Ask the Consul
K1 or K3 Fiancee and Spouse Cases for Couples with Common Children Born in the Dominican Republic
I am an American citizen petitioning for my spouse or
fiancée (K3 or K1 case) and we have a joint child born in the Dominican
Republic. How will this influence our case?
U.S. law requires that a U.S. citizen, including dual
citizens, enter the U.S. with their U.S. passport, which means the consular
section cannot place a visa of any type in the passport of someone who we
believe may qualify for U.S. citizenship. A final decision whether or not the
child qualifies for citizenship can only be made in the American Citizen
Services (ACS) section of the U.S. Embassy. In order to transmit citizenship to
the child, the American citizen parent must have been in compliance with the
citizenship transmission requirements (which can be found at
http://santodomingo.usembassy.gov/Consular/ACS/what_is_crba-s.htm) at the time the
child was born. K1 or K3 couples whose child may qualify for U.S. citizenship
but do not bring the CRBA (Consular Report of Birth Abroad) or documentation
from the ACS section regarding that decision will receive an open appointment to
return to their interview once the child’s process is complete. This can be a
source of delay and frustration, so we recommend that couples who believe their
child may qualify complete the citizenship process for the child prior to their
visa interview. If the child did not qualify for US citizenship, he or she can
generally be added to K3 and K1 cases as a dependent. |
