Has anyone done a 'consular report of birth abroad' for their children?

[daisylynn 0]

I am the USC, husband the Canadian. My husband is applying for his IR-1 visa. We have 3 kids, all born in Canada. So, we're getting ready to apply for their report of births abroad. I just tried to call to ask some questions, but of course forgot that the USC service hours are only for a couple of hours in the a.m. So, I figured I'd see if anyone has gone through this before. If so, here are a couple of questions.

1-I have high school transcripts, college transcripts and tax information. Do I have to have multiple things for each year? Or is it ok that I just have transcripts for the first 5 years or so and then tax records for the rest of the time?

2-With my high school transcripts, it's a notarized copy. Is that ok?

3-With the tax info, I have several years worth of W2's and 1040's. The 1040's are, of course, all copies. And a couple don't even have my signature. My mom filled out a year for me when I moved up here. But she copied it before it was signed. Then the original was signed and sent. So, all I have it a copy, not signed. Is that ok?

3-If I need to have multiple things as evidence for each year, then I am going to have to order some IRS transcripts of some of my previous years. Is it ok to have them faxed? Will they accept that?

Thanks!!

Tammy

[daisylynn 0]

One more thing...

If the notarized copy of the high school transcript IS acceptable, can my mom fax that to me? Or do I need the actual one that was notarized?

[dearheart 0]

We did this for both of our boys. I really don't remember it being very complex. I got my high school transcripts, but they didn't even take them. (We went to Calgary). I didn't submit anything from the IRS. I think the only thing for proof that I had was my birth certificate, my marriage certificate, my passport and the boys' birth certificates - the long forms. I lived in the States until I was 20. That was plenty of years to pass on my USC to my kids. My husband and I both had to be present along with the kids. There was no interview or anything. just submit the forms and fee through the window and the certificates was mailed to us.

Are there special circumstances for you that you need to submit the transcripts and tax forms?

This is what i found on the website:

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

Edited August 30, 2007 by dearheart

[daisylynn 0]

This is what I got of the Toronto site (since that's where we will be filing). Am I misunderstanding it?

Transmitting U.S. Citizenship To a Child Born Outside of the U.S.

Consular Report of Birth Abroad (FS-240): U.S. citizen parents may transmit their citizenship to a child born outside of the U.S. Please apply in person, Monday to Friday, 8:30-11:30 a.m., holidays excluded, entering at 225 Simcoe St. Please expect 2 hours or more of initial in-person processing by the parent(s) and a total of 4-6 weeks before final determination. Civil records must bear the original seal, stamp or signature of the official government custodian of that record; "certified true copies," hospital or religious records, notarized or illegible copies are unacceptable.

An FS-240 is only available if the child is under 18 and out of the U.S. A child brought to the U.S. cannot apply for an FS-240 and must apply for a Certificate of Citizenship (N-600) inside the U.S., see Application for Certificate of Citizenship

A first time applicant for U.S. citizenship who resides in Ontario, Canada but is over 18 applies for a passport (DS-11) in person with us, bringing the same following documents (but not the DS-2029).The same proof of parent(s)' required physical presence in the U.S. before the child's birth must be submitted. Please do so on a typed or printed statement, signed and dated by the applicant, listing the parents' names and places/dates of U.S. physical presence.

For details on citizenship please see http://travel.state.gov/law/citizenship/citizenship_782.html.

The following list is not all inclusive and we may request further evidence as necessary:

* Application for Consular Report of Birth (DS-2029), follow these instructions ). Use this continuation sheet if more space is needed to reply.

* To apply for a Social Security Number please see http://ssa.gov/ssnumber for downloadable forms and instructions.

* Child's long-version birth certificate, (in Ontario, the Statement of Live Birth,) stating the child's full name, both parents' names, date/place of birth, and date of registration;

* Parents' marriage certificate, if married;

* Evidence of parents' U.S. citizenship and identity. Either a valid or an expired U.S. passport, U.S. birth certificate (www.cdc.gov/nchs/howto/w2w/w2welcom.htm) or U.S. naturalization/citizenship certificate;

* Parents' current ID containing personal data and photo;

* Divorce decrees or death certificates terminating any prior marriages of the parents;

* Fee of USD 65 in USD bank or postal money order (NO personal checks), or USD or CDN cash, Visa or MasterCard;

* Proof of parents' physical presence in the U.S. before the child's birth, for a certain period of time as required by law, with evidence. Please see this link for details.

* Prepaid, self addressed Canada Post express mailer;

* Any document not in English must be accompanied by a complete, signed and dated translation ("I certify that this is a true and complete translation from x language to English").

* DS-2029 may be notarized by an Ontario notary public, and authenticated by the Ontario government per www.gov.on.ca/MGS/en/OffDoc/STEL02_046905.html, for a child who resides north of the line connecting Lake Nippissing, French River and Tobermory.

* Photocopy of each document for each child, or USD 1 per document that we photocopy.

And here's what the link to the physical presence (in red) says:

U.S. law strictly defines how U.S. citizen parent(s) may transmit their U.S. citizenship to a child born outside of the U.S. A parent must have been a U.S. citizen and have spent a certain amount of time physically located in the U.S. prior to the child's birth in order to transmit citizenship. The exact amount of time has changed over time as U.S. law addressing citizenship has been amended since 1791. To learn how the law applies to each case please see http://travel.state.gov/law/info/info_609.html .

Time spent outside of the United States for vacation, study, work, religious, research, business or residence does not count as U.S. physical presence. Merely having a place of abode in the U.S. does not by itself constitute physical presence.

Time spent outside of the U.S. as a U.S. Government or international organization direct hire civilian employee or U.S. armed forces member, on orders, and/or as a dependent of such, counts as U.S. physical presence. Time spent outside of the U.S. as a contractor or locally hired U.S. Government employee does not count as physical presence.

You must submit evidence clearly showing your U.S. presence over a period of time. Declarations alone are generally insufficient. The burden of proof is solely with the applicant. The following list of suggested documents is not all inclusive and each application will be considered on its own merits:

· passports or immigration records showing entry and exit;

· airline frequent flyer statements;

· school transcripts, not just diplomas;

· banking, medical, work, tax records;

· U.S. Government or international organization assignment orders;

· U.S. armed forces discharge (DD-214);

· any other documents or evidence that credibly places the subject at a place in the U.S. for a period of time.

Edited August 30, 2007 by daisylynn

[daisylynn 0]

There's this too...

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Oh, it would be SO nice if I didn't have to have all of this. What a hassle!

[thermophile 0]

How long did you live in the States before you moved to Canada? I read that list and see it as suggestions of the type of evidence that they request-not a checklist of everything you must have. If you have proof that you worked in the US for at least 2 years after you turned 14, that should be good.

[dearheart 0]

Are your children under 18? Our boys are. We filled out form DS-2029. In the instructions this is what is listed.

From instructions of form DS-2029

"DOCUMENTARY EVIDENCE

A. For children who have never been documented as U.S. citizens: When an application is made for a Consular Report of Birth for a child who has never been documented as a U.S. citizen, the documentary evidence listed below should be presented. Provisions may be made for documents that are not available. In certain instances, additional evidence may be required to insure full compliance with citizenship law. All documentation submitted must be originals or certified copies of the originals.

1. Child's birth certificate.

2. Evidence of the parent(s) U.S. citizenship. This may consist of a U.S. passport, Consular Report of Birth, Naturalization Certificate, Certificate of Citizenship or U.S. birth certificate. For other forms of acceptable U.S. citizenship evidence, contact the U.S. consul.

3. Parents' marriage certificate.

4. Evidence of the termination of any previous marriages of the parents (divorce decree, annulment decree, or death certificate)."

I think I had read somewhere for our 2nd son that I may need high school transcripts so i got the school to send me a copy - in a sealed envelope, which I did not open. When filing at the consulate they did not ask for the transcropts at all.

On the form itself it asks you to list the amount of time you spent in the US. For me it was from birth until I was 20. I have lived outside of the US for 12 years now and there was no problem in me submitting without tax forms, transcripts.

Now, I don't know about Toronto, but at least from the instructions themselves it seems pretty simple... if your children are uner 18 and you spent most of your life in the US prior to moving to Canada. I don't know your unique situation though.

Edited August 31, 2007 by dearheart

[daisylynn 0]

Ok, I'm so confused. We don't have a unique situation, just normal. Our kids are all under 18. I lived in the US from birth until I was 27. I have been in Canada for 5 years now. So, I don't need anything? I just keep going back to this...

You must submit evidence clearly showing your U.S. presence over a period of time. Declarations alone are generally insufficient. The burden of proof is solely with the applicant. The following list of suggested documents is not all inclusive and each application will be considered on its own merits:

· passports or immigration records showing entry and exit;

· airline frequent flyer statements;

· school transcripts, not just diplomas;

· banking, medical, work, tax records;

· U.S. Government or international organization assignment orders;

· U.S. armed forces discharge (DD-214);

· any other documents or evidence that credibly places the subject at a place in the U.S. for a period of time.

and when I click for it to show me the period of time I need to prove, it says this...

For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

I know I don't need ALL of those things as proof. But the only things on that list that I have are tax records and school transcripts. I don't have 10 years worth of either, so I figured I needed to get some of each. But do I have to have them overlap, like tax and school for the same year or will just one of them do to cover each year? Am I even making sense?

Am I reading something wrong?? Someone please help me!! If I don't need all of what I'm trying to get, that would be GREAT!

Edited August 31, 2007 by daisylynn

[daisylynn 0]

Ahhhhh, is that talking about the birth of the child??? Is that where I'm reading it wrong??? I was thinking it was meaning for the USC's birth. Oh please oh please let that be right. I have been stressing over this for nothing it looks like!!! Grrrr.

[trailmix 77]

Ahhhhh, is that talking about the birth of the child??? Is that where I'm reading it wrong??? I was thinking it was meaning for the USC's birth. Oh please oh please let that be right. I have been stressing over this for nothing it looks like!!! Grrrr.

Hi Daisylynn,

You aren't reading it wrong, you are on the right track.

Basically you need to prove your residency - they should have no problem with you proving it with a combination of evidence.

As you are going to the consulate tomorrow it wouldn't hurt to ask to speak to someone about it while you are there.

[daisylynn 0]

Thanks trailmix! I am so confused about it for some reason, not knowing how many years I have to prove and such. I am definitely going to try to talk to someone about it while we're there today!

[dearheart 0]

It would definitely be best asking the consulate you are going to. I was only giving my experience. I, in no way, am not an expert in this for sure. I hope things are clearer for you after today.

[blahblah 0]

We have these for both of our boys as well. I agree with everything dearheart said, except that in our case, I didn't bring my husband along either time (I went on two separate occasions for both kids, shortly after they were born). I'm the U.S. citizen. It was a really easy process - most of the time spent was waiting.

I didn't bring tax forms or school transcripts - just a piece of paper detailing my time in the U.S. But the rules may have changed since then.

Are you going to Calgary? I found the officers there to be very helpful. With my oldest son, I had the wrong birth certificate (the short form isn't acceptable), and they just allowed me to mail it in once I got it, instead of having to come back to the Consulate in person. This was two years ago, however; I don't know if the rules have changed. I was there for my youngest son's report last April 2006. Got there very early (was 2nd in line, I think), and was out in about 90 minutes.

We did this for both of our boys. I really don't remember it being very complex. I got my high school transcripts, but they didn't even take them. (We went to Calgary). I didn't submit anything from the IRS. I think the only thing for proof that I had was my birth certificate, my marriage certificate, my passport and the boys' birth certificates - the long forms. I lived in the States until I was 20. That was plenty of years to pass on my USC to my kids. My husband and I both had to be present along with the kids. There was no interview or anything. just submit the forms and fee through the window and the certificates was mailed to us.

Are there special circumstances for you that you need to submit the transcripts and tax forms?

This is what i found on the website:

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

[daisylynn 0]

Ok, so we went ahead and applied for this while we were at the Consulate for our I130 today. I did need to show proof of physical presence, but only 5 years worth. That's where I was reading wrong. I thought it was 10 years, but it was only 5. I had tax returns and transcripts. She only needed 1, as long as it covered 5 years.

So, that's all taken care of now.

Thank you so much to everyone!!!!