CRBA denial -Out of welock born abroad

[am2847 1]

Hello, I am getting ready to request the CRBA for my daughter, I am the mother and US Citizen, father is brazilian, we are not married nor plan to get merried.

I already know the officer will give me trouble for my continuous residency, as I work travelling and have always left the country before a year was completed.

The only time I have no stamps in the passport is when I got married to my previous husband and waited until I became a permanent resident (2005-2007); for the whole year and a few months I waited, I couldn't leave. I have bank account statements from my bank in Brazil, since I was using it until I got permission to work (and open a bank account, DL, etc). The statements show the address in the USA where I used the card almost everyday, but not everyday. I have visas, USCIS correspondence but not much else. I was living in a USMC base in the middle of the desert with my previous husband (who is now deceased) and I couldn't go to school; I have a volunteer certificate for the red cross where I volunteered.

 

As you can see, it will probably be a "no" but I know I still need the denial letter to be able to take the next step, which is the I-130. 

 

So that's my question: after CRBA denial, this is my only choice, to file for an I-130? Again, citizen mother, child born out of wedlock, we are in Brazil since she was born. There are all these choices for children that are already in the U.S., but as far as I could see in my research, I wound't have another option.

 

After I-130 approval, and after flying to the US with my baby, I could then file for a N-600 and a passport for her?

 

I just want to make sure I am not missing anything! Thank you!!!

 

[Boiler 45,717]

Do you have a US domicile?

[jan22 3,056]

The law changed last year and the requirement is no longer a year of continuous presence for mothers of a chill born out of wedlock.  It is now the same for any US citizen parent of a child born in or out of wedlock -- a total of 5 years physical presence, with at least two years after the parent was 14 years old. 

 

Note -- the standard is physical presence, not residency or domicile.  Any time you were physically in the US prior to the child's birth counts, even vacation for example.

[am2847 1]

On 6/6/2019 at 1:35 PM, jan22 said:

The law changed last year and the requirement is no longer a year of continuous presence for mothers of a chill born out of wedlock.  It is now the same for any US citizen parent of a child born in or out of wedlock -- a total of 5 years physical presence, with at least two years after the parent was 14 years old. 

 

Note -- the standard is physical presence, not residency or domicile.  Any time you were physically in the US prior to the child's birth counts, even vacation for example.

Isn't this only for children born after June 12, 2017? Or did it change again after 2017?

[am2847 1]

On 6/6/2019 at 1:13 PM, Boiler said:

Do you have a US domicile?

I do have a mailing address in the U.S., which is a friend's house that I usued to be roomates with. We plan to continue this once I get back, but I am not paying bills in that address nor I am on the lease. Why this question? Does the situation changes if I do (or don't) have a domicile? I have been living abroad for almost 3 years.

[am2847 1]

4 minutes ago, am2847 said:

Isn't this only for children born after June 12, 2017? Or did it change again after 2017?

My daughter was born on May 3rd, 2017.

 

• the child was born prior to June 12, 2017, and the mother was previously physically present in the U.S. for a continuous period of 1 year; or
• the child was born on or after June 12, 2017, and the mother was previously physically present in the U.S. or its outlying possessions for periods totaling not less than 5 years, at least 2 of which were after age 14.

[Boiler 45,717]

I am not familiar with what Brazil expects to see in the way of domicile some are more picky than others but I would expect something more than a borrowed address.

[jan22 3,056]

4 hours ago, am2847 said:

Isn't this only for children born after June 12, 2017? Or did it change again after 2017?

Sorry -- you're right.  I made a wrong assumption that you just had your child.  It will take 12 continuous months -- without ever having look left the US.

[am2847 1]

On 6/12/2019 at 4:17 PM, jan22 said:

Sorry -- you're right.  I made a wrong assumption that you just had your child.  It will take 12 continuous months -- without ever having look left the US.

So if the officer feels I do not have enough evidence to prove this continuous presence for a year and denies it, the next step would be the I-130, correct? And after that the N-600 after we both arrive in the U.S.? I'm just trying to confirm what I have researched. Thank you!

[am2847 1]

On 6/12/2019 at 12:21 PM, Boiler said:

I am not familiar with what Brazil expects to see in the way of domicile some are more picky than others but I would expect something more than a borrowed address.

I don't understand what you mean and why having an address in the U.S. matters; I did have a 4 year lease in the U.S. under my name, phone bills, electric bills, car loan bills, car insurance, school records but for the continuous presence, you have to show you never left and they tend to be a lot more picky about dates. Since I worked as a stewardess, I left the country all the time for work, aboard a U.S. vessel, but still.. I am living in Brazil for three years now, I am a U.S. Citizen mother and I am trying to get the CRBA for my daughter who is 2 years old.

[arken 4,197]

1 hour ago, am2847 said:

So if the officer feels I do not have enough evidence to prove this continuous presence for a year and denies it, the next step would be the I-130, correct? And after that the N-600 after we both arrive in the U.S.? I'm just trying to confirm what I have researched. Thank you!

That’s correct. It seems even you are doubting your continuous presence.

[SusieQQQ 11,587]

2 hours ago, am2847 said:

I don't understand what you mean and why having an address in the U.S. matters; I did have a 4 year lease in the U.S. under my name, phone bills, electric bills, car loan bills, car insurance, school records but for the continuous presence, you have to show you never left and they tend to be a lot more picky about dates. Since I worked as a stewardess, I left the country all the time for work, aboard a U.S. vessel, but still.. I am living in Brazil for three years now, I am a U.S. Citizen mother and I am trying to get the CRBA for my daughter who is 2 years old.

Having an address in the US matters if you want to get an I130 approved for your child (seeing as CRBA doesn’t seem to be working). You need to either show domicile or intent to re-establish domicile to get the I130 approved - usually a practical issue too as it is hard to have a US income if you don’t live there (unless you have a co-sponsor). I believe Boiler’s point was that a mailing address at a friend’s house would almost certainly not be sufficient to establish domicile.  Of course you can only apply for N600/passport for the child after you land with an immigrant visa (via i130) if you will actually be living in the US, this is also a uscis requirement. Family based visa in the US are for family reunification within the US, they are not just “ancestry visas” like some other countries have.

Edited June 14, 2019 by SusieQQQ

[jan22 3,056]

3 hours ago, am2847 said:

So if the officer feels I do not have enough evidence to prove this continuous presence for a year and denies it, the next step would be the I-130, correct? And after that the N-600 after we both arrive in the U.S.? I'm just trying to confirm what I have researched. Thank you!

That's almost right.  Once you have the immigrant visa and your daughter enters the US and is admitted to live as a legal resident in your physical custody -- and she is under 18 -- she immediately becomes a US citizen under the Child Citizenship Act of 2000.  No N-600 is needed.  You can immediately apply for a US passport for her.  You may choose to file for a Certificate of Citizenship at some point, just to have that documentation, but it is not ever required.

Edited June 14, 2019 by jan22

[am2847 1]

On 6/14/2019 at 11:20 AM, arken said:

That’s correct. It seems even you are doubting your continuous presence.

I worked as a stew and dive intructor for years while living in the U.S. -I  spent 12 years living there, but always left on weekend trips to the Bahamas, on a U.S. Flagged ship but still... I was in Nursing school for two and a half years and rented an apartment for over 5 years but I still cannot claim continuous residence. After seeing what people have gone through, I feel that I might not have a chance so I am trying to make sure I stay ahead on the information I have.

[am2847 1]

On 6/14/2019 at 12:40 PM, SusieQQQ said:

Having an address in the US matters if you want to get an I130 approved for your child (seeing as CRBA doesn’t seem to be working). You need to either show domicile or intent to re-establish domicile to get the I130 approved - usually a practical issue too as it is hard to have a US income if you don’t live there (unless you have a co-sponsor). I believe Boiler’s point was that a mailing address at a friend’s house would almost certainly not be sufficient to establish domicile.  Of course you can only apply for N600/passport for the child after you land with an immigrant visa (via i130) if you will actually be living in the US, this is also a uscis requirement. Family based visa in the US are for family reunification within the US, they are not just “ancestry visas” like some other countries have.

I will be returning to the U.S. permanently, not temporarily. Do you think being in a contract for the lease of an apartment is enough? I am already arranging an apartment rental from here. What about a job offer? My old employer is ready to give me a job whenever I return and I will be also attending a Master's program, which will be paid by a VA scholarship, which includes Basic Housing Allowance, which is enough to pay for rent, utilities and groceries. I will also be able to show a reasonable amount of money in my savings account. Are these things enough?