Hi, all -
First time posting, but a big question here. Just married a wonderful Chinese woman. Made the terrible mistake of looking at the USCIS website when deciding if to get married in China or the US and read about the K3 visa for a spouse where the spouse can come to the U.S., apply for immigration status, and then live with the citizen spouse until the application is processed (10-18 months). The waiting time for a K3 visa was listed as about 3-4 months. Since we were in love and in a hurry, we got married in China on the faith that the USCIS website was accurate about the K3 visa. It was not. The USCIS does not offer K3 visas anymore and makes all spouses go through the full process of immigration. So now we must wait a year or longer for my wife to come to America. She cannot even visit because the USCIS will not issue her a travel visa (terrible and cruel).
So, I don't want to repeat my mistake of trusting the USCIS website and not researching my question by going to the message boards. Here's the deal ... we want to start a family. But she cannot come to America for at least a year. If we choose to get pregnant and are quickly blessed, she will have the baby in China. I am looking for anyone who has been through the process of a Consular Report of Birth Abroad (CRBA) and was trying to immigrate to America.
There seems to be a lot of documentation needed in order to prove physical presence of the U.S. citizen (me) in the U.S. for at least 5 years after the age of 14. Plus the following:
1. The child’s original Chinese birth certificate and a clear, high-resolution photocopy of it;
2. Passports or other proof of their citizenship and identity (required for both parents) of the child’s
parents. Please also bring clear and high-resolution photocopies of the documents;
3. Original or certified copy of parents’ marriage certificate and a clear, high-resolution photocopy of it;
4. Evidence of the U.S. citizen parent’s physical presence in the U.S. This applies if only one parent is
U.S. citizen, see details below;
5. One recent 2 inches by 2 inches (5×5 cm) photo (see photo requirements);
6. The following unsigned application forms: Consular Report of Birth Abroad application DS-2029 (PDF
104 KB), U.S. Passport application DS-11,
Note: For DS-11 – enter zeroes in the SS# box. After you fill out the application online, print it, and
bring it with you the day of your appointment.
7. Prenatal and hospital birth records, pictures of the child’s growth and mother’s pregnancy;
8. Both parents’ proof of termination of all previous marriage(s), if relevant; and
Fees- USD 100 for a Consular Report of Birth Abroad (CRBA) and USD 115 for a passport.
My questions are:
1. Has anyone done this?
2. How difficult was it to prove physical presence? What were the requirements?
3. Did the birth abroad (CRBA) affect the I-130 immigration application process? i.e. did a successful
CRBA speed up the process or allow a visa to be issued to bring the spouse to America and stay with
the husband?
4. Has anyone experienced or heard of a CRBA being denied and it delaying the I-130 application? The
baby must have a valid passport and Chinese visa to leave China and enter the U.S.
5. Is there advice from someone with experience. Pitfalls to avoid, things to make the process go
smoothly? Any suggestions for a better forum?
Appreciate the help!
Frank