CRBA is mandatory? Help Please!

[pangag238 0]

Hi, I filed petition I-130 for my child in 2012, when he was 3 years old.

The process took longer than usual because we have some problems with NVC, them wanting us to submit i864w.

After the lengthy process with NVC, they finally sent a letter for my son's interview.

My son then have the medical and proceed with interview.

On June 08 2015, my son was accompanied by his Grandpa. The embassy ask them, how long is the parent been US citizen when the child was born?

Due to my stupidity by not going through it, Grandpa doesn't know. He told the consular that I've been in USA for more than 10 years, which is right.

The consular ask them to file CRBA instead of proceeding with the original process.

I check the form and found out that I don't meet the minimum requirements for physical presence.

I've only been in USA 4 years and 9 months exactly when my son is born.

My physical presence in USA is even less, since I took 4 vacation to Philippines for total of 1 year and 1 month.

I schedule them again to appointment on June 23 2015.

They ask the embassy to go through the original process since I don't meet the minimum requirement.

The consular told them that we must file the CRBA no matter what.

They even have copy my passport showing that I don't qualify for CRBA due to lack of physical presence.

So I'm wondering, is CRBA mandatory for US citizen child filing I-130, even knowing we don't meet the minimum requirements?

I would appreciate any response.

[Penguin_ie 5,986]

No, CRBA is only mandatory if you qualify for it. It sounds like the CO either doesn't know the law, or cannot count.

[pangag238 0]

Thanks Penguin! Can you link me to the law your talking about? What should I do now since manila embassy insist of me filing CRBA? I tried to call manila embassy but they only have call center agents for setting up appointments. I've done calling NVC but the case is out of their hands. Should I just file fore CRBA knowingly that it's going to fail? Thanks again

[Penguin_ie 5,986]

Yeah it is here:

http://photos.state.gov/libraries/manila/1169655/carismaes/Citizenship%20-%20CRBA%20Checklist%20for%20MANILA%20applicants%20-%20Revised%202014%20November_002.pdf