Interview today, denied due to U.S. Citizen father

[Stephalex 2]

So for those of you who possibly read my post about having an issue without a original copy of an Affidavit.. it turns out the Consulate DID in fact receieve

our packet with this Affidavit included in it.. and it wasn't outdated because of it's original submission from last year.

Just to correct any nonsense from last night, I didn't need another copy of an affidavit since back last year is when we first filed the petition.

NOW, here is the big predicament and I don't know what to do next.

My interview went well, and I would've been approved BUT.. We found out in May that my father is actual a U.S. Citizen, a dual to be exact, so he can come and go as he pleases to the United States and Canada.. and has been living in Canada for about 20 years now.

They told me that they cannot legally issue me and my daughter this fiance Visa because of the fact that if he lived in the states for 5 years (2 years which needed to come after the age of 14) I would be considered dual as well, and I could come and go as I please.. I wouldn't need the Visa.

Here's where the real problem starts. I don't know what to do about my daughter, since neither me or her biological father are true U.S. Citizens, and I'd only be considered a dual if I can prove my father was in the States for 5 years and does in fact have a dual citizenship card.

I seriously need some help with this, because I don't know who to call or who to talk to about this..

I was given a slip with this website:

http://canada.usembassy.gov/consular_services.html

It's a pretty useless site because all it tells me is how to basically get a U.S. Passport when I'm not U.S. yet.. Augh.

Any information or help that could be provided would be greatly appreciated.

[Harpa Timsah 13,258]

If your father passes the residency requirements, then you are a US Citizen, you just need to file paperwork to get a US passport. Then you would petition for your daughter because you are a US Citizen, and I believe she would either become a US Citizen when she sets foot in the US (based on being a LPR at that moment and under a certain age with a US Citizen parent) or she would have some other quick path to citizenship herself. Just work on figuring out if your father was in the US for enough time to pass his citizenship to you and go from there. Good luck.

[Darnell 8,478]

This doesn't exist, regardless of what you've read or have been told -> dual citizenship card.

Perhaps, to 'get a USA Passport' - you are skimming over the section that points to 'Consular Report of Birth Abroad' ?? CRBA is the determining factor for 'who you are' - so

if you qualify with CRBA, you are allowed to apply for USA passport.

Time to dig around on Dad's travels, to nail down the '5 year rule'. Yes?

Edited July 9, 2011 by Darnell

[Stephalex 2]

They TOLD me directly at the US Consulate in Vancouver that I would be able to have dual. I don't know anything about the card, but if I get a copy of my father's birth certificate and he passes the residency requirements (Which is what I need to prove) then I can go from there.

The one difficult part is that if anyone saw the website and looked under the Citizenship Claim part, it says one of the things on the Checklist is

-Certified copy of the Parents' Marriage Certificate

My parents were never legally married.. There are so many loopholes in this system right now that I'm finding and I don't know what's happening or what to do..

I talked to my dad today and he told me he met the residency requirements, but now I need to prove this, how do I go about doing that?

[Harpa Timsah 13,258]

Okay, then you are a US Citizen already, and therefore don't qualify for the visa. It's not that you are ABLE to be a dual citizen, it's that you ALREADY ARE a dual citizen. You just need to do some paperwork. It doesn't matter that your parents weren't married - you get your US CItizenship "through blood" as it were from your father. As far as proving your father's residency requirements, did your father ever get a driver license in the US when he turned 16, school records, tax records (your grandparents), anything of the sort? It seems the consulate already knows your father's whereabouts in his childhood, so you should be able to too. The consulate may even be able to help you with the proof.

Edit:

In fact, here is the exact thing you need to do. You are an adult and have a citizenship claim. There are some suggestions there for the type of evidence you need.

http://canada.usembassy.gov/consular_services/citizenship-claims.html

Edited July 9, 2011 by Harpa Timsah

[Darnell 8,478]

They TOLD me directly at the US Consulate in Vancouver that I would be able to have dual. I don't know anything about the card, but if I get a copy of my father's birth certificate and he passes the residency requirements (Which is what I need to prove) then I can go from there.

The one difficult part is that if anyone saw the website and looked under the Citizenship Claim part, it says one of the things on the Checklist is

-Certified copy of the Parents' Marriage Certificate

My parents were never legally married.. There are so many loopholes in this system right now that I'm finding and I don't know what's happening or what to do..

I talked to my dad today and he told me he met the residency requirements, but now I need to prove this, how do I go about doing that?

Review the CRBA guidelines for the US Embassy/Manila IV section - that web portal covers what to do about illegitamacy (sp?) of birth. Vancouver's website covers the basics, not the deep INA, law, and regulations about eligibility for CRBA.

If you have a birth certificate with your father's name on it - that's the place to start.

[there is still, no such thing as a dual citizenship card. It doesn't exist.]

Edited July 9, 2011 by Darnell

[Harpa Timsah 13,258]

Review the CRBA guidelines for the US Embassy/Manila IV section - that web portal covers what to do about illegitamacy (sp?) of birth. Vancouver's website covers the basics, not the deep INA, law, and regulations about eligibility for CRBA.

If you have a birth certificate with your father's name on it - that's the place to start.

[there is still, no such thing as a dual citizenship card. It doesn't exist.]

Darnell, the Canadian website seems to indicate that you can only do CRBA if the child is under 18. I assume the OP is over 18. There is a separate section for adults who have a citizenship claim, and a linked "citizenship questionnaire" and a passport application. I take this to mean that the OP can get a US passport, but can no longer file a CRBA. Thoughts or experience on this?

[Stephalex 2]

Okay, then you are a US Citizen already, and therefore don't qualify for the visa. It's not that you are ABLE to be a dual citizen, it's that you ALREADY ARE a dual citizen. You just need to do some paperwork. It doesn't matter that your parents weren't married - you get your US CItizenship "through blood" as it were from your father. As far as proving your father's residency requirements, did your father ever get a driver license in the US when he turned 16, school records, tax records (your grandparents), anything of the sort? It seems the consulate already knows your father's whereabouts in his childhood, so you should be able to too. The consulate may even be able to help you with the proof.

Edit:

In fact, here is the exact thing you need to do. You are an adult and have a citizenship claim. There are some suggestions there for the type of evidence you need.

http://canada.usembassy.gov/consular_services/citizenship-claims.html

Awesome, I thought that I would need ALL those pieces of evidence, and my biggest problem is the fact of applying for a passport because it's going to request US things from me like Drivers License and things like that which I don't have.

I'm just so flustered.. I'd love to prove this all wrong and be able to continue on with my K1 Visa.. I don't know which path is easier at this point but I'm being forced down one and trying to figure it out.

In regards to him being in the States after a certain age, I'm not sure if he got a drivers license or any of those things, but wouldn't it show when he crossed the border when he was over the age of 14? Would they have any record of that as of course he would've had to have applied for a passport? This is what I am hoping they can help me with..

[leahandlucas 15]

-School records are one...that denote if he went to school in the U.S. and for how long

-Tax returns (depending on his age when he immigrated to Canada), if he'd been filing tax returns that would also help

basically anything with documentation that proves his existence in the U.S. proceeding the age of 14...

Im thinking his school records would maybe be your best shot. What age did he immigrate to Canada??

[Stephalex 2]

Well originally, his mom was on tour in the States when she was 9 months pregnant and gave birth to him in Michigan, US..

Then I think they stayed there for less than a couple weeks, and came back to Canada.

I talked to him today about it because I was furious, and I needed answers, and I asked him how long he was in the States and he said more than 5 years, and I'm not sure if it was directly after he finished school or not.

I plan to talk to him tomorrow and ask him what age he was there and if he ever worked or had anything which tied him to being PHYSICALLY in the states for 5 years.

If he didn't work or go to school, I don't really have anything except his word..

[JenandDon 3]

My son's father is also a US Citizen, and I was thrown this curve ball right as I am preparing for our interview date. I was told to go to the US Consulate here in Calgary and see if my son's father also meets the residency requirements and he didn't, so the consulate here wrote me a letter stating we went to the appt and he did not. They told me if he did, there is no way he would be allowed to go down with a Visa, we must claim his US Citizenship. I think it is a lot cheaper route to go if you have claim to citizenship, but I thought you had to be under 18 to claim? Don't quote me, but I thought I read something on the consulate website about that. Good Luck

[JimVaPhuong 4,863]

The question is when were you born, and how long had your father resided in the US at that time? The residency requirements to confer citizenship to a child born abroad changed several times over the years. The laws which were in effect at the time you were born will determine what residency requirements will be applied. There's a questionnaire on the page which Harpa provided a link to which describes the different periods in the history of US immigration law, and what the residency requirements were for each period:

http://photos.state.gov/libraries/canada/303578/pdfs/us_citizenship.pdf

The CRBA is not the path you want. CRBA's are for parents claiming citizenship on behalf of their minor child. An adult over 18 years of age would make this claim on their own.

If it turns out you have a basis to claim citizenship then you must complete that process and get a US passport. You won't be eligible for a visa. If it turns out you don't have a claim to US citizenship because your father didn't meet the residency requirement at the time you were born then you just need to provide proof of that to the consulate and you should be able to proceed with the K1 and K2.

You don't ask the US government for dual citizenship. The US doesn't recognize dual citizenship. It just happens to be a quirk of the way that the immigration law works in Canada that becoming a citizen of the US doesn't automatically revoke your Canadian citizenship. Canada would recognize you as a dual citizen, and the US would recognize you only as a US citizen. The only practical difference here is that if you get into trouble in the US then you can't expect the US government to provide you access to the Canadian Embassy. As far as the US is concerned, you wouldn't be a Canadian anymore.

If it turns out that you've got a claim to US citizenship from birth then your child would not derive citizenship from you at birth because you would not have met the residency requirements. You'd have to apply for an IR2 immigrant visa for your child. When your child is admitted into the US in your custody with an immigrant visa then your child would become a US citizen. Make sure you file for a certificate of citizenship and/or US passport for the child to avoid any future problems if your child leaves the US.

[Stephalex 2]

I was born in February 23, 1988.

My father never resided in the States for longer than a year after his 14th birthday, but I don't have any proof or way of proving this.

I do NOT have a claim to US citizenship, but I really don't know how to prove this, do I file for a passport and wait for it to get denied at the next interview I go to or what?

He went across around 1982 but didn't stay for more than a year, he was just doing vacations and trips.. not residency.

[Adil & Jeanne 296]

Many have helped you with a lot of suggestions and they know what they are talking about. You should ask for a certified copy of the statement made by the CO saying your dad is a citizen. My daughter in law was born in the US when her british parents were working here. She has dual citizenship. We also have that agreement with Canada. Your father is US citizen, you also are dual citizen. Just do the paperwork.

[Stephalex 2]

My dad didn't meet his residency requirements, so I'm not sure who to turn to or talk to next. At the K1 Visa office, they told me I'd need an appointment with the Citizen side, so do I just make the appointment, have them say that I don't qualify, and then they notify the K1 office to issue my Visa?

They kept all my paperwork and everything is all certified and approved, I just have to work out this issue.