Proving 365 days continuous physical presence as an infant

[WorriedInEngland 0]

Hi there,

I live in England but was born in the US. I have been looking into how to transmit my US citizenship to my future children. My fiance is not a US citizen and I know if we marry then I need to have spent 5 years in the USA, 2 of which need to be after my 14th birthday, for my kids to be US citizens - I have not done this. My parents and I moved to England just before I turned 4, and I have been back for only a year since.

However, I know that if I am unmarried when I have my children then I only need to have spent one continuous year in the USA to transmit my citizenship. This I have done, but it was when I was around age 2-3. I know this because my Mom kept meticulous calendars from the early 1980s onwards, which came to me when she passed away earlier this year. She was a US citizen (but lived here, there and everywhere) and my Dad is British.

I have all my US passports, including from when I was a baby - but not all my dates of entry/exit have been stamped, and in fact the last stamp in my infant passport, when I was 1 year old, shows me leaving the US but there is no stamp showing my returning (though I did). So I doubt these are sufficient.

I have just submitted a FOIA request for my entry/exit dates during that period of my life, and I have also contacted the embassy to ask if CBP entry/exit records would be sufficient to prove I was physically present in the US between the dates listed on it. I am assuming they will be strict and say no, which is why I am here.

How on earth can I prove I was there as an infant, and for 365 straight days? I obviously have no school records, work records, tax records...

All I can think of is as follows: I can try (!) to obtain my medical records from my pediatrician (side note: should I contact him directly, or the clinic at which he was working? He has since moved), I can contact my Mom's orthodontist who treated her during that period and ask if he will send me her medical records (unlikely since she cannot consent to that), and I can also ask my Dad to request his old tax returns from the IRS (we are talking about 1990-1992), which should list me as a dependent; I've found this which looks like it might be what I need: http://www.irs.gov/pub/irs-pdf/f4506t.pdf

I guess that the above would prove I was living there, and then the entry/exit records would prove that I didn't leave during the 365 day period?

I would really appreciate any advice or suggestions from anyone who has had to do something similar - I am wondering if my plans are sufficient, or if there is anything better/easier anyone can think of. My Mom would probably have known exactly where to find all the stuff I need, but without her I am really lost! Thanks so much to anyone who can help.

Best wishes x

[Mark88 183]

You are jumping the gun a little. If I were you I would just go to the embassy/consulate and apply for the CRBA with the evidence you have at the moment. They will then give you more information on what you need. This will be the easier thing and you will then know how they will handle your case and which information they still require from you.

But one thing is for sure: If you can't provide them with enough evidence (and that is not that easy), they will deny the CRBA. This post might help you in that case:

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/

[WorriedInEngland 0]

You are jumping the gun a little. If I were you I would just go to the embassy/consulate and apply for the CRBA with the evidence you have at the moment. They will then give you more information on what you need. This will be the easier thing and you will then know how they will handle your case and which information they still require from you.

But one thing is for sure: If you can't provide them with enough evidence (and that is not that easy), they will deny the CRBA. This post might help you in that case:

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/

Thanks for the advice!

I should make it a bit clearer - we don't have a child yet! We are hoping to have a baby next year. I just want to make sure I have all the required documentation in advance, so that the CRBA will be granted hassle-free when the time comes. If there is a risk of the CRBA being rejected we will reconsider all our plans and try to move to the USA to have our kids (we are planning to move back at some point anyway) so as to ensure their citizenship.

I did actually already see that post, and it was quite concerning because that guy has a lot more evidence than I do - he had his own school records, business records, tax returns etc, and his CRBA application still got rejected. The alternative route he took - using his wife's green card and her time spent in the US - wouldn't work for me either as my fiance doesn't have a green card and has never lived in the US.

I am hoping that my Dad's tax returns, my passports, and my CBP entry/exit records will be sufficient - these are the easiest to get so I guess I will try with these to start with and see what the embassy say.

[Mark88 183]

If you can afford moving to the US to have the children (i.e. health care coverage) that will be the easiest way.

However you do have some more options (i.e. NA-3, N-600 or IR-2) if the CRBA doesnt work. But it will depend on when you have the baby, you're martial status etc...

Btw, that guy with more evidence than you, and who had all the problems, that was me

It was my post I was refering you to.

[WorriedInEngland 0]

If you can afford moving to the US to have the children (i.e. health care coverage) that will be the easiest way.

However you do have some more options (i.e. NA-3, N-600 or IR-2) if the CRBA doesnt work. But it will depend on when you have the baby, you're martial status etc...

Btw, that guy with more evidence than you, and who had all the problems, that was me

It was my post I was refering you to.

Oh my, that's embarrassing, I hadn't realized it was you - sorry!!

Yeah, we are hoping that it will be an option to move over there - my fiance works for an American company here in London and he has already discussed with his boss here the possibility of a transfer to NC. Sadly we may well not stay in the US forever (likely just a year or two) as my fiance feels that he will be too far from his family in southern Europe, and I don't know if only living there for a short period will affect our options. I will look into the ones you suggested - thanks so much again!

[US <3 IND 53]

There was a new Supreme court ruling this year in June concerning the transmission of US citizenship to children born outside the US. This will be very important to keep an eye on for anyone looking for CRBA.

 

http://www.washingtonexaminer.com/supreme-court-rules-granting-citizenship-based-on-gender-is-unconstitutional/article/2625676

[jan22 2,898]

For children born out-of-wedlock to a US citizen mother after June 11, 2017, the requirement is now the same as for fathers, i.e., 5 years 2 of which were after the age of 14.  

[milimelo 4,196]

I'd call this cart before the horse. Get married, file for your husband and move to the US if he can't get company transfer for work visa. Good that you're planning for kids but don't solely focus on that. 

[Mayoosh 0]

Hey! So what ended up happening with u? Did u get the citizenship for ur child? I'm going through the same thing at the moment 

[TBoneTX 43,058]

The original poster of this thread hasn't logged on to VJ since January 2016, so a response is unlikely.

[WorriedInEngland 0]

Hello everyone, I am back! I received an email notification about replies on this topic.

 

In the end, I couldn't get anywhere with this so I just gave up and followed milimelo's advice. I got married, I applied for and was offered a job in the US,  got my husband a Green Card, and as of August we are now US residents!  Next is kids!

Edited October 26, 2017 by WorriedInEngland