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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.”

Posted (edited)
10 hours ago, dualcanus said:
  • 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

 

Bank statements, SSN and voter correspondence don't prove physical presence, plenty of people live overseas and have those. 

 

Travel history works (you could do a FOIA request to try and get border crossing records), and the school records would too but how long is 'brief enrollment' and how long did you live in the US and at what ages? Could you get an affidavit from your parent confirming the dates you lived in the US as a child, maybe doctors records too?

Edited by appleblossom
Filed: Citizen (apr) Country: Canada
Timeline
Posted

How old were you when you moved to Canada and how come no US income tax returns have been filed? 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Posted

@dualcanus, just noticed in a previous thread you said 'I have visited the US here and there in the past few years, but I haven't lived there since i was very little' and then you say above you've only got 1.5 years of cumulative visits since you left.

 

So are you sure your children qualify for CBRA? Did you definitely spend more than 2 years in the US after the age of 14?

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

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