officer said to go to ACS upstairs himself. Woman and security said have to have appointment there in Manila so I tried there."

"she (Cebu head of consulate) called the ACS Manila about it. and they told her to just let me apply the CRBA (Citizen Report of Birth Abroad) and if denied then can resume the (cr = Conditional Resident) cr2 application of son."

"she wanted to see if i have pictures gathered and prenatal stuff thats why i came back to hotel because i forgot it...

"they want me come back tomorrow but its 9am yet so i came back inside again and said can i just go back today...so then i did go back and give all the papers i had."

"after showing her what I had she was satisfied with what i give so she let me pay the 4500php to file the CRBA application"

"then had me sign something and told me she will forward it to Manila then can received email or text next week on the result of it"

"I gave her the affidavit of mother and affidavit of fact" (statements made long ago describing in great detail the situation and notarizing it)

"she asked me though if did he (the abandoning "father") sign a child support I told her no."

"all they want to have is the passport copy and his income tax or other residence he got..."

"told them I dont have any copy of it.."

"she didnt asked for more though because i told her after son is 10 months old I dont have any information from the one that abandoned him"

"I asked if the CR2 can resume she said yes...and can show to the immigrant the CRBA denied.. or accepted if it is."

(end of wife quotation of the event with the u.s. consulate, located in the Waterfront Cebu Hotel off of Salinas drive (not the Waterfront Airport Hotel by the airport Cebu)

So at least the process that was seemingly at a complete stand still was able to be set back into motion (Thank the LORD for it all!!!) by going to Cebu and no appointment needed at all.

Glad for all the help here which cleared up the muddied water that is "immigration process."

[leiwich 1]

Hi, what happened after you showed your step-son's CRBA result to the IV manila? Does your wife got her passport and visa already? thanks!

[iamatemple 8]

Hi, what happened after you showed your step-son's CRBA result to the IV manila? Does your wife got her passport and visa already? thanks!

(Sorry for the late response)

As of recently, all we know is this.

CRBA denied. Wife already had her passport (though embassy holds it till visa is approved). No visa yet.

Wife was asked a week or two ago to send in her son's Philippines passport to U.S. embassy Manila and was only told after asking that the CRBA was denied.

Paperwork was sent for my wife's sake (for her visa case) and she was told that we needed another joint sponsor months ago, though, we were never told that in conversation, nor in email (which seems the preferred method of communication.

After calling I found out my joint sponsor didn't meet the poverty line "requirement" so recently we sent in more assets not listed the first time as we figured there was more than enough to meet the requirements already.

Case has been updated according to the "check my visa status" site on http://ceac.state.gov/ though no reply as of yet.

Very much disappointed to see such matters being handled by folks who are not able to communicate clearly, to catch obvious errors, or to contact us and let us know clearly what is needed to move forward.

Instead we received very vague emails and rebukes on the phone saying we were told we needed a new sponsor.

Thank GOD though, the hold up is now clear after calling and questioning the immigration visa unit.

Edited August 27, 2014 by iamatemple

[iamatemple 8]

Visa "Issued" as of this morning.

Should arrive in 7-10 working days and then should be able to get my wife and step-son, though son to me, out of Philippines and here with me, her husband.

Thanks be to GOD for that!

[leiwich 1]

Visa "Issued" as of this morning.

Should arrive in 7-10 working days and then should be able to get my wife and step-son, though son to me, out of Philippines and here with me, her husband.

Thanks be to GOD for that!

Thanks for your reply.

Congrats to you! How long have you waited since you reported about your child no claim to USC? Thanks again.

[iamatemple 8]

Thanks for your reply.

Congrats to you! How long have you waited since you reported about your child no claim to USC? Thanks again.

No claim is a new term to me.

Could you clarify leiwich?