Myopia

You are good.

Hello there

The Mods can move this to the right forum as I am none to sure if this is the right one.
I just wanted to put some information out there for those who may have been in the same situation as myself.

I came to the US with my then ten month old son on the Visa Waiver Program. He came on my passport and so when i overstayed my stay.. so did he. The difference with him is that his father was a US citizen who was willing to file for him. Initially we considered returning to the UK in order to get a CRBA for him but as time went on that became a difficult step to make. The US department of State told me that we could apply for a US passport from within the US so that is what we did.
Now anyone who has filed for a child out of wedlock knows that there are additional steps in order for a child to acquire citizenship at birth.

• You have to prove clear and convincing evidence that the child is biologically connected to the father.
• The father has to have had at least 5 years residence in the US with at least 2 years after the age of 14.
• He has to both acknowledge parentage and sign a declaration of financial responsibility.

It seems simple but it is a bit more complex than that. My son's father had since moved to Europe and so now I had to wait for him to return to the US in order to execute the passport application. By the time we were able to get things situated my son was 17 years old. Yes 17.
So we went to the court to do the application and it was challenging because the clerk really didnt know what to do. I had already read the directives for the passport and so I knew it was simple but getting the clerk to understand what needed to be done was another thing.
The application was sent off and we received a request for more information.
They wanted proof of my son's residence in the US and proof for the time that the father was in the US.
I sent both and then they called me for an interview in the NY office.

When I got there.It was not a regular interview. There were agents from the diplomatic security service whom informed me that my son's application had some red flags. The red flags being the fact that we waited so long to present him as a citizen. I explained the (rather long) situation and they seemed to understand. They mentioned that there may be a need for a DNA test which would have been fine if the father was not residing in Europe however his mother lived here and it was possible to do DNA through them.
They said that they would contact me to interview my non 18 year old son and that was that,

After a month of not hearing from them, we called them and they told us to return to the agency.
We did and they had some questions for my son. They asked him why he didnt have a social security number and ID (fairly obvious why). They wanted my sons fathers telephone number which I provided and I was able to give them more documents to support the application.
Three days later my sons passport was in the mail.

I left out a lot but I wanted to put it out there that it is possible to get this done in the US. Thanks for reading.

No need to mention any other children.
Its important for you to know their names, ages etc in case you are asked but its not a matter for the I-864 form.

was your income enough to support your family size and the sponserees? So if you have 4 people in your family and they have 3, Your income needs to be able to support 7 people altogether.

i have no idea how t add myself but anyways... i filed on 3/24/2014 at vermont.. My local office is NYC.
I received my approval letter today also. No interview. No RFE.

I had sent in amazon shipping orders for myself and my husband on the intial application. Perhaps you could send in some that spans the time from when you were approved till now as that would show continuation.

I dont know anything about being claimed as dependants other than you have to a) be under 24 generally and b) you cant file your own tax return.

Do you have credit cards/debit cards/gym memberships etc?

I wondered why you stated her adult child died as if being that the child was an adult that she would find it easier.
It is not easy to lose a child at any age. No one expects to outlive their children and she may be having a tough time with it. The behavior that she is displaying points to that. She needs some type of counselling.
Thats all.

Its anyone's guess. MIne took around 8 months if thats any help

I came here in 1998 and the old "Visa express"/"Visa lite" complaints were pretty commonplace back then too.
Dont you just love laws and their applications. I know I do.

That is correct, if your ROC is approved, you will receive a permanent resident GC that is good for 10 years, you've already been a resident 2 years so you need 3 more years as a resident to qualify for US citizenship. hope that helps.

One extra year if married. Married GC holders only need to wait 3 years before eligible for citizenship

Im pretty sure your application is fine if they cased the check and gave you an extension.

Relax

You include her.

I make a photocopy of every single thing I send off to Immigration including the check and in the same order just so I know exactly what I sent in case of RFE.

Not really going to critique your list because I am not following some of it, but only say BOTH names on the same document is best proof. Your list doesn't indicate, for example, if the rent car has both names. Otherwise make a connection they easily see. Example--an electric bill in your name to address 2 matched with a water bill in the spouses name to address 2. Connect the dots for them. Random things in one name only are not as useful.

Yea I see what you mean.

I think our stuff is intertwined enough for them to see that we are together. The lease is in both our names (for example) but they send rent in his name. I get the utility bill in my name but he pays it. Ill connect the dots for them. The TAP(Financial aid) is in my name but it was asking for info about his school...I think a moron would be able to figure it out.

Ok. Im good.

Thanks

Ok Sorry. I decided just to sit back and do this again! So here is it is

1751

Check

Green card front and back

Husbands Id with new address

Birth cert

Card

Bill from hospital for child

Lease

Rent receipt

Utility bill in my name but it was in my name in the other house too.

Budget rent a car (When we moved)

Tax return 2011 and 2012

Joint account Bank

Individual accounts showing both of us puttin money in the bank

Business cert and invoices showing delieveries to both addresses

School letters (FAFSA/TAP etc)

Bank Card Statement

EOB's

Gym Membership letter

NYC Correction Officer letter

Job payslips

I had to get stuff from 2 separate addresses as we moved in 2012.

Ok do I really need to Photocopy this packet or can I just send it. (no ink)

If you have a car and the insurance is in both of your names that's good evidence, as is a life insurance policy if he has one with you as the beneficiary. The IO said during our interview that my life insurance policy was great evidence. Oh, and also if you have taken any trips togehter the photos are helpful but not primary evidence, if you have any reciepts or trip schedules from them that's great evidence.

Yea, No car.. this is NYC. We share his metro card though! No Life insurance policy thats active. We tried it then left it. No trips either. We stay stuck in NYC. Ok Ill just add more and aim to send this on Monday. My GC expires at the end of March so I dont want to let this go to long.

Thanks;

Yes, baby is great evidence. If you have covered two years, then that should do it.

Ok so I added a few more joint covering the time period and his bank single account to show the transfers. We use the joint for bills, shopping and we both put in. I have some store card statements for both of us, a card from one of our neighbors addressed to both of us which we got after the baby was born, I have some of his business statements that cover 13 and 12. State refund letters. I think its good.

I dont want to fill it with fluff...rather evidence that is clear so Ill try and find some more for 2012 and hopefully that ill be a wrap.

Thanks for the insight. I forgot how time intensive this collating of info can be.

Yea all of what I mentioned covers 2 years. I guess I can add some more bank statements. The tuition bill shows the address and I guess I will send a letter from my school to show that both schools send mail to the same place. His Id is in this address but my ID is in my old one. I guess I should update that but I dont think the DMV will do it without a valid g/c (Mine expires and the ID has an expiration date that corresponds with my G/c expiration)

I want to make sure my evidence is specific but I dont see us having a problem to be honest. I think our baby is the best evidence that we have of a true and genuine relationship,

Thanks. Ill update.

Hi All especially to all that remember me from my time in this forum.

Well its about that time and I need to send my removal of conditions. I cut it a little closer than I wanted but for a great reason... birth of our baby!

So I was about to send in my packet but I figured it wouldn't hurt to run it by the eyes of the good people on here so here goes.

• Copy of Green card front and back
• Birth certificate of baby
• Medical bills and EOB's with my husband as the primary insurer and myself as the beneficiary.
• Copy of most recent joint checking accounts
• Copies of tax return from 2011 and 2012
• Copy of electric bill in my name
• Random correspondence in both names
• Joint Lease
• Copy of Husbands School Tuition Statement
• Copy of payslip from my job
• Letter from hubbys work confirming pay etc

Should I include anything more?

Thanks.

Thanks

O My. No replies.

Hey All.

Im bringing this to you as you are the best board as relates to these kinds of issues.

A bit of background.

My friend married a man from Africa about 3 years ago. They met through mutual friends and married within a month or so. They are Muslim so there is no dating in the way that they met and married.

They filed for the green card when they lived in the PA area. They got their interview and subsequent conditional GC in a matter of months. I think it was about 2 months from filing to acceptance.

He was unable to get work in the small town that they lived in PA so went to find work in NYC. He was about an hour away bus ride and was able to visit her at least monthly. He sent her money and always maintained his home with her in PA as his primary residence whilst NYC was only for work. He was paid cash in hand.

They decided to move to Indiana thinking that they would be able to find more work there for both of them but after a few months of they being there, it was clear that for him there was no work...so he returned to NYC to the same work.

They had their case moved to Indiana and had their ROC interview this morning.

It was a disaster.

The USCIS officer focused on two specific things. The first that they were not in the same state for the majority of their marriage and this he said this was a sign that their marriage was not bonafide and secondly that her Islamic marriage to her first husband in Illinois may be legal.

I faced a smilar question in my own GC interview and had to get letters of no record from every state/country that I lived in from the age of 16 till present. I was able to successfully prove that I was not married and I was given my GC (conditional).

She received a letter that said their case was under review yada yada. She said the interview seemed to focus on her. Her husband wasn't asked anything at all really.

I told her that she would face three outcomes ; 1) That they would deny her in which case she would have the opportunity to appeal

2) That she would get an RFE but do you get RFE's with ROC interviews and 3) That she would be asked back for a stokes.

Was I right in my assumptions or is there anything else anyone else can throw into the mix?

Thanks/

The process is going great so far, but we received a RFE today (request for evidence). They want a copy of my father's (the co-sponsor) birth certificate, a copy of my 2012 taxes, and documentation that my husband legally entered the USA. He came in on the Visa Waiver and did NOT receive an I-94. What is it that we can give them to prove he entered legally?? We gave them the page stamped with his entry stamp, should we give them another copy?? Also I filed my 2012 taxes as single, even though I was married half the year BECAUSE I filed online and they told me I HAD to give my husbands SSN, (which obviously he doesnt have one). This shouldnt hurt our case right?? Maybe get me in trouble (I HOPE NOT).

Anyone got any answers???

You can file an amended tax return before tomorrow and then send that along with the original return to the USCIS.

Dude, you are in AP. Your interview was ONE month ago. You need to relax. Your urgency says a lot about your case, IMHO.

Gosh I am jonny come lately but as I read the intial post, I was just dag. A month? Some guys have all the luck! lol

yeah you're right thats what I'm gonna tell the interviewer because if i got married for greencard I should've ask my ex husband to file paperwork for me right after we got married.. the only thing why it didn't work out is because of his parents they are really racist(they're VIET) so they want their son to marry a Viet too....and I'm gonna tell them too that if I want greencard that bad I shouldn't wait for another 2 years to get married again...

thanks for your reply thats a great relief...God bless:-)

Well I was married(albeit religiously) to someone before my husband as an overstay and I wasnt asked a thing about why I married to someone else without filing. In fact I was asked to prove that I was divorced (religiously).

You will be fine.

No, you are wrong. The child of a marriage DOES NOT automatically assumes citizenship.

Automatic means NO PAPERWORK to submit to the US government to claim US citizenship.

Sending paperwork in MEANS IT IS NOT AUTOMATIC AND MUST BE APPLIED FOR.

A foreign born MUST FILE A CRBA TO CLAIM US CITIZENSHIP. There is no exception for the child of a marriage.

Let's contrast this with the Child Citizenship Act where citizenship is automatic. No need to file any paperwork.

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf From the PDF: "Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship."

Please show a citation where the statement you made is true. Please show me any law that distinguish that a child is automatically a US citizen and does not have to CLAIM US CITIZENSHIP because the parents are married.

This is from the US Embassy. Strange that the US Embassy would have a procedure for a foreign born child to claim US citizenship and requires providing a copy of the parents' marriage certificate if applicable. WHY HAVE A PROCEDURE FOR THE CHILD OF A MARRIAGE TO CLAIM US CITIZENSHIP IF IT IS AUTOMATIC?????????? IF IT WAS AUTOMATIC, THEN WHY MUST THE PARENT SUBMIT A CRBA TO CLAIM US CITIZENSHIP?????????

http://yemen.usembassy.gov/yemen/birth_abroad.html

http://yemen.usembassy.gov/cus/possible-derivative-claim-to-us-citizenship.html

Well this is what it says on the website that you posted

The redesigned CRBA, which is an official record confirming that a child born

abroad to a U.S. citizen parent or parents acquired U.S. citizenship at birth and serves as proof of citizenship,

What does it confirm? That which is already known, which is citizenship.

It is a record of birth abroad. The citizenship isnt claimed. Its acquired. The child is an AUTOMATIC citizen when both parents are American regardless of where the child is born. When you give birth in the US, you have to apply for a birth certificate too but if you don't get it that doesn't negate citizenship. In the same vein if the parents are both married to eachother and are citizens then the child is an automatic citizen. The CRBA is a proof of that but not having that will not lessen the claim.

I have a son that didn't get a CRBA at the embassy. When I applied, I was told that the USC father had to come too, in spite of the fact that I had all the paperwork. I brought my son to the USA on my passport, once here we were told we were able to apply for his passport. This was without the CRBA. This was from the state department and we were not married. We didnt have to produce a marriage certificate for our son.