Physical Presence Evidence

[kankerot 0]

My wife is a US Citizen by naturalisation. She has been present in the US since July 1999 until August 2007 when she left to be with me in the UK. She was over 14 when she first entered the USA.

She has left her Pakistan passport in the US and she used it to enter the USA initially in 1999.

We have her Naturalisation certificate. Her USA passport issued in Sept 05.

She has transcripts for years between Fall 2000 and summer 2002 at one college and then another college from summer 2002 until summer 2007 with a break of a year.

She has left the USA between those dates july 1999 and August 2007 for a total of 6 months.

Is this enough evidence to prove physical presence or will I need to cancel the appointment and rebook?

[IcezMan_IcezLady 582]

Physical presence for what? What are you applying for? Add more details

[teeak 224]

Physical presence to report the birth of their child abroad.

She needs to have at least 5 years residence in the US. The school transcripts are good evidence and they should be enough

Possibly look into if she have any bank/credit card transactions from those years as well.

[Boiler 45,717]

Presumably CRBA.

Otherwise why post it here.

She was over 14 when she first entered the USA.

Seems the bigger issue.

[kankerot 0]

Physical presence for what? What are you applying for? Add more details

Sorry for CRBA. Evidence of 5 years in the USA.

Presumably CRBA.

Otherwise why post it here.

Seems the bigger issue.

How so?

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 providing the U.S. citizen parent 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.

All of her years are after she was 14. She moved to the US when she was 16.

Children were born in 2013 and 2015. She has been living with me in the UK since August 2007.

Edited March 8, 2016 by kankerot

[IcezMan_IcezLady 582]

So your wife is a US citizen living abroad. So I assume you are inquiring for your child.

When was the child born?

"If only one parent is an American citizen, provide documentation of his/her actual dates of U.S. residency (in order to transmit citizenship, the U.S. citizen parent must be able to prove that he has been physically present in the U.S. for 5 years prior to the child’s birth, 2 of which were after age 14);"

This means that your wife should have been here 5 year before the birth of the child. Out of which 2 of those years should be after the age of 14.

So basically,

Your wife meets the latter part (which is after the age of 14) but Does she meet the 5 years prior to the birth of the child?

Your wife needs to meet the requirement of the whole statement not just part.

[IcezMan_IcezLady 582]

Sorry for CRBA. Evidence of 5 years in the USA.

How so?

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 providing the U.S. citizen parent 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.

All of her years are after she was 14. She moved to the US when she was 16.

Children were born in 2013 and 2015. She has been living with me in the UK since August 2007.

5 years prior to the birth of the first child was August 2012. Your child was born in 2013. That child and any child after can't obtain citizenship through this route.

Your wife does not meet the Physical Presence requirement.

If she wants to pass on her citizenship to her children she needs to move back.

[kankerot 0]

5 years prior to the birth of the first child was August 2012. Your child was born in 2013. That child and any child after can't obtain citizenship through this route.

Your wife does not meet the Physical Presence requirement.

If she wants to pass on her citizenship to her children she needs to move back.

Wife entered USA in July 99 she only left for a few months until August 2007.

In USA for 8 years.

Have college transcripts plus passports to show about 6 years.

She was 16 when she moved to the USA.

Does that not fulfil the requirements?

[teeak 224]

5 years prior to the birth of the first child was August 2012. Your child was born in 2013. That child and any child after can't obtain citizenship through this route.

Your wife does not meet the Physical Presence requirement.

If she wants to pass on her citizenship to her children she needs to move back.

I'm pretty sure this is incorrect. It doesn't have to be the 5 years immediately before the birth of the child. It's as long as the children were born after US citizenship was obtained and you meet the physical presence requirement.

[IcezMan_IcezLady 582]

I'm pretty sure this is incorrect. It doesn't have to be the 5 years immediately before the birth of the child. It's as long as the children were born after US citizenship was obtained and you meet the physical presence requirement.

You have it wrong... I copied the rule and posted it in my comment.

It specifically says 5yrs presence in the US prior to the birth of the child and 2 of those should be after 2 years after the age of 14.

OP should read this post :

http://www.visajourney.com/forums/topic/360751-crba-physical-presence-issue/

He should read aaron2020's advice.

[IcezMan_IcezLady 582]

Wife entered USA in July 99 she only left for a few months until August 2007.

In USA for 8 years.

Have college transcripts plus passports to show about 6 years.

She was 16 when she moved to the USA.

Does that not fulfil the requirements?

The requirement says 5 years prior. The documents you have show 6 yrs or more. Your wife should have moved back either temporary 1 year earlier or if she had moved away in 2008 instead of 2007.

Your wife has been outside the US since 2007 (9 yrs now), She had her first child 6 yrs after leaving the US. << This is where your missed the requirement.

That is my interpretation of that rule. Search this site for CRBA post and read the posts and replies. You might find similarities in your case.

[newacct 688]

You have it wrong... I copied the rule and posted it in my comment.

It specifically says 5yrs presence in the US prior to the birth of the child and 2 of those should be after 2 years after the age of 14.

OP should read this post :

http://www.visajourney.com/forums/topic/360751-crba-physical-presence-issue/

He should read aaron2020's advice.

No, you are wrong. What it says is correct, but it does not say what you said.

Yes, it says 5 years of physically presence before the birth of the child. She was physically present for 8 years, and those 8 years were before the birth of the child. It is any 5 years (not necessarily continuous) that is before the birth of the child. The 5 years can consist of any periods from the time of her birth, until the birth of her child.

[IcezMan_IcezLady 582]

No, you are wrong. What it says is correct, but it does not say what you said.

Yes, it says 5 years of physically presence before the birth of the child. She was physically present for 8 years, and those 8 years were before the birth of the child. It is any 5 years (not necessarily continuous) that is before the birth of the child. The 5 years can consist of any periods from the time of her birth, until the birth of her child.

Like I said that's my interpretation of the rule..But if your explanation works out for OP, then that's great news for OP and many others too.

Good luck to OP.

[kankerot 0]

You have it wrong... I copied the rule and posted it in my comment.

It specifically says 5yrs presence in the US prior to the birth of the child and 2 of those should be after 2 years after the age of 14.

OP should read this post :

http://www.visajourney.com/forums/topic/360751-crba-physical-presence-issue/

He should read aaron2020's advice.

I have read aaron post and his issue is that naturalisation does not confer the 5 year presence which is correct.

So from the US Embassy website it says 5 years presence prior to the birth. If it mean you need to be present 5 years before the birth of the child the wording would be different.

Ie You must be physically present in the US on or before 5 years before the dob of your child.

This would mean if you were on holiday 5 years ago and had a child, then tough luck as you were not in the country at the time which doesn't make much sense at it would be totally arbitrary as you have no real control over the dob but you do over your own travel arrangements.

[IcezMan_IcezLady 582]

I have read aaron post and his issue is that naturalisation does not confer the 5 year presence which is correct.

So from the US Embassy website it says 5 years presence prior to the birth. If it mean you need to be present 5 years before the birth of the child the wording would be different.

Ie You must be physically present in the US on or before 5 years before the dob of your child.

This would mean if you were on holiday 5 years ago and had a child, then tough luck as you were not in the country at the time which doesn't make much sense at it would be totally arbitrary as you have no real control over the dob but you do over your own travel arrangements.

there's no harm in trying..That's how I understood it but I hope I am wrong.

Good luck and let us know the outcome.