Question on the Report of Birth Abroad

[stuy1771 0]

I have a question to see if anyone knows, or has experienced... My wife is here in Canada with me on a permanent resident card, and she is from the USA, my son was born in the USA and when we came to Canada he was given dual citizenship when we filed for my wife's permanent residence. When I was there I was on a student visa that expired, so we moved back and have been living in Canada for seven years, so I can't just apply for adjustment of status, so we have mailed my I-130, but my daughter was born in Canada we made an appointment at the us consulate here in Vancouver but it says my wife should have been living there in the last five years before my daughters birth,or my wife at least have been living there for more than five years in her lifetime? so would we be denied since we moved here in 2006, and my daughter was born in 2010?

[jan22 3,056]

I think you're confused about what they are asking for. They need information on where your wife (the US citizen) has physically been during her life. What they are looking for is that she was physically present in the U.S. for a total of at least five years prior to your daughter's birth. It doesn't have to be the five years immediately before the birth -- it's any five years. Two of those five must have been after your wife turned 14, but it doesn't sound like that's a problem. So, if your wife grew up it and went to school in the U.S., you shouldn't have any problem. Good luck.

[Penguin_ie 5,994]

***** Moving from Bringing Family to CRBA ****

[Kate52 5]

I have a question to see if anyone knows, or has experienced... My wife is here in Canada with me on a permanent resident card, and she is from the USA, my son was born in the USA and when we came to Canada he was given dual citizenship when we filed for my wife's permanent residence. When I was there I was on a student visa that expired, so we moved back and have been living in Canada for seven years, so I can't just apply for adjustment of status, so we have mailed my I-130, but my daughter was born in Canada we made an appointment at the us consulate here in Vancouver but it says my wife should have been living there in the last five years before my daughters birth,or my wife at least have been living there for more than five years in her lifetime? so would we be denied since we moved here in 2006, and my daughter was born in 2010?

When we filed for citizenship for our two kids we provided documentation from social security admin proving my husband's presence in the usa for seven years. It was a fancy looking document (red ribbon/seal etc) called a "Certification of Extract from Records". We had them extract info for 7years. It included his income (from tax filings) but it also included names, address and employer numbers of companies he worked for during that period. We didn't get the kids citizenship until they were older (missed out on all the US child tax credits).

The Consulate was very helpful in assisting us with the application.