CRBA: How oro prove that USC has been int the states for five years

[KendrickPaula 2]

so this year 2013 i will be filing CRBA for my baby. regarding the five years stay in the U.S so my fiance needs like proofs like schol records works and whatsoever. so from 2008-2012 records of stay am ir right?do i need to collect everything from that year?

[newacct 688]

You probably need much more than 5 years because they are very picky. School records only account for the dates when school is in session. Any records that can fill in the blanks are good. Hopefully you have been physically present in the U.S. (at any time in your life, for any duration, in any status) for more than 5 years before the baby's birth?

[NikLR 13,220]

*** moved to CRBA forum from K1 process and procedures ***

[PreciousOne 4]

the best proof that you could show is your old passport regarding the 5 yrs stay in US.

[Mark88 183]

Unless you can really show rock solid five years, be prepared to show more like 10 years, because they bump off a couple months a year.

[Penguin_ie 5,986]

Lease agreements. work contracts, tax filings as resident....

[sjr09 155]

Unless you can really show rock solid five years, be prepared to show more like 10 years, because they bump off a couple months a year.

This is rubbish and inaccurate.

[Ozz777 23]

I showed 3 years worth of W2's and my high school transcripts, they didn't take anything off for months not in school or anything else. That was at the Melbourne consulate in Australia, not sure if its different in other countries. Also, we are married and were married before he was conceived, not engaged.

Edited July 22, 2013 by Ozz777

[Penguin_ie 5,986]

I think it depends on the individual circumstances. A recently naturalised parent would likely have a harder time than a US born parent.

I admit we were unprepared for the CRBA interview- my husband lost his boxes of stuff when he moved over to me in Ireland, they never arrived, so he didn't have his college transcripts or anything, and we didn't think about tax transcripts. But he is a white male with a deep Southern drawl, and after a few questions, they approved us with nothing but his birth cert and a expired drivers license for proof..

[Mark88 183]

This is rubbish and inaccurate.

It is not, it's exactly what happened to us. We showed the CO 10 years of evidence and the CRBA still was denied.

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/

[KendrickPaula 2]

It is not, it's exactly what happened to us. We showed the CO 10 years of evidence and the CRBA still was denied.

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/

why was it denied?

[Mark88 183]

why was it denied?

You can read about the reasons here (see --Child Report of Birth Abroad and it's denial--)

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/

[Jozin 2]

I applied for my US Passport, as a child born abroad, last week. My mom is a USC, born and lived there until she was 13. Under regular circumstances, I would not be able to claim Citizenship through her, except that she had me out of wedlock, so the requirement was that my mother had to have 1 year spent living in the US, prior to my birth.

While we were at the consulate, the officer said that we needed a full year consecutively that my mother was living in the states, any time taken out for trips/vacation out of country basically reset the timer for 1 year. She asked about my mothers birth and time spent after that, which my mother hadn't been taken outside of the states until she was 2 (vacation). She said that because she was living in California, and not a border town, that she was assured that there was no travel outside of the states, and my mom had fullfilled the requirement of 1 year, as a baby. She was really trying to avoid going through school records, because they don't show constant residency, a lot of people vacation through summer.

A lot of documentation was needed, official photostatic birth records for both my mother and myself, a marriage certificate to track name changes, photo ID for both of us, divorce decree. Amusingly, we didn't need the piles of documentation we brought to prove my mom went to school and lived there.

I have two younger brothers, and they both were not born US Citizens due to having been born in wedlock, and my mom not having spent enough time living in the states prior to their birth. My circumstance was very unique.

[sjr09 155]

Unless you can really show rock solid five years, be prepared to show more like 10 years, because they bump off a couple months a year.

This is rubbish and inaccurate.

It is not, it's exactly what happened to us. We showed the CO 10 years of evidence and the CRBA still was denied.

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/

Each case is different, no one size fits all.

The burden of proof “physical presence requirements” is on the person making such claims. The consular determined for what ever reason, you did not accrue sufficient physical presence in the U.S. to transmit citizenship. Perhaps in reading “Our Story” (link above) the time, “I did spend a lot of time as a child and teenager abroad through my parents work.” effected the decision? Further more if you parents work for the U.S. government/military as a government/military dependent, ‘you’ your time may NOT be computed as physical presence in the U.S.) if my memory is correct? Anyway your post I commented on is inaccurate, and not how the law works.

Edited July 24, 2013 by sjr09

[sjr09 155]

I showed 3 years worth of W2's and my high school transcripts, they didn't take anything off for months not in school or anything else. That was at the Melbourne consulate in Australia, not sure if its different in other countries. Also, we are married and were married before he was conceived, not engaged.

For the above in bold,correct, as this is how it works for school transcripts. If your high school transcripts show four years it simply translates four years, I only showed my passport, birth cert. and school transcripts,@ USEM they did not ask for any tax returns, as they can be disputed. Non the less I would recommend having them, the more arrows in your quiver the better.

I always recommend high school transcripts they show part of the needed timeline “physical presence in the U.S. to transmit citizenship.” And are very difficult for the CO to dispute.

Edited July 24, 2013 by sjr09