CRBA Denied and Husband's Petition Approved- How can we leave our children back?

[Expat1 971]

If you are a USC why aren't you kids also USC? (know nothing about this, I just thought that they would be us too since their mom is?)

It isnt automatic. There is a physical presence requirement (you have to prove you were physically present in the US) of 5 years, two of them have to be when you were over age 14. If you dont have proof of that, your children do not get citizenship.

Our daughter was born overseas, I had to use school transcripts, old passports to show I was in the US (in my case i showed I renewed a 1974 passport in 2006 LOL) so that along with things like college transcripts, etc had to be submitted as evidence.

Unfortunately there is no help. This was very, very poor planning and the USC has to either move to the US before or accompany the beneficiary with the IR1.

Edited December 24, 2015 by Expat1

[Expat1 971]

ya, thanks aaron2020, please suggest what should i do? I 130 would take much long....and my son is very close with his dad? should i go for b2? or someother option?

But i told that my husbands petition has been approved in November and he has to go before april

Thats not true. He has background and medical to pass, then has 6 months to leave after the visa is issued.

You can stretch it out for a long time.

[Alaska2012 462]

Op says in her first post that her husband's visa has been issued

[Cathi 5,897]

Thats not true. He has background and medical to pass, then has 6 months to leave after the visa is issued.

You can stretch it out for a long time.

If you were to read the original post, husband's visa has already been issued

[Jawaree 719]

OP send your husband in to activate his residency (have family member host him

upon getting his GC he can come back to be with you for some time (don't let

him stay there more than 11 mths, then return to the US while you await the

petition you should file for the kids ASAP & get your husband here by March if

you lived 5 yrs outside the US prior to kids birth, although a citizen, then you must

petition children born to you outside the US...an expedite ay not be fast enough &

I would not try delay my spouse entry

[NCMom 0]

Can you see if your Consulate will offer a DCF expedited?

Edited December 24, 2015 by NCMom

[NikLR 13,235]

OP send your husband in to activate his residency (have family member host him

upon getting his GC he can come back to be with you for some time (don't let

him stay there more than 11 mths, then return to the US while you await the

petition you should file for the kids ASAP & get your husband here by March if

you lived 5 yrs outside the US prior to kids birth, although a citizen, then you must

petition children born to you outside the US...an expedite ay not be fast enough &

I would not try delay my spouse entry

OP must accompany her spouse at least the first time.

[HFM181818 750]

B2s are out of the question, as it will be more than obvious that the kids will not be departing the US after admission.

If you don't have sufficient evidence of physical presence (and it sounds like you don't, because you have not been whining enough, pointing out credible evidence you might have), a senator or congressman cannot change that simple fact.

Tax returns do not demonstrate physical presence, as these are often filed by Americans living overseas.

Letters from some 'neighbor' attesting to the 'fact' that you have been living next door to him or her are pointless.

You will need substantial evidence of physical presence, not hearsay evidence, letters from attorneys or an old, coffee-stained electric bill.

Otherwise, your case will be on hold, so to speak, at least as far as the children are concerned.

[Pitaya 2,580]

Welcome to the forum.

[Expat1 971]

If you were to read the original post, husband's visa has already been issued

I caught the approved petition but missed the issued visa. My bad.

Parents go to the US and activate the GC and then return to await the children's visa.

Might be their only choice

Once they establish a home and the green card comes in they can return and stay with the children while the petition is being processed.

Edited December 25, 2015 by Expat1