Jump to content

6 posts in this topic

Recommended Posts

Posted (edited)

Hello,

 

My partner is trying to have citizenship transmitted to her through her deceased father (See this thread for further context). She went to a US consulate to apply for a US passport. Everything has checked out, except for one thing: proof of her father's physical presence in the USA at least five years before the birth of my partner (i.e., the year 2000). We thought that a tax return from 1994 would be sufficient, but the officer explained that it was not as he was a temporary worker and the months didn't add up. In this regard, the officer told us that we could request a form from the Social Security Administration (SSA) that showed his social security contributions throughout the years. However, I just came back from my local SSA office; the clerk there had no idea what I was talking about and if such a history could be procured (and obviously that I couldn't obtain said records since I'm not a relative, but that problem is solvable). So now we're at a loss; we emailed the consulate and tried to get more details but they haven't answered back. We only have less than 90 days (realistically 30 days is what the officer told her) to provide the documents so we are trying to get this done ASAP. Does anyone know we are supposed to do here?

 

Thanks! I'm happy to provide additional details as needed.

 

P.S. Perhaps the following form is what they meant?

WhatsApp Image 2022-11-21 at 3.00.20 PM.jpeg

Edited by mora88
Filed: K-1 Visa Country: Wales
Timeline
Posted

SSA will not prove presence, you said was a USC for 5 years and a LPR presumably 5 years before so I would look at that, what he did where he lived.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

@Boiler

 

Well, the USCIS officer told us to specifically provide a form from the SSA, so we're going to follow what the officer told us to do; we just don't know what form to provide. Perhaps this is just to corroborate that he indeed was a temporary worker before the 5 years. We're looking into other avenues, but frankly this is our best shot. Hopefully the consulate actually does get back to us soon with detailed instructions; I'll update the thread if that happens.

Filed: K-1 Visa Country: Wales
Timeline
Posted

All the cases I have seen it is basically up to her to prove her case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
2 hours ago, mora88 said:

However, I just came back from my local SSA office; the clerk there had no idea what I was talking about and if such a history could be procured

That clerk is under trained.  
 

Yes the State department will look at social security records to make a determine (based on what I believe is  a preponderance  evidence standard) the citizen had 5 * 366 = 1,830 days or more physical presence. 
 

5 years of activity likely won’t be enough. 7 years should do the trick. 
 

See https://www.ssa.gov/forms/ssa-7050.pdf

 

I would get the one that costs the most and provides the most details: dates of employment and names and addresses of employers. The more employers he had each year (with fewer gaps) the closer to 5 years of work history will satisfy State … generally new employees don’t hire you to let you then take off to a foreign country for several months.  

 

Edited by Mike E
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...