URGENT, spouse/daughter on ESTA.

[Illiria 980]

1 hour ago, katie1996 said:

 

in reply to JFH -

 

 

my husband was not stationed in the UK, we met in the UK in high school, he is a duel citizen, he moved back over to the USA in 2016, ( he moved from the USA to the UK when he was 5 years old )  he enlisted in the USMC and has been stationed only ever in the USA. 

 

I gave birth in a civilian hospital, in the UK as that is where I am from, where my family are. Realising now that it would have been alot easier immigration wise to have had her in the USA. she is just 4 months old, and we can file for a CRBA come this May as that is when my husband has been in the USA for a total of 5 years, 2 of which have been when he is over the age of 14. We arent worried about our daughters situation, it is the most straight forward part of our whole process.  the only annoying thing about it is we will have to get her birth abroad cert in London, so thats ANOTHER trip across the pond with a baby! Tiring stuff. 

Ah so your daughter isn’t a us citizen, and can’t file a crba. The residency of the us parent must have been prior to birth of child. So no need to go back to London. 

 

This makes this so much easier.

 

Two ways of doing this, but I need this question answered to see if you qualify for both - does your husband have a us citizen parent who meets the five year residency with at least two years after they were fourteen?

Edited January 15, 2018 by Illiria
Clarifying

[katie1996 0]

1 minute ago, Illiria said:

Ah so your daughter isn’t a us citizen, and can’t file a crba. The residency of the us parent must have been prior to birth of child.

 

This makes this so much easier.

 

Two ways of doing this, but I need this question answered to see if you qualify for both - does your husband have a us citizen parent who meets the five year residency with at least two years after they were fourteen?

perhaps I wasnt clear, sorry!
 

my husband IS a US citizen, he was born here. he lived in the USA until he was 5, then moved to the UK, he then lived in the UK until 2016, he has been in the USA nearly 2 years. 

 

 

[Illiria 980]

2 minutes ago, katie1996 said:

perhaps I wasnt clear, sorry!
 

my husband IS a US citizen, he was born here. he lived in the USA until he was 5, then moved to the UK, he then lived in the UK until 2016, he has been in the USA nearly 2 years. 

 

 

No you were clear, he needed to have had five years two of which are past age of 14 prior to your child’s birth to qualify for passing on citizenship. 

 

Therefore your daughter didn’t get citizenship at birth

 

My husband was the same, in us until five and moved back for a year, and I have researched this extensively when I thought we would have our daughter in the U.K. 

Edited January 15, 2018 by Illiria

[payxibka 10,047]

1 minute ago, katie1996 said:

perhaps I wasnt clear, sorry!
 

my husband IS a US citizen, he was born here. he lived in the USA until he was 5, then moved to the UK, he then lived in the UK until 2016, he has been in the USA nearly 2 years. 

 

 

Your husband is a USC but cannot pass citizenship to your daughter because he needed to have the time spent in country WHEN your child was born.  This is not something that accrues after the birth.

[katie1996 0]

Just now, payxibka said:

Your husband is a USC but cannot pass citizenship to your daughter because he needed to have the time spent in country WHEN your child was born.  This is not something that accrues after the birth.

I am sorry again, he has been in the USA for the past 2 years, and 5 years from the ages of 0-5, how does that make her not eligible? 

[payxibka 10,047]

2 minutes ago, katie1996 said:

I am sorry again, he has been in the USA for the past 2 years, and 5 years from the ages of 0-5, how does that make her not eligible? 

You said that the 2 years after age 14 is in May

 

How many months in country was he on the day she was born?

Edited January 15, 2018 by payxibka

[katie1996 0]

51 minutes ago, Boiler said:

You misunderstand CRBA

?

[katie1996 0]

Just now, payxibka said:

You said that the 2 years after age 14 is in May

Correct. 

 

So she is not eligible? her granddad lived in the USA all his life, was also in the USMC, married her grandmother who lived in the USA for somewhere close to 10 years. Does this mean she can get the CRBA?

[katie1996 0]

1 minute ago, katie1996 said:

Correct. 

 

So she is not eligible? her granddad lived in the USA all his life, was also in the USMC, married her grandmother who lived in the USA for somewhere close to 10 years. Does this mean she can get the CRBA?

could we not just file for the CRBA come May? 

 

An immigration lawyer advised us that we could just do this? 

[payxibka 10,047]

5 minutes ago, katie1996 said:

could we not just file for the CRBA come May? 

 

An immigration lawyer advised us that we could just do this? 

The claim to citizenship is based on the day she was born.  The physical presence test needed to have been met on or before that day.

[katie1996 0]

1 minute ago, payxibka said:

The claim to citizenship is based on the day she was born.  The physical presence test needed to have been met on or before that day.

Ahh, I understand. 

Her grandparents were in the USA, one of them all their lives, served in the USMC also. her grandmother was in the USA for around 10 years, would this help at all? 

[payxibka 10,047]

Not that I am aware of, but if there is hopefully someone will answer soon

[caliliving 606]

8 hours ago, katie1996 said:

Hey! We REALLY need any advice!

 

Our situation is pretty complicated so I'll bullet point it all. 

 

 

- we have been together nearly 3 years and married for 1 year this May.

- I am on an ESTA visa, it runs out at the end of this month, as is my daughter.

- my daughter is technically a US citizen, however she was born in the UK, we were married when she was born. (HOW DO WE GET HER CITIZENSHIP PROVEN?) 

- We have been told we will be facing large fines, and possibly banned from the USA if we file or permanent residency whilst I am on the ESTA visa, is this true? your experiences?

- my husband is in the USMC, stationed in NC, is there anything that the military can do to help us? (base legal do not help, at all) 

- we have been told that myself and our daughter NEED to go back to the UK at the end of the month, before our ESTA runs out and then apply for the B1/B2 visa, THEN apply for the I-130

- we have also been told that on ALL paperwork we put my address back in the UK, and I have my interview / medial exam at the London Embassy.

- can i travel back and forth to the UK/USA on a B1/B2 visa if the I-130 is in process? 

- after we file for the I-130, what next??? 

 

thank you so much in advance!

 

 

Calm
Take a breath!!! BREATHE!!! you are FINE!!!
please just file AOS and do not leave until you do
your daughter is a USC bc of her mother. 
you need to take care of your greencard before you can leave!!! so file for your greencard asap and all overstay and unuauthorized work is forgiven:) 

[payxibka 10,047]

2 minutes ago, caliliving said:

Calm
Take a breath!!! BREATHE!!! you are FINE!!!
please just file AOS and do not leave until you do
your daughter is a USC bc of her mother. 
you need to take care of your greencard before you can leave!!! so file for your greencard asap and all overstay and unuauthorized work is forgiven:) 

How can Mom pass citizenship is she is not a  US citizen

Edited January 15, 2018 by payxibka

[caliliving 606]

28 minutes ago, katie1996 said:

perhaps I wasnt clear, sorry!
 

my husband IS a US citizen, he was born here. he lived in the USA until he was 5, then moved to the UK, he then lived in the UK until 2016, he has been in the USA nearly 2 years. 

 

 

Unless i am confused then get your greencard and if your child can not get it under your spouse then your child can get the greencard under you!
dont leave until you have the greencard:) 
your husband needs to petition for you and your child!