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looniepie

If I don't qualify for the CRBA physical presence requirement, whats my next step?

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I’m a US citizen and my husband is a Philippine National. I’ve lived here since I was 13 years old and after looking through my old passports, found that don’t qualify for the physical presence requirement. 

 

I’ve read people’s suggestions that a grandparent’s physical presence in the US may be used for this requirement? Both of my parents (alive) were US citizens before I was born and I was also born in the US and have stayed way longer than I have. If this is allowed, what should I do? Apply for a CRBA anyways? I haven’t actually read any stories of people going through this route.

 

If a grandparents physical presence won’t work, do I still apply for a CRBA just to get rejected? I’ve read about a n-600 form but am honestly confused about the mechanics of it.

 

We want to relocate to the US permanently as soon as we are allowed to but as a family. I’m apply for my husbands I-130, should I do the same for my daughter? Also, my husband may be sponsored for a work visa in California. If that pushes through, would it be allowed (and/or easier) to work on his immigrant visa or green card while in the US?

 

If you can, please specify the form names w/ their perspective codes because all of it can be a bit confusing to me. 

 

Thank you so much for any help or feedback! 

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Posted (edited)
11 hours ago, looniepie said:

I’ve read people’s suggestions that a grandparent’s physical presence in the US may be used for this requirement? Both of my parents (alive) were US citizens before I was born and I was also born in the US and have stayed way longer than I have. If this is allowed, what should I do? Apply for a CRBA anyways? I haven’t actually read any stories of people going through this route.

You can either go the N-600 or I-130 route for your child. A story can be found here:

 

11 hours ago, looniepie said:

If a grandparents physical presence won’t work, do I still apply for a CRBA just to get rejected? I’ve read about a n-600 form but am honestly confused about the mechanics of it.

 

You will have to apply for CRBA enable to get a letter of danial. Once you have this, you can go one of the other routes.

 

11 hours ago, looniepie said:

We want to relocate to the US permanently as soon as we are allowed to but as a family. I’m apply for my husbands I-130, should I do the same for my daughter? Also, my husband may be sponsored for a work visa in California. If that pushes through, would it be allowed (and/or easier) to work on his immigrant visa or green card while in the US?

 

 
An immigrant visa will always be easier, safer and more reliable than a work visa. Also apply together with your husband and child. So wait until you sorted out the citizenship status of your child until you do anything. It will be easier applying together than sorting it out at the end. 
Edited by Mark88

It's amazing how many questions can be resolved with a 2 minute Google search...

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Posted (edited)

*self deleted - reading could have been incorrect*

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, geowrian said:

Well, not really "either" as the individual either is or is not a US citizen, and an I-130 cannot properly exist with a US citizen beneficiary.

Although as you noted, one may need to go through the process of determining if they are a USC or not first.

 

It is either. Either the child qualifies because the grandparents fulfilled the physical presence requirements, or she can file an I-130 for her child. Both will lead to the same result of the child receiving citizenship. Which route is chosen, is up to the OP.


It's amazing how many questions can be resolved with a 2 minute Google search...

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18 minutes ago, Mark88 said:

It is either. Either the child qualifies because the grandparents fulfilled the physical presence requirements, or she can file an I-130 for her child. Both will lead to the same result of the child receiving citizenship. Which route is chosen, is up to the OP.

Right - I misread what you meant by "either" as in it was a choice (inclusive OR). I edited my comment as I can see the other reading (exclusive OR).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)
On 8/18/2019 at 2:40 PM, Mark88 said:

An immigrant visa will always be easier, safer and more reliable than a work visa. Also apply together with your husband and child. So wait until you sorted out the citizenship status of your child until you do anything. It will be easier applying together than sorting it out at the end. 

Hi! Thank you so much for your reply.

 

Do you mean I should apply for my husband's immigrant visa and my daughter's CRBA at the same time?

Edited by looniepie

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On 8/18/2019 at 2:40 PM, Mark88 said:

You will have to apply for CRBA enable to get a letter of danial. Once you have this, you can go one of the other routes.

Since I know that I don't meet the qualifications for the CRBA, is it possible to just skip it completely? It just seems like a waste of $1k if I know I'm going to be rejected. 

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1 hour ago, looniepie said:

Do you mean I should apply for my husband's immigrant visa and my daughter's CRBA at the same time?

 

First the CRBA to get a letter of denial, then apply for the immigrant visa(s).

 

1 hour ago, looniepie said:

Since I know that I don't meet the qualifications for the CRBA, is it possible to just skip it completely? It just seems like a waste of $1k if I know I'm going to be rejected. 

 

The CRBA cost 100$, not 1K$.

https://il.usembassy.gov/u-s-citizen-services/child-family-matters/birth/fees/

 

Inable to apply for an immigrant visa for your child, you will need the letter of denial. Just don't apply for the passport at the same time to save that money.


It's amazing how many questions can be resolved with a 2 minute Google search...

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