9 months child born in brazil applying for birth abroad

[brazillian 3]

hey guys im applying for my baby girl crba on the US consulate in a couple os days!

here a lil bit about my story

enter the US in 2010 in  a tourist visa

got married in 2013 to us citezen 

2013 became a GC holder

2016 became a US CITIZEN

got divorced in 2016 , and got married in 2017 to a brazillian citiezen before my child was born!

 

i filled out all the paper work for the crba 

and they ask for a 5 year stay in us after the age of 14

 

i only have a couple os documents to take

that dates back to 2013 

such as phone bills, dmv ,insurances letters , old driver license dated back to 2010 and lot of USCIS LETTERS !

from my adjustament of my status, and such!

 

do you guys thinks thats enough to prove to them i stayed more them 5 years in the US before the child is born?

[Mark88 184]

5 minutes ago, brazillian said:

enter the US in 2010 in  a tourist visa

got married in 2013 to us citezen

 

What was your status between 2010 and 2013? Were you in the US illegally?

 

5 minutes ago, brazillian said:

do you guys thinks thats enough to prove to them i stayed more them 5 years in the US before the child is born?

 

Considering the information you provided, probally not. You will probally will face a denial sine there is not sufficient evidence of physical presence.

[brazillian 3]

3 minutes ago, Mark88 said:

 

What was your status between 2010 and 2013? Were you in the US illegally?

 

 

Considering the information you provided, probally not. You will probally will face a denial sine there is not sufficient evidence of physical presence.

form 2010-2013 i was illegall 

 

thats what im concern 

because my wife imigrant visa was approved!

and theres no way i going to leave my baby behind!

 

i can probably get rent contracts from 2010 to 2013 do you think that would help?

 

i do have a lot of stuff paper work with me and my ex wife names on it, 

i was just trying to avoid it 

 

Edited January 19, 2018 by brazillian

[Boiler 45,717]

If you were undocumented then nothing much you can do.

[Mark88 184]

Just now, Boiler said:

If you were undocumented then nothing much you can do.

 

I don't know the law about this, but it would make sense, that your physical presence would have to be in legal status. So I totally agree with Boiler on this.

 

The maximum me seeing you being legally in the US (or having physical presence) is 6 months in 2010 + 3 years from 2013-2016 with a total of 3.5 years.

Let's say the consular officer is having a good day and will round it up to 4. But that is the maximum with you still being one year short.

The more likely case will be, that at least they will not accept any of the 2010-2013 or even scrutinize you because of your illegal status (largely depending on the consular officer) and drag out your case(s) as long as they can.

 

7 minutes ago, brazillian said:

because my wife imigrant visa was approved!

and theres no way i going to leave my baby behind!

 

You do not need to leave your baby behind. You have the option of living in Brazil together for the rest of your life and not emmigrating to the US with your family. I know this sounds hard, but that is what the US law has in place for cases like this. HOWEVER you do have another option of a BTL (baby transportation letter) through the green card of your wife and then ultimatly receiving citzenship for you child through the CCA (Child CItizenship Act) at almost the same time.

The guide how to obtain this is here:

 

 

HOWEVER again, this is what I ment above about the scrutiny you might face: They might drag out the process so long, that the validility of your wifes visa might expire, and you will have to start the whole process+the one for you baby all over again.

[brazillian 3]

8 minutes ago, Mark88 said:

 

I don't know the law about this, but it would make sense, that your physical presence would have to be in legal status. So I totally agree with Boiler on this.

 

The maximum me seeing you being legally in the US (or having physical presence) is 6 months in 2010 + 3 years from 2013-2016 with a total of 3.5 years.

Let's say the consular officer is having a good day and will round it up to 4. But that is the maximum with you still being one year short.

The more likely case will be, that at least they will not accept any of the 2010-2013 or even scrutinize you because of your illegal status (largely depending on the consular officer) and drag out your case(s) as long as they can.

 

You do not need to leave your baby behind. You have the option of living in Brazil together for the rest of your life and not emmigrating to the US with your family. I know this sounds hard, but that is what the US law has in place for cases like this. HOWEVER you do have another option of a BTL (baby transportation letter) through the green card of your wife and then ultimatly receiving citzenship for you child through the CCA (Child CItizenship Act) at almost the same time.

The guide how to obtain this is here:

 

 

HOWEVER again, this is what I ment above about the scrutiny you might face: They might drag out the process so long, that the validility of your wifes visa might expire, and you will have to start the whole process+the one for you baby all over again.

thanks guys!

 

ill still try tho , 

if the give my baby a letter liked you said, to me is fine

i dont mind how she gets in , with a GC or Citezenship as long as she gets in!

so ill wait and see whats going to happen, i have a US appoiment on  jan 26th

so hopefully i can get this done with!

[Mark88 184]

Do prepare on being stuck in Brazil longer than you expected though.

[Mark88 184]

6 minutes ago, brazillian said:

if the give my baby a letter liked you said, to me is fine

 

They won't just "give" it to you. You need a CRBA denial first, and then it will depend if you can get the BTL under your wife's GC. If this is not the case you will have to go through another I-130 process for you child which can take anywhere from 1-2 years (maybe faster if you're lucky). By that time your wifes GC has expired and you will need to go through the process with her again, too.

[jan22 3,056]

On 1/19/2018 at 8:34 AM, Mark88 said:

 

I don't know the law about this, but it would make sense, that your physical presence would have to be in legal status. So I totally agree with Boiler on this.

 

The maximum me seeing you being legally in the US (or having physical presence) is 6 months in 2010 + 3 years from 2013-2016 with a total of 3.5 years.

Let's say the consular officer is having a good day and will round it up to 4. But that is the maximum with you still being one year short.

The more likely case will be, that at least they will not accept any of the 2010-2013 or even scrutinize you because of your illegal status (largely depending on the consular officer) and drag out your case(s) as long as they can.

...............

Completely wrong on this point.  As long as it can be documented in some convincing way, the time spent in illgal status does, in fact, count towards the physical presence requirement.  It is exactly what it says -- a physical presence requirement -- meaning you were physically in the US, and not a residency requirement (legal status).  Your old driver's license(s), old rental/lease agreements, medical records, work records, information you submitted to USCIS that included the dates of your unlawful presence that was waived for your green card application, etc --anything to show ALL of your time in the US -- should be sumitted.

Edited January 20, 2018 by jan22