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Posted (edited)

Hi,

 

our case: child born abroad out of wedlock to naturalized US citizen father and foreign national mother, applied for both CRBA and US passport with local US consulate. I believe CRBA will be denied because consular officer is asking for more evidence of the 5-year US residency requirement which I don't have (even though I showed them a 10-year social security earnings record).

 

My question is, can we still get the US passport without the CRBA since we already apply for it at the suggestion of the consular officer?

 

Also, we plan to live abroad for at least 5 more years but we would like to travel to US with our child during this time, how will this be possible without CRBA or US passport?

 

thank you in advance for your help.

 

 

Edited by Ionelissy
Filed: Other Country: Germany
Timeline
Posted

If you don't fulfil the residency requirements, your only other two options are applying for a green card and get citizenship for your child through the Child Citizenship Act, or if one of the grandparents is a USC use form N-600K  and claim it through that.

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

Posted
1 minute ago, Mark88 said:

If you don't fulfil the residency requirements, your only other two options are applying for a green card and get citizenship for your child through the Child Citizenship Act, or if one of the grandparents is a USC use form N-600K  and claim it through that.

applying for a green card, is not possible only... if US citizen is currently residing in the US?

Posted
3 minutes ago, Ionelissy said:

applying for a green card, is not possible only... if US citizen is currently residing in the US?

Green cards are given to visa holders.   If the child is a citizen they get a passport.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
14 minutes ago, Ionelissy said:

I showed them a 10-year social security earnings record

Did you not have tax returns?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
1 minute ago, Ionelissy said:

I did, but still not enough I guess...

Any clue as to why they think there are issues?   Earnings / SSA printouts and tax returns are usually sufficient is the employment was in the US.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
1 minute ago, Paul & Mary said:

Any clue as to why they think there are issues?   Earnings / SSA printouts and tax returns are usually sufficient is the employment was in the US.

no clue... I guess it is a "common request" for more evidence of the residency requirement from the consular officer nowadays

 

 

Filed: Other Country: Germany
Timeline
Posted
17 minutes ago, Ionelissy said:

applying for a green card, is not possible only... if US citizen is currently residing in the US?

If CRBA is denied, your child won't be a citizen and a green card can be applied for. 

Just now, Ionelissy said:

if the CRBA will be denied, can we apply for a tourist visa for our child?

If you only want to travel to the US then yes. if you want to live there, either green card or N-600K

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

Posted (edited)
14 hours ago, Cndn said:

My husband provided 5 years of school records for the residency requirement when our daughter was born before I received my K1 visa. Can you get the same? 

no, only because I did not go to school in US, I was just working

Edited by Ionelissy
Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
11 minutes ago, designguy said:

Do you have any other records to prove your residence? Seems questionable if you donnt

Apartment lease or mortgage records while living in the US, US bank accounts, US credit cards, state driver's license records, voter registration records, car insurance, auto loan payments, utility bills while living in the US, etc., should all be submitted, assuming you have them or can get them.  Surely if you actually did live in the US for 10 years, you have some additional evidence or can request it from banks, apartments, utilities, and state governments.  You can file US tax returns and receive US-based income while living outside the US, so that alone is not sufficient evidence of maintaining US residency.

Edited by carmel34
Posted (edited)
1 hour ago, carmel34 said:

Apartment lease or mortgage records while living in the US, US bank accounts, US credit cards, state driver's license records, voter registration records, car insurance, auto loan payments, utility bills while living in the US, etc., should all be submitted, assuming you have them or can get them.  Surely if you actually did live in the US for 10 years, you have some additional evidence or can request it from banks, apartments, utilities, and state governments.  You can file US tax returns and receive US-based income while living outside the US, so that alone is not sufficient evidence of maintaining US residency.

thanks for your input, however from all the evidences that you mentioned, all of those accounts were closed long time ago, bank accounts, credit cards, utility bills, lease and I did not make a copy of them because at the time I never thought I will ever need them; 

 

I did show them my Experian credit report with all my car and credit cards payments during the 10-year period, even the addresses where I lived at

 

I don't understand why the 10-year Social Security earnings record is not enough, because they can see all my employers with addresses in US and my income with each employer for every year

 

Is it possible to request utility bill or bank statements if the account has been closed long time ago, has anyone done that?

Edited by Ionelissy
 
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