CRBA denied at Toronto consulate while i-130 pending

[mam521 1,700]

4 hours ago, speedster said:

I wonder if OP can now send a letter to their state rep explaining the situation, maybe they can get NVC move along?

The OP can call and request the I-130 be expedited.  No guarantees though.  

[jan22 2,897]

9 hours ago, ali2023 said:

2164 days in USA

85 days in Canada

I was not born in USA, I acquired my USA citizenship through my father, I am also canadian citizen.

 

Thanks

A couple of quick questions:

• Did you have any time you spent in the US prior to 7 years ago that you did not include?  Vacations? Schooling? Shopping? Visiting family?  All that time would also count, regardless of your status, and might shore up your caseentioned passport stamps of international travel in your list of documentation. 
• You mentioned passport stamps for international travel in your documentation list.  Was that travel to countries other than Canada?  If so, is that time you just didn't mention in your post or is it included in the 2164 US days?  If included in the 2164, how many days total were you outside the US on those trips? 
• In your count of time spent in the US, are you counting only the time before the birth of the baby?  If not, you need to subtract the time after his/her birth as it does not count toward the required five years and should not be included.

BTW, I am assuming that your US citizenship was acquired before the bIrth of your baby, but thought I would mention that, since I don't believe you actually stated that fact.

 

And, just to clarify one point, you said that you have "been living" in the US for the past 7 years.  The requirement for a CRBA is not based on residence or domicile.  When it describes the "physical presence" requirement, that means exactly what it says -- the time you were physically in the US.  Not to say this is part of your issue, but wanted to include in case it is an issue for some -- there are cases where people have spent too much time outside the US, even if it is their official residence, and don't qualify to transmit US citizenship.  Again, not saying this is your issue, but wanted to be sure people were using the correct criteria.

[ali2023 3]

17 minutes ago, jan22 said:

A couple of quick questions:

• Did you have any time you spent in the US prior to 7 years ago that you did not include?  Vacations? Schooling? Shopping? Visiting family?  All that time would also count, regardless of your status, and might shore up your caseentioned passport stamps of international travel in your list of documentation. 
• You mentioned passport stamps for international travel in your documentation list.  Was that travel to countries other than Canada?  If so, is that time you just didn't mention in your post or is it included in the 2164 US days?  If included in the 2164, how many days total were you outside the US on those trips? 
• In your count of time spent in the US, are you counting only the time before the birth of the baby?  If not, you need to subtract the time after his/her birth as it does not count toward the required five years and should not be included.

BTW, I am assuming that your US citizenship was acquired before the bIrth of your baby, but thought I would mention that, since I don't believe you actually stated that fact.

 

And, just to clarify one point, you said that you have "been living" in the US for the past 7 years.  The requirement for a CRBA is not based on residence or domicile.  When it describes the "physical presence" requirement, that means exactly what it says -- the time you were physically in the US.  Not to say this is part of your issue, but wanted to include in case it is an issue for some -- there are cases where people have spent too much time outside the US, even if it is their official residence, and don't qualify to transmit US citizenship.  Again, not saying this is your issue, but wanted to be sure people were using the correct criteria.

In 2009 I spent one year in US on work permit.

the lady officer noticed it as there was earning on my social security statement.

When we were leaving she said ur on border line.

that was totally unfair decision.

[InspectorGrover 14]

47 minutes ago, ali2023 said:

In 2009 I spent one year in US on work permit.

the lady officer noticed it as there was earning on my social security statement.

When we were leaving she said ur on border line.

that was totally unfair decision.

Why did you need a US work permit in 2009 if you are a US Citizen?

[InspectorGrover 14]

Ok, not sure why I can't find the edit button on my previous comment. I misread the thread earlier, you were not born in the US. So the 2009 work permit was required because you did not have your citizenship yet, correct? 

[Mike E 11,722]

27 minutes ago, InspectorGrover said:

Why did you need a US work permit in 2009 if you are a US Citizen?

 

8 minutes ago, InspectorGrover said:

Ok, not sure why I can't find the edit button on my previous comment. I misread the thread earlier, you were not born in the US. So the 2009 work permit was required because you did not have your citizenship yet, correct? 

OP likely was a U.S. citizen from birth. The same embassy that denies CRBAs to our most vulnerable U.S. citizens routinely issues visas to U.S. citizens. It is a cluster.

[Crazy Cat 39,192]

10 hours ago, Mike E said:

You should file I-130 for your kid and let nvc know that your wife will wait for her kid’s I-130 to move to nvc. 

Isn't this a case which the consulate could process and approve the I-130 for the child? 

[Family 3,463]

14 hours ago, ali2023 said:

14 hours ago, Mike E said:

How many days in the U.S. in those 7 years?

 

How did you acquire U.S. citizenship?

2164 days in USA

85 days in Canada

I was not born in USA, I acquired my USA citizenship through my father, I am also canadian citizen

You should appeal the denial IF you. can demonstrate the 5 years ( 365x5= 1,875 days ) BEFORE child was born. Those physical presence days can be accumulated from any period before the birth..including the 2009 on work permit. 
 

How did Officer calculate ? What periods did she give credit for and what period did she diminish? 

[ali2023 3]

3 hours ago, Family said:

You should appeal the denial IF you. can demonstrate the 5 years ( 365x5= 1,875 days ) BEFORE child was born. Those physical presence days can be accumulated from any period before the birth..including the 2009 on work permit. 
 

How did Officer calculate ? What periods did she give credit for and what period did she diminish? 

I got a question :

 

they gave me certificate of citizenship after completing five years Right ?

I got citizenship certificate one year before child birth.

 

should not that be enough ?

 

If that is enough then the lady at Toronto consulate is not recognizing it as a legal document?

 

plz tell me am I right or wrong 

 

[Family 3,463]

10 minutes ago, ali2023 said:

3 hours ago, Family said:

You should appeal the denial IF you. can demonstrate the 5 years ( 365x5= 1,875 days ) BEFORE child was born. Those physical presence days can be accumulated from any period before the birth..including the 2009 on work permit. 
 

How did Officer calculate ? What periods did she give credit for and what period did she diminish? 

I got a question :

 

they gave me certificate of citizenship after completing five years Right ?

I got citizenship certificate one year before child birth.

 

should not that be enough ?

 

If that is enough then the lady at Toronto consulate is not recognizing it as a legal document?

 

plz tell me am I right or wrong

Need a bit clarity for the seven years you claim to have lived in the US ..so please help by answering; 

Year / date of child’s birth?
 

Years / dates you were PHYSICALLY presentYear  in the US ? 
 

Did you get your certificate through consulate ( CRBA) or in the US ( N-600)…

 

And last of all how old are you? It matters how they calculate part of the 5 yrs to be after 14
 

 

Edited March 29, 2023 by Family

[Family 3,463]

14 minutes ago, ali2023 said:

they gave me certificate of citizenship after completing five years Right ?

I got citizenship certificate one year before child birth

They gave you a certificate of citizenship because your USC mom or dad completed 5 years, NOT YOU

[Mike E 11,722]

2 hours ago, ali2023 said:

they gave me certificate of citizenship after completing five years Right ?

I think you need to clarify how you became a U.S. citizen.

 

1. which parent was a U.S. citizen?

2. Where was that parent born?

3. Was that parent a U.S. citizen before you were born?

4. Did you ever have a green card?

5. Did you ever live in the U.S. before age 18?

 

2 hours ago, Family said:

They gave you a certificate of citizenship

 

I am thinking it was from an N-600K

[Mike E 11,722]

7 hours ago, Crazy Cat said:

Isn't this a case which the consulate could process and approve the I-130 for the child? 

Well TIL.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html says that is indeed an option.

[Ontarkie 13,904]

~~Moved to CRBA, from Bringing Family of USC~~

[ali2023 3]

36 minutes ago, Mike E said:

Well TIL.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html says that is indeed an option.

Thanks Mike 

 

ok if all goes well, and my child I-130 accepted at the MTL embassy along with my wife.as these days we are filling out DS-260 for my wife.

when this child  enters into US

would  this child complete 5 years before applying citizenship ?

 

thanks