citizen or not?

[GuidedbyGODkatval 1]

hi vjers.i just want to ask if my daughter is a citizen or not.

my husband is a naturalized USC already when our daughter was born.if we can not provide the CO enough proof that my husband stayed in US for atleast 5 years prior to my conception,what should be the next step?

my visa is on hold because they have to see my daughters CRBA.

a friend told me that my husbands physical presence is not important as long as he is a us citizen,is this true?

thanks

[Deputy Purple 1,294]

Physical presence is an absolute requirement for the child to Qualify for CRBA.

If you've explained to the CO that your husband doesn't meet the Physical Presence Requirement then they shouldn't hold up your Visa unless you've indicated that you'll now have your husband file an I-130 for her so she can come to the US.

BTW, if she gets an IR-2 Visa she will become a US Citizen upon entry into the US.

Edited January 10, 2012 by Bob 4 Anna

[GuidedbyGODkatval 1]

thank you.btw,its a good news for us.my husbands step mom found his old passports.now the 5 year physical presence requirement is now ok.thank GOD.

[NickD 203]

Problem with abbreiations, forget what they stand for. CRBA stands for Consular Report of Birth Abroad. Completely independent of the USCIS with other complications due to resident requirements. Really like to question stuff like these, but get answers like congress made that law, or always been that way.

Hope all is in order, but still dealing with one person with these life or death situations, that never seems right either. Still feel with any of these agencies, "family" is not even a part of their vocabulary. Only time you hear about family values is during election time.