CRBA denied at Toronto consulate while i-130 pending

[ali2023 3]

46 minutes ago, Mike E said:

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?

 

 

I am thinking it was from an N-600K

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

father 

2. Where was that parent born?

india

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

no 

4. Did you ever have a green card?

yes

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

no

[ali2023 3]

2 hours ago, Family said:

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 ? 

2164 days in USA

85 days in Canada

 

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

N-600

And last of all how old are you? It matters how they calculate part of the 5 yrs to be after 14
I am 43 years old

 

Year / date of child’s birth?

Oct-2022

Years / dates you were PHYSICALLY presentYear  in the US ? 

09-2015 till now I am living in USA except 

[Mike E 11,723]

9 minutes ago, ali2023 said:

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

father 

2. Where was that parent born?

india

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

no 

4. Did you ever have a green card?

yes

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

no

Wow the plot thickens.

1. Did you get your green card after age 18?

 

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

 

3. For how many years have you been a U.S. citizen?

 

[Mike E 11,723]

17 minutes ago, ali2023 said:

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 

 

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

[ali2023 3]

2 minutes ago, Mike E said:

Wow the plot thickens.

1. Did you get your green card after age 18?

 

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

 

3. For how many years have you been a U.S. citizen?

 

1. Did you get your green card after age 18?

yes Sir

 

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

entered US as canadian citizen

 

3. For how many years have you been a U.S. citizen?

since Sept-2021

 

[ali2023 3]

13 minutes ago, Mike E said:

The child will be a U.S. citizen as soon as the child’s visa is stamped by a cbp officer (probably at yyz).

ok cool

 

 

 

 

Edited March 29, 2023 by ali2023

[Mike E 11,723]

19 minutes ago, ali2023 said:

1. Did you get your green card after age 18?

yes Sir

 

2. Just before you got your green card, what type of visa did you have to enter the U.S.?

entered US as canadian citizen

 

3. For how many years have you been a U.S. citizen?

since Sept-2021

Do you hold of these:

 

 

Or one of these:

 

[ali2023 3]

1 minute ago, Mike E said:

Do you hold of these:

 

 

Or one of these:

 

Top one 

 

thx

[Mike E 11,723]

2 minutes ago, ali2023 said:

Top one 

 

thx

So this means you were a green card holder for at least 5 years, then naturalized.

 

What was the “resident since” date on your green card?

Edited March 29, 2023 by Mike E

[ali2023 3]

Just now, Mike E said:

So this means you were a green card holder for 5 years, then naturalized.

 

What was the “resident since” date on your green card?

Sep-2015

[Mike E 11,723]

1 minute ago, ali2023 said:

Sep-2015

How many days of physical absence did you list on your N-400?

[ali2023 3]

2 minutes ago, Mike E said:

How many days of physical absence did you list on your N-400?

I forgot

around 6 months total I guess

[Mike E 11,723]

Just now, ali2023 said:

I forgot

around 6 months total I guess

Your N-400 thus shows at least 4.25 years of physical presence. This is a record that USCIS accepted as gospel.
 

Since filing N-400, you just needed 0.75years of physical presence. It is hard for me believe that between filing N-400 and when your child was born, you did not have at least 0.75 years of physical presence.

 

I would get a FOiA of your N-400 and take one more run at this while filing I-130 for your child.
 

 

[SalishSea 16,770]

@Mike Ewow........you deserve an award for this one!

[Mike E 11,723]

Also do an FOiA of your I-485 record, and I-131 record.

 

If the record shows you

 

* never applied for I-131 or never received an advance parole document,  then this means between the day you applied for I-485 and your “resident since” date, you were in the U.S.

 

* received an advance parole document, then this means between the day you applied for I-485 and the day I-131 was approved, you were in the U.S.