If I don't qualify for the CRBA physical presence requirement, whats my next step?

[looniepie 1]

I’m a US citizen and my husband is a Philippine National. I’ve lived here since I was 13 years old and after looking through my old passports, found that don’t qualify for the physical presence requirement. 

 

I’ve read people’s suggestions that a grandparent’s physical presence in the US may be used for this requirement? Both of my parents (alive) were US citizens before I was born and I was also born in the US and have stayed way longer than I have. If this is allowed, what should I do? Apply for a CRBA anyways? I haven’t actually read any stories of people going through this route.

 

If a grandparents physical presence won’t work, do I still apply for a CRBA just to get rejected? I’ve read about a n-600 form but am honestly confused about the mechanics of it.

 

We want to relocate to the US permanently as soon as we are allowed to but as a family. I’m apply for my husbands I-130, should I do the same for my daughter? Also, my husband may be sponsored for a work visa in California. If that pushes through, would it be allowed (and/or easier) to work on his immigrant visa or green card while in the US?

 

If you can, please specify the form names w/ their perspective codes because all of it can be a bit confusing to me. 

 

Thank you so much for any help or feedback! 

[Mark88 183]

11 hours ago, looniepie said:

I’ve read people’s suggestions that a grandparent’s physical presence in the US may be used for this requirement? Both of my parents (alive) were US citizens before I was born and I was also born in the US and have stayed way longer than I have. If this is allowed, what should I do? Apply for a CRBA anyways? I haven’t actually read any stories of people going through this route.

You can either go the N-600 or I-130 route for your child. A story can be found here:

 

11 hours ago, looniepie said:

If a grandparents physical presence won’t work, do I still apply for a CRBA just to get rejected? I’ve read about a n-600 form but am honestly confused about the mechanics of it.

 

You will have to apply for CRBA enable to get a letter of danial. Once you have this, you can go one of the other routes.

 

11 hours ago, looniepie said:

We want to relocate to the US permanently as soon as we are allowed to but as a family. I’m apply for my husbands I-130, should I do the same for my daughter? Also, my husband may be sponsored for a work visa in California. If that pushes through, would it be allowed (and/or easier) to work on his immigrant visa or green card while in the US?

 

 

An immigrant visa will always be easier, safer and more reliable than a work visa. Also apply together with your husband and child. So wait until you sorted out the citizenship status of your child until you do anything. It will be easier applying together than sorting it out at the end. 

Edited August 18, 2019 by Mark88

[geowrian 22,337]

*self deleted - reading could have been incorrect*

Edited August 18, 2019 by geowrian

[Mark88 183]

4 minutes ago, geowrian said:

Well, not really "either" as the individual either is or is not a US citizen, and an I-130 cannot properly exist with a US citizen beneficiary.

Although as you noted, one may need to go through the process of determining if they are a USC or not first.

 

It is either. Either the child qualifies because the grandparents fulfilled the physical presence requirements, or she can file an I-130 for her child. Both will lead to the same result of the child receiving citizenship. Which route is chosen, is up to the OP.

[geowrian 22,337]

18 minutes ago, Mark88 said:

It is either. Either the child qualifies because the grandparents fulfilled the physical presence requirements, or she can file an I-130 for her child. Both will lead to the same result of the child receiving citizenship. Which route is chosen, is up to the OP.

Right - I misread what you meant by "either" as in it was a choice (inclusive OR). I edited my comment as I can see the other reading (exclusive OR).

[looniepie 1]

On 8/18/2019 at 2:40 PM, Mark88 said:

An immigrant visa will always be easier, safer and more reliable than a work visa. Also apply together with your husband and child. So wait until you sorted out the citizenship status of your child until you do anything. It will be easier applying together than sorting it out at the end. 

Hi! Thank you so much for your reply.

 

Do you mean I should apply for my husband's immigrant visa and my daughter's CRBA at the same time?

Edited August 20, 2019 by looniepie

[looniepie 1]

On 8/18/2019 at 2:40 PM, Mark88 said:

You will have to apply for CRBA enable to get a letter of danial. Once you have this, you can go one of the other routes.

Since I know that I don't meet the qualifications for the CRBA, is it possible to just skip it completely? It just seems like a waste of $1k if I know I'm going to be rejected. 

[Mark88 183]

1 hour ago, looniepie said:

Do you mean I should apply for my husband's immigrant visa and my daughter's CRBA at the same time?

 

First the CRBA to get a letter of denial, then apply for the immigrant visa(s).

 

1 hour ago, looniepie said:

Since I know that I don't meet the qualifications for the CRBA, is it possible to just skip it completely? It just seems like a waste of $1k if I know I'm going to be rejected. 

 

The CRBA cost 100$, not 1K$.

https://il.usembassy.gov/u-s-citizen-services/child-family-matters/birth/fees/

 

Inable to apply for an immigrant visa for your child, you will need the letter of denial. Just don't apply for the passport at the same time to save that money.

[looniepie 1]

On 8/20/2019 at 1:47 PM, Mark88 said:

 

First the CRBA to get a letter of denial, then apply for the immigrant visa(s).

 

 

The CRBA cost 100$, not 1K$.

https://il.usembassy.gov/u-s-citizen-services/child-family-matters/birth/fees/

 

Inable to apply for an immigrant visa for your child, you will need the letter of denial. Just don't apply for the passport at the same time to save that money.

In your experience, has it been easier to go through the immigrant visa route or N600? What would you recommend and which is cheaper? 

[Mark88 183]

On 10/30/2019 at 5:01 AM, looniepie said:

In your experience, has it been easier to go through the immigrant visa route or N600? What would you recommend and which is cheaper? 

If you do the immigration process for your husband, it will be more efficient since it will be done and finished at the same time.

[Thickny 2]

Reading this thread. Makes my heart pumps so fast. Im very nervous. they received our papers yesterday. Now we are waiting for their email for our appointment. The physical presence we can only show them is the employment letter and tax records while my husband is working in the U.S. i pray thats enough for them to see. Or i dont know what more we can show. after we get married he stayed here in the philippines. He is a dual citizen btw.