Proof of Physical Residence as a Baby

[iCodeClean 20]

Hi everybody,

 

Our son has the right to get the U.S. citizenship, since my wife was born in the US and is a US citizen. Her father still lives in the US and is also a US citizen. Our son is now 12 years old and was born in Germany. Therefore my wife has to proof, that she resided for at least 365 consecutive days in the US before our son was born, in order for him to get the USC.

 

After my wife was born, she lived for at least 2 years in the US (she left when she was about 2 1/2 years old).

 

On the page https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/birth/proof-physical-presence/ we saw some examples of proof, but the problem is that none of them apply to my wife, because she was so little.

 

Does anyone have an idea how we could proof that alternatively or where we could get papers confirming it?

 

We want to move to the US and my wife already filed a i130 for me. We thought it’s not necessary for our son, but just today we found out that we might have to file the i130 for him too. The problem is that the page said you should only file the i130 for the child, if the child cannot be a US citizen. In theory he could, if we could proof the above. Since the i130 takes a lot of time to be processed, we thought about just filing it in the meantime anyways. What do you guys think about that?

 

Thank you in advance! 

[Pinkrlion 2,724]

She had to live in the US two years after she was 14 to pass on Citizenship, so no he does not have the right.

 

He will need the I-130

Edited August 10, 2021 by Pinkrlion

[iCodeClean 20]

That’s not true, because our son was born before 2017. The requirement with the age of 14 only applies, if the child was born after June 11, 2017. See situation E here https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/birth/proof-physical-presence/

[JeanneAdil 6,554]

Remember: the burden of proof is on you.  You must be able demonstrate to the Consular Officer’s satisfaction that you meet the physical presence requirement in order to transmit citizenship to your child.

Physical presence proof is only required of the U.S. citizen parent.  A non-U.S. citizen parent does not even have to list times in the United States.

 

how will you prove this for a minor  of 2 years 

father has IRS transcripts showing he claimed the child and she had SS # ?

read all the things that can prove this

as she never filed her own taxes 

or was enrolled in school

or have rental receipts

or have employment records

how do you prove she did not leave earlier????

 

Note: Birth certificates or drivers’ licenses do not constitute evidence of physical presence.

 

read this as this is in effect August 9,2021 on 1401

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim

 

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

[SalishSea 17,928]

1 hour ago, iCodeClean said:

Hi everybody,

 

Our son has the right to get the U.S. citizenship, since my wife was born in the US and is a US citizen. Her father still lives in the US and is also a US citizen. Our son is now 12 years old and was born in Germany. Therefore my wife has to proof, that she resided for at least 365 consecutive days in the US before our son was born, in order for him to get the USC.

 

After my wife was born, she lived for at least 2 years in the US (she left when she was about 2 1/2 years old).

 

On the page https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/birth/proof-physical-presence/ we saw some examples of proof, but the problem is that none of them apply to my wife, because she was so little.

 

Does anyone have an idea how we could proof that alternatively or where we could get papers confirming it?

 

We want to move to the US and my wife already filed a i130 for me. We thought it’s not necessary for our son, but just today we found out that we might have to file the i130 for him too. The problem is that the page said you should only file the i130 for the child, if the child cannot be a US citizen. In theory he could, if we could proof the above. Since the i130 takes a lot of time to be processed, we thought about just filing it in the meantime anyways. What do you guys think about that?

 

Thank you in advance! 

I think you got some bad information about CRBA.

[arken 4,197]

1 hour ago, iCodeClean said:

That’s not true, because our son was born before 2017. The requirement with the age of 14 only applies, if the child was born after June 11, 2017. See situation E here https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/birth/proof-physical-presence/

Was the child born out of wedlock?

[iCodeClean 20]

31 minutes ago, Jorgedig said:

I think you got some bad information about CRBA.

Hi, can you tell me what’s wrong or what the bad information is? I’ve read some information confirming it (also at the provided link), but it can be that I’ve missed something.

 

Quoted from the embassy page:

Quote

Situation E:  My child was born out of wedlock, out of a U.S. citizen mother and a non-U.S. citizen other parent: There are two requirements possible:

• Your child was born on or before June 11, 2017: The U.S. citizen mother must prove she was physically present in the United States for one uninterrupted period of 365 days, at any time prior to the birth of your child.
• Your child was born after June 11, 2017: The U.S. citizen mother can follow the exact same guidance as per situation B, i.e. she must present evidence she has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

 

20 minutes ago, arken said:

Was the child born out of wedlock?

Hi, yes our son was born in 2009, when we weren’t married yet.

Edited August 10, 2021 by iCodeClean

[arken 4,197]

28 minutes ago, iCodeClean said:

Hi, yes our son was born in 2009, when we weren’t married yet.

In that case, i guess vaccination records are the good evidence to prove somehow the presence of a child under 2 years old.

[iCodeClean 20]

19 minutes ago, arken said:

In that case, i guess vaccination records are the good evidence to prove somehow the presence of a child under 2 years old.

Thank you, that might be a good idea. Do you know if there would be records in the system somewhere or would she still have to have her vaccination card from back then?

[arken 4,197]

1 hour ago, iCodeClean said:

would she still have to have her vaccination card from back then?

 Very likely this.

[Mike E 11,740]

If her parents can remember who her pediatrician was, then that might be a good start.  

 

Edited August 11, 2021 by Mike E

[Lucky2Lucky 2,526]

6 hours ago, Mike E said:

If her parents can remember who her pediatrician was, then that might be a good start.  

 

I believe papers are destroyed after 7 years and there weren’t any electronic medical records back then. Hopefully your wife or her parents saved her medical records.

[Chancy 6,241]

*** Moved from US Citizenship General Discussion to CRBA -- topic is specific to meeting CRBA requirements ***

 

[iCodeClean 20]

Thank you all for your answers so far!

 

I've also written the embassy and asked them if there are some alternatives. They told me that it is also possible to provide proof with documents of her parents that show that she was living in the US. That might be something we could look into. Her mother is deceased unfortunately so we can't ask her anymore. But her father (still living in the US), might have some documents.

[iCodeClean 20]

Hi again!

 

After some research, I’ve found out that it can be quite cumbersome to find some proof. On the other hand, I’ve found something which would be much more easy for us.

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.322_12

This says the following:

 

Quote

(2) The United States citizen parent has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14, or the United States citizen parent has a United States citizen parent who has been physically present in the United States or its outlying possessions for at least 5 years, at least 2 of which were after the age of 14;

 

The father of my wife always lived and still lives in the US. If I understand it correctly, that should be sufficient enough as proof right?