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Posted

Hi, I’m a U.S. citizen (born in California) currently living in Canada. I’m exploring whether my children qualify for a Consular Report of Birth Abroad (CRBA) and U.S. passports, and I need clarity on the physical presence requirement.

Key details:

  • I left the U.S. as a child and lived mostly in Canada.

  • I do not have traditional evidence like tax returns, W-2s, leases, or complete school records.

  • I do have:

    • Bank statements and subscription/payment records (2023–present)

    • A valid SSN

    • Some government mail/voter correspondence sent to my U.S. address over the years

    • Travel history that shows about 1.5 cumulative years of visits — but I’m unsure if the travel records are complete

    • A few childhood documents/photos from times when I was staying in the U.S.

    • Brief school enrollment in California in 2003, though the school no longer has records

What I need clarity on:

  1. What exactly counts as valid evidence of physical presence, especially for childhood years.

  2. Whether bank statements, government mail, and intermittent travel entries can be combined to meet the 5-year requirement.

  3. Whether incomplete travel records can still be used — and if there is any acceptable workaround when travel history does not fully reflect my actual time in the U.S.

  4. Whether the 2003 California school enrollment can be used, and if the school has no records, whether there are alternative ways to prove those months.

  5. Realistically, whether the evidence I can gather is likely to meet the 5-year requirement, or whether I should expect challenges or a denial.

I want to be fully honest and compliant with the law — I’m not trying to bend rules, but I need to understand whether my situation offers any legitimate path to proving the required physical presence.

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is up to you to substantiate your presence. Bank Statements, other mail etc do not. 

 

Theoretically if you can prove the five years through visits that would meet the requirements, up to you to prove it.

 

School enrolment would count if you can find records.

“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.”

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

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