crba CRBA APPLICATION

[babyevenia 0]

Hello everyone. Hope someone can help me with this. I am a filipina and we have a 5 months old little one. I was married from a UsC by naturalization (he was been adopt by his aunt). We applied our baby's citizenship CRBA, we were interviewed and the CO notify us that based on his passport records, he didn't have the 5 years of physical presence in the US. We are lacking of 5 months to conplete the 5 years. We have 90 days to comply.but we don't know what more evidence shall we present them. Can he apply us for CR-1 instead?

[RO_AH 1,685]

"Documents that may establish your physical presence in the U.S. include transcripts from Primary, High School and/or University, Income Tax Returns and W2s, old passports, a Military Statement of Service or DD-214 Separation Statement (military members only). You can submit other documents as evidence. Please bring the original documents and a photocopy of each."

 

You should stick to having one topic on a subject. Making multiple posts just makes it confusing to all.

 

At least in this post you finally give all of the correct information so it will help in getting advice.

[babyevenia 0]

5 minutes ago, RO_AH said:

"Documents that may establish your physical presence in the U.S. include transcripts from Primary, High School and/or University, Income Tax Returns and W2s, old passports, a Military Statement of Service or DD-214 Separation Statement (military members only). You can submit other documents as evidence. Please bring the original documents and a photocopy of each."

 

You should stick to having one topic on a subject. Making multiple posts just makes it confusing to all.

 

At least in this post you finally give all of the correct information so it will help in getting advice.

Yes RO_AH. Thank you. He was been naturalized as USC on 2007. After 2010, he went back here in the philippines to study his new course which took him 6 years. ( yearly going back to US). So to sum up, he only got 4 years and 7 months of stay(physical presence) in US. 

[RO_AH 1,685]

1 hour ago, babyevenia said:

Can he apply us for CR-1 instead?

As Hank said in your other post if you are denied a CRBA your husband can file for a CR-1 for your child and you. I would still suggest that if your husband was here long enough, find a way to prove it. It will make life much easier.

[RO_AH 1,685]

Just now, babyevenia said:

Yes RO_AH. Thank you. He was been naturalized as USC on 2007. After 2010, he went back here in the philippines to study his new course which took him 6 years. ( yearly going back to US). So to sum up, he only got 4 years and 7 months of stay(physical presence) in US. 

In that case he will need to file CR-1 for both  

[babyevenia 0]

1 minute ago, RO_AH said:

In that case he will need to file CR-1 for both  

Meaning he need to file two different forms? And what about the application fee?

[RO_AH 1,685]

Sorry I was getting you confused with another poster "babydesiny" Very similar names and story...

[RO_AH 1,685]

6 hours ago, babyevenia said:

Meaning he need to file two different forms? And what about the application fee?

I am not sure on that. I'm sure someone will answer soon that has knowledge of that.

[Hank_ 9,174]

12 hours ago, babyevenia said:

Hello everyone. Hope someone can help me with this. I am a filipina and we have a 5 months old little one. I was married from a UsC by naturalization (he was been adopt by his aunt). We applied our baby's citizenship CRBA, we were interviewed and the CO notify us that based on his passport records, he didn't have the 5 years of physical presence in the US. We are lacking of 5 months to conplete the 5 years. We have 90 days to comply.but we don't know what more evidence shall we present them. Can he apply us for CR-1 instead?

If you are short of the 5 year requirement for presence in the USA before the child was born then the child is not a USC by birth.   You will want the denial letter from applying for CRBA during the interview at USEM during the visa process.

 

YES you would submit the I-130 for the child along with your I-130  (IR/CR-1 & IR/CR-2 visa)    Yes two forms, two fees... two of everything.

 

https://ph.usembassy.gov/u-s-citizen-services/citizenship-services/

Edited November 18, 2017 by Hank_

[babyevenia 0]

1 hour ago, Hank_ said:

If you are short of the 5 year requirement for presence in the USA before the child was born then the child is not a USC by birth.   You will want the denial letter from applying for CRBA during the interview at USEM during the visa process.

 

YES you would submit the I-130 for the child along with your I-130  (IR/CR-1 & IR/CR-2 visa)    Yes two forms, two fees... two of everything.

 

https://ph.usembassy.gov/u-s-citizen-services/citizenship-services/

How long will it possibly take for us to have the visa on hand?

[Hank_ 9,174]

6 minutes ago, babyevenia said:

How long will it possibly take for us to have the visa on hand?

Usually 9 - 12 months from the start of filing the petition with USCIS.

[babyevenia 0]

9 hours ago, Hank_ said:

Usually 9 - 12 months from the start of filing the petition with USCIS.

My parents in law told me,our child will be granted as USc once she gets to US. Is it true? And are we going to still wait for the consular officer from the embassy to send us a notice that the CrBa application for our child was being denied before we apply the CR-1

[Hank_ 9,174]

21 minutes ago, babyevenia said:

My parents in law told me,our child will be granted as USc once she gets to US. Is it true? And are we going to still wait for the consular officer from the embassy to send us a notice that the CrBa application for our child was being denied before we apply the CR-1

No, not true.   If your child was a USC  you could complete CRBA .   Once in the USA you will both have green cards and be LPR  Legal Permanent Residents.  After 3 years you will apply for citizenship and your child will obtain citizen at that time also.

 

You already know your husband is lacking for presence in the USA for 5 years?    If you want to wait for the official word, that is up to you, .    You will need the denial letter later when you complete the interview.   As for filing the I-130s .. that is your decision if you wait or not.

 

 

Edited November 19, 2017 by Hank_

[babyevenia 0]

On 11/19/2017 at 8:27 AM, Hank_ said:

No, not true.   If your child was a USC  you could complete CRBA .   Once in the USA you will both have green cards and be LPR  Legal Permanent Residents.  After 3 years you will apply for citizenship and your child will obtain citizen at that time also.

 

You already know your husband is lacking for presence in the USA for 5 years?    If you want to wait for the official word, that is up to you, .    You will need the denial letter later when you complete the interview.   As for filing the I-130s .. that is your decision if you wait or not.

 

 

As anyone tried appling for the K3 visa? Is it much quicker than the i-130 '/CR-1a? What are the requirements for the application for me and our child

[Cyberfx1024 7,980]

38 minutes ago, babyevenia said:

As anyone tried appling for the K3 visa? Is it much quicker than the i-130 '/CR-1a? What are the requirements for the application for me and our child

You can try to apply for it but honestly they are rarely granted and pretty much obsolete, the USCIS only granted 120 of them last year for the entire world. What happens usually is people apply for the K3 visa is reverted to the CR1/IR1 visa. So go ahead and try it but don't be surprised if it takes 1 year.