CRBA and I-130

[SeanC]

Quick questions I can't find clear answers to elsewhere:

My baby was born in China earlier this month. I am in the US and cannot go to China.

 

Question 1: To apply for the CRBA, are scanned/printed copies of physical presence acceptable, or do I need to mail university transcripts and other documents to my wife?

 

Question 2: Do I need to amend or submit further documents to my wife's I-130 application regarding our child, or because the baby will have a US passport is further documentation unnecessary?

 

Thank you for any clarification the forum may provide.

[Randy W]

I'm not sure why I missed this earlier.

 

Your baby is an American citizen, with or without the CRBA. The CRBA is simply an alternate birth certificate for convenience in proving the circumstances of their birth.

 

No visa is needed, except for a Chinese exit visa. Simply answer the questions on the I-130.

 

Suggestions for evidence to satisfy the residency requirement may be found at https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-checklist/proof-of-physical-presence/. Scanned copies are fine.

[SeanC]

Thanks. I guess I don't totally understand the procedure though. I submitted the I-130 five months ago. Do I fill out just the section for children on a blank form and upload it to the USCIS site, or do I add the info to the file I already submitted and upload that? I've looked all over the USCIS and there is nothing that explains how to make an amendment or change information.

[Randy W]

As long as the baby will have an American passport, I don't think it's necessary to update the petition for the little change in circumstances. Be sure she has the baby's passport and CRBA or Chinese birth certificate at the interview.

 

You generally don't need to update the petition due to a change in circumstances, unless the baby will need their own visa.

 

But there's always this, from Nolo -

 

Made a Mistake on an Immigration Form? How to Correct It

 

If the baby will have a Chinese passport but no American passport,

 

Your Relative Had Children After I-130 Approved - Can They Immigrate Too?

 

 

[SeanC]

Thanks a lot!

[SeanC]

I won't be able to attend the CRBA interview. The instructions tell me to fill out a DS-5507 affidavit of physical presence, residence, parentage or support form.

 

The snag i'm running into is that I can't find anything that tells me how and where to get it acceptably notarized. I'm not sure what the Guangzhou embassy wants. Please help!

[Randy W]

I won't be able to attend the CRBA interview. The instructions tell me to fill out a DS-5507 affidavit of physical presence, residence, parentage or support form.

 

The snag i'm running into is that I can't find anything that tells me how and where to get it acceptably notarized. I'm not sure what the Guangzhou embassy wants. Please help!

 

 

from the Italian embassy

 

CRBA – If only one parent can attend

 

 

If only one parent can attend

If the parents were not married at the time of the child’s birth and the U.S. citizen father is not able to attend the appointment, form DS-5507 Affidavit of Parentage, Physical Presence and Support is required. The form must be completed, signed and notarized, and should be presented along with a copy of the same identity document used to notarize the form.

If applying also for a passport and one custodial parent is not able to attend, s/he must submit a notarized form DS-3053 Statement of Consent. A copy of the same identity document used to notarize the form must be attached to the form.

The form says

If guidance is not available from the consulate as to what Passport Specialist or designated Consular/Acceptance Agent would be acceptable, you might check with an immigrations lawyer, or simply use a notary public if you cannot locate a Passport Acceptance Agent.

From the Dept. of State

https://travel.state.gov/content/travel/en/passports/how-apply/where-to-apply/af-info.html

 

What is a Passport Acceptance Facility?

A Passport Acceptance Facility is a public sector office that is designated to accept and execute passport applications on our behalf. Passport Acceptance Facilities verify the information of applicants using Form DS-11, which includes all first-time applicants and all minors. You then send these verified applications to us, and we process the paperwork and issue the passport, if the customer is eligible.

Passport Acceptance Facility Search Page

[SeanC]

How do you find all this stuff? I looked all over, including the State Department website and couldn't find this info. Drives me nuts.

 

The DS-5507 form I already knew, but I searched for over an hour for what the Federal government standardizes for notarization and no clear info anywhere.

Edited May 29, 2020 by SeanC (see edit history)