USC is dual citizen and living abroad for 27 years - how to reestablish domicile PLUS CRBA

[leneresu 0]

So here's my case, my husband is a USC but also holds a Philippine passport as well. His parents are Filipino and he's the only USC in the family. He was born in the US but came back to the Philippines when he was 6-7mos old, and has lived here since, until now. He only goes to US for short visits (he has relatives living in the US, and are USCs as well), but haven't stayed in the US longer than 3 weeks. He has SSN, but I'm not sure if it's active (I'm assuming that it's not), and basically that's all.

Our I-130 was already approved, and we're now preparing DS-260, we have gathered documents (from his Aunt, which will be our joint sponsor), but we're having difficulties in the domicile part, as we don't have anything except for the SSN.

My other concern is that, I thought we could file CRBA for our son (only 4mos old) since it will be easier to process, unfortunately I've read that:

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."

Please, please help us how to do this.

For the reestablishment of domicile, my husband wants to go back/reestablish if and only if we go with him (so basically if we get IVs/Green Cards), but what proofs can we give to give enough evidence that we are really, in good faith, intend to go back to US once me and my son are granted entrance visa/and/or CRBA.

TIA for the help!

[Ed and Gina 45]

So here's my case, my husband is a USC but also holds a Philippine passport as well. His parents are Filipino and he's the only USC in the family. He was born in the US but came back to the Philippines when he was 6-7mos old, and has lived here since, until now. He only goes to US for short visits (he has relatives living in the US, and are USCs as well), but haven't stayed in the US longer than 3 weeks. He has SSN, but I'm not sure if it's active (I'm assuming that it's not), and basically that's all.

Our I-130 was already approved, and we're now preparing DS-260, we have gathered documents (from his Aunt, which will be our joint sponsor), but we're having difficulties in the domicile part, as we don't have anything except for the SSN.

My other concern is that, I thought we could file CRBA for our son (only 4mos old) since it will be easier to process, unfortunately I've read that:

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."

Please, please help us how to do this.

For the reestablishment of domicile, my husband wants to go back/reestablish if and only if we go with him (so basically if we get IVs/Green Cards), but what proofs can we give to give enough evidence that we are really, in good faith, intend to go back to US once me and my son are granted entrance visa/and/or CRBA.

TIA for the help!

SSN's don't expire or become inactive. As for filing CRBA...that's out of my league. Good Luck!!!

[aaron2020 11,651]

Hi,

Your husband can not file a CRBA for your son since he does not meet the physical presence requirement. Your son is not a US citizen. Your husband will need to file a separate I-130 for your son. (You will need your own I-130.). He should cite your case and ask for an expedite to catch your son's case to your case.

Domicile is easy. Have his relative prepare a lease for him, he can rent a room from them. Send in a proof he is looking for work in the US. Provide proof he look into local banking.

In addition,has your husband been filing his US tax returns as required? He will need proof that he filed or was excused from filing to get immigration visas for you and your son. US citizens are taxed on their worldwide income even if nothing is earned in the US.

Edited June 25, 2014 by aaron2020

[leneresu 0]

Thanks a lot Ed and Ginna, and aaron2020!

As for proof that he's looking for work in the US, would the schedule of (online) interviews be enough? And for the looking into local banking, like having the forms and filling them up would suffice?

He's not filing his tax returns, and I don't think he's aware of the process, since he's been in the Philippines his whole life. Would anyone know how/what's the process for this?

Thank you!