US Born Citizen living in Canada wanting to return to US with non-citizen family

[newacct 688]

Read through and you will see that your kids will need proof of US citizenship to apply for a US passport. You will need the CRBAs. Without the CRBAs, you have no proof that your kids are US citizens.

A CRBA is not necessary to get a passport. (If that were the case, US citizens born abroad who never had a CRBA gotten for them while under 18 cannot apply for a US passport because CRBAs cannot be issued after the child turns 18?) The same evidence that is used to apply for a CRBA is evidence of US citizenship for the purposes of applying for a US passport. There was a thread on VJ one or two weeks ago where someone brought their young kids to the US without getting a CRBA and everyone advised them to just get a passport directly.

However, I believe that if they are applying from the same country where the kids are born, and the kids are still under 18, CRBA and passport applications usually go together.

[macnine13 0]

Hi new acct, did you notice the excerpt i posted from the passport application? It requires the CRBA OR (and or is in bold) their birth certificates and proof of my citizenship in terms of residence. It doesn't make sense to do the CRBA and have to be in attendance at the local consulate and then do the same thing again for the passport. It looks like the same information to me. I will phone the consulate on Monday to find out what they suggest/require. And hopefully i can do this in Vancouver and not Montreal.

[EM_Vandaveer 2,370]

Hi new acct, did you notice the excerpt i posted from the passport application? It requires the CRBA OR (and or is in bold) their birth certificates and proof of my citizenship in terms of residence. It doesn't make sense to do the CRBA and have to be in attendance at the local consulate and then do the same thing again for the passport. It looks like the same information to me. I will phone the consulate on Monday to find out what they suggest/require. And hopefully i can do this in Vancouver and not Montreal.

Even if you apply for CRBAs you can apply for those & passports at the same time. You don't have to go there twice.

[kris&me 572]

125 % of poverty guidelines for 2016 is $45913

this is the site to check

https://www.google.com/?gws_rd=ssl#q=125+poverty+guidelines+2016

[EM_Vandaveer 2,370]

125 % of poverty guidelines for 2016 is $45913

this is the site to check

https://www.google.com/?gws_rd=ssl#q=125+poverty+guidelines+2016

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

$40,725 for a family of 6 (unless living in Alaska or Hawaii).

Edited July 16, 2016 by EM_Vandaveer

[Cathi 5,616]

1) check the embassy's website https://ca.usembassy.gov/visas/family-immigration/ they say immigrant visas are processed in Montreal

2) better to apply for their citizenship before.

3) the non us citizens can certainly visit, but not with the intention to stay and adjust. Do the right thing and don't try to twist the meaning and words to your personal agenda. It is fraud to come to the USA without a immigrant visa and with the intent to stay and adjust

Go file the i130 for your wife and get your children us citizenship. start planning and researching.

Good luc

the children are already citizens. All they need to do for them is file CRBA

[p-ana 933]

the children are already citizens. All they need to do for them is file CRBA

I didn't know the correct acronym, so I wrote citizenship, sorry

[NikLR 13,220]

Thanks NLR. Do you think I could get started applying the petition for my wife now while I simultaneously take care of my kids citizenship or will i probably need to do that afterward I get their passports so we can identify on her petition that they are US citizens?

CRBA's do not take that long, go ahead and start them ASAP and the petition for your wife as well. Hers will take much longer than theirs. Their CRBA interviews can be done in Vancouver. I gave you a link which has an appointment link on it and the Vancouver and Calgary consulates do CRBA interviews. You can also start the process and continue to work in Canada while it's going on until closer to the end. Eventually you will need to reestablish domicile in the USA. In many countries, you only have to show you are planning on reestablishing domicile. But for a Canadian beneficiary interviewing in Montreal, you pretty much need a place to live, the kids signed up for school, and preferably a job. Montreal is just strict about this issue and the visa will not be granted without it. If they are not satisfied at interview you will need to submit more information. Montreal can be decently quick about this (about 2 weeks) or very slow (8+ weeks). The medical she will have will give the visa a validity for 6 months past the medical date. The police certificate is valid for 1 year after obtaining it. If either of these expire before the visa is granted she needs to acquire new ones. Since the medical is not cheap (~$300) it's not something you want to repeat if possible

Also to note there was a person who brought their USC child to the USA as a citizen from another country. This was illegal as a USC must legally enter and exit the USA as a USC. They're having a heck of a time trying to figure out how to confer their citizenship to their child because they never bothered with the CRBA. They actually have to go to an official passport office to apply for the passport with some very specific documentation.

You don't need the kid's passports to identify them as USC for the I-130. It asks for COUNTRY OF BIRTH not citizenship of her children.

Edited July 17, 2016 by NLR

[jan22 2,901]

One piece of unsolicited advice -- while you technically do not need to get the CRBA and could apply directly at the consulate for a US passport, there are some advantages to spending the extra $100 per child to apply for the CRBA. You will need to compile all of the documentation needed to apply for the CRBA in order to apply for the US passport anyway. You can apply for both the CRBA and the passport in Vancouver.

While a CRBA is not actually a birth certificate (it is, rather a citizenship document that attests to the fact that the child was a US citizen at birth), it is often accepted in the US in lieu of a birth certificate, as it contains the parents' name, etc. that a birth certificate has. Easier to submit to schools, etc. when asked for a birth certificate. Also, without it, you will always need to keep the passport current and submit the passport for anything that requires documentation of citizenship -- easier to submit one page that a booklet that isn't the same size as the papers you are working with.

Edited July 17, 2016 by jan22

[Shauneg 762]

One piece of unsolicited advice -- while you technically do not need to get the CRBA and could apply directly at the consulate for a US passport, there are some advantages to spending the extra $100 per child to apply for the CRBA. You will need to compile all of the documentation needed to apply for the CRBA in order to apply for the US passport anyway. You can apply for both the CRBA and the passport in Vancouver.

While a CRBA is not actually a birth certificate (it is, rather a citizenship document that attests to the fact that the child was a US citizen at birth), it is often accepted in the US in lieu of a birth certificate, as it contains the parents' name, etc. that a birth certificate has. Easier to submit to schools, etc. when asked for a birth certificate. Also, without it, you will always need to keep the passport current and submit the passport for anything that requires documentation of citizenship -- easier to submit one page that a booklet that isn't the same size as the papers you are working with.

All very good points, CRBA is not necessary but you've brought legitimate reasons into the discussion to get it. I think op would be wise in this case to go ahead and get the crba.

[macnine13 0]

Didn't realize you can only post 10 a day so haven't been able to respond until now.

Thanks everyone for your responses, they have been helpful. I will take your advice and apply for the CRBA at the same time I apply for passports.

NLR

Are you sure about the kids needing to be signed up for school? Was this your experience? This just won't be possible as even if I go ahead of the family, the kids will stay back with my wife until she gets her visa. Why would they make such an unreasonable request? I guess I understand the need for the job and place to live which I plan on having before we move anyway, but the kids signed up for school just might not be a possibility.

Why are they so strict in Montreal? Is that a lot of people's experience on here?

What do you mean that "Montreal can be decently quick about this, or very slow"? You mean when they request additional information? Why don't they ask for that information in the initial process of documents they request?

Also, I have already brought my kids to the states as Canadian citizens while traveling as visitors. Does this matter to your last paragraph? They are obviously Canadian citizens and have been since birth. I realize you are supposed to enter the country with whichever passport is for that country when you have dual citizenship. Is that all you are meaning?

Thanks for your help!

[NikLR 13,220]

Didn't realize you can only post 10 a day so haven't been able to respond until now.

Thanks everyone for your responses, they have been helpful. I will take your advice and apply for the CRBA at the same time I apply for passports.

NLR

Are you sure about the kids needing to be signed up for school? Was this your experience? This just won't be possible as even if I go ahead of the family, the kids will stay back with my wife until she gets her visa. Why would they make such an unreasonable request? I guess I understand the need for the job and place to live which I plan on having before we move anyway, but the kids signed up for school just might not be a possibility.

Why are they so strict in Montreal? Is that a lot of people's experience on here?

What do you mean that "Montreal can be decently quick about this, or very slow"? You mean when they request additional information? Why don't they ask for that information in the initial process of documents they request?

Also, I have already brought my kids to the states as Canadian citizens while traveling as visitors. Does this matter to your last paragraph? They are obviously Canadian citizens and have been since birth. I realize you are supposed to enter the country with whichever passport is for that country when you have dual citizenship. Is that all you are meaning?

Thanks for your help!

Signed up is not attending. Montreal is strict about domicile because we share a gigantic border with the USA. It's right there. The DOS doesn't care that you don't want to be separated and don't care how it affects your family. They care about the USC having a place for the beneficiary to live and an ability to support them. This isn't overseas where trying to reestablish your domicile is more difficult. That doesn't mean you have to be there constantly, but you need certain things in place for the visa to be granted. Present adequate information before and at the interview when the initial decision is made, and don't worry about sending in extra documents if you haven't done enough. In my observations on the forum at least, the USC spouse must be living in the USA before the visa will be granted. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

The USA does not recognize dual nationality. It allows it, but does not recognize it. https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

No I mean they are supposed to enter the USA as USC. With a passport or CRBA or birth certificate.

Edited July 18, 2016 by NLR

[macnine13 0]

"and don't worry about sending in extra documents if you haven't done enough." What do you mean by this?

Yes, I know of the issue of not recognizing but acknowledging.

We can live with my parents if we have to so domicile isn't a problem. And they can support if need be too. I still would rather find a job first obviously.

Thanks for your help, I appreciate it.

[NikLR 13,220]

"and don't worry about sending in extra documents if you haven't done enough." What do you mean by this?

Yes, I know of the issue of not recognizing but acknowledging.

We can live with my parents if we have to so domicile isn't a problem. And they can support if need be too. I still would rather find a job first obviously.

Thanks for your help, I appreciate it.

What I mean is, if the CO is not satisfied that you have established your domicile enough, they will request more documents after the interview. Generally speaking, Montreal takes anywhere from 2-10 weeks to process the documents after they receive them. If they feel you have satisfied the requirements, then they will grant a visa.

Read the domicile thread and any other Canada forum threads regarding domicile. I'm not kidding when I say this is the biggest issue for people. Just having a letter saying you will be living with your parents will NOT cut it.

[macnine13 0]

The link you posted of the other forum discussion looks to state you can prove domicile from outside of the US as long as you can prove intent to move. That's helpful to know.