CRBA and Passport

[Villanelle 4,122]

Situation F:  My child was born out of wedlock, out of a U.S. citizen father and a non-U.S. citizen other parent: You must bring evidence as per situation B, i.e. the U.S. citizen parent has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

Physical presence means the actual time you were in the United States.  It is an exact accounting.  If you were a student in the United States, for an academic year and went abroad for the summer for instance, you have only 9 months of physical presence, not 12. There is no waiver.  The exceptions to being on U.S. soil are for active U.S. military or U.S. government service overseas only.

 

Situation B:  My child was born in wedlock, out of a U.S. citizen mother and a non-U.S. citizen parent: The U.S. citizen parent must present evidence she or he has been physically present in the United States for a minimum of five years total, two at least must have been after age 14.

 

 

How can you prove it?

There are several ways to prove physical presence in the U.S.  Documents showing physical presence over time are the best.

Some examples of documentary evidence may include (but are not limited to):

Academic transcripts:
Certified/official high school or university transcripts, military records and official vaccination records are often excellent documents to present.  Other types of documents are also acceptable if they have the cumulative effect of showing presence over time.  A diploma does not necessarily show presence over time.

Employment records & Social Security:
Employment and court records (including incarceration records) can also be used to prove physical presence.  A Social Security statement can be helpful, but because income can be earned outside the U.S., it should be supported by other evidence.  To access and print a copy of your Social Security statement, visit this website: http://www.ssa.gov/mystatement/.

Medical Records:

Medical records showing treatment or care over a period of time are often helpful.  (Pre-natal records, early child immunization records, lengthy treatments, etc.)

Rental receipts:
Rent paid, rental contracts, etc…

Military / U.S. Government service:
Records of U.S. military service, employment with the U.S. government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service are helpful.  If you were an unmarried U.S. citizen partner to someone in the circumstances listed above, this doesn’t count toward your physical presence.

Travel records:
U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence.  We only review these in the absence of any other evidence, as it is time consuming for our staff.

Note: Birth certificates or drivers’ licenses do not constitute evidence of physical presence.

 

https://nl.usembassy.gov/u-s-citizen-services/child-family-matters/birth/proof-physical-presence/  This may not be your Embassy but CBRA is the same everywhere. Sometimes you can find more detailed info on other Embassies webpages. They tend to tailor their webpages to whats common to them. 

 

 

I think the issue is you can be employed by a US employer and get paid but that doesnt mean you were actually in the US. People travel for work all the time and as its explained its an exact accounting. I believe you can get bank statements. Try logging into the bank online and see how far back it can go. It will direct you on how to get stuff from even further back. May require fees and take a bit of time for them though. If your lease was with a large apt complex that is still operating they may be able to get you a copy of it. Medical records may also be a good path to explore. You can contact your Dr or insurance company. (insurance company may also have records online)

[Ionelissy 0]

My follow up:

 

DNA test was required for both of our children, we did the DNA test and our CRBA cases were approved!

 

I would like to ask, since we already applied for the children's passports at the same time with CRBA, will they automatically be processed based on the CRBA approval, or do we need to contact the passports department to resume applications?

Edited September 5, 2021 by Ionelissy

[jan22 3,053]

On 9/5/2021 at 7:50 AM, Ionelissy said:

My follow up:

 

DNA test was required for both of our children, we did the DNA test and our CRBA cases were approved!

 

I would like to ask, since we already applied for the children's passports at the same time with CRBA, will they automatically be processed based on the CRBA approval, or do we need to contact the passports department to resume applications?

They should be processed without any further action from you.

[Ionelissy 0]

CRBA and passports received, children are now US citizens.

Edited September 24, 2021 by Ionelissy

[Chancy 6,241]

On 9/24/2021 at 7:22 PM, Ionelissy said:

CRBA and passports received, children are now US citizens.

 

Their CRBA being approved means your children are acknowledged as being US citizens since their birth.  Congratulations on getting their documents!

 

[bondy88 6]

 I have a couple of questions hoping someone can shed some light on it.

1. Do I need to fill out DS5507 even though I (US citizen) father and my wife (foreigner)  will both attend the interview?

2. For 5 years presence-- would original W2's be enough for the past 5 years? I also have weekly paystubs for the past 5 years in question (I know, I am weird lol) and Tax Return transcripts that I printed online from IRS.gov as well as social security statement. Would these be enough or do I have to go full on crazy and print my bank statements for the past 5 years or so and car insurance documents?

[Ionelissy 0]

1 hour ago, bondy88 said:

 I have a couple of questions hoping someone can shed some light on it.

1. Do I need to fill out DS5507 even though I (US citizen) father and my wife (foreigner)  will both attend the interview?

2. For 5 years presence-- would original W2's be enough for the past 5 years? I also have weekly paystubs for the past 5 years in question (I know, I am weird lol) and Tax Return transcripts that I printed online from IRS.gov as well as social security statement. Would these be enough or do I have to go full on crazy and print my bank statements for the past 5 years or so and car insurance documents?

1. yes, I belive you need to fill that out and include it with your other documents (make sure you write exact presence dates as they will check to see if they match with your passport stamps!)

2. W2´s only for the past 5 years will not be enouth. They want to see a lot of evidence, such as house rental contracts, schools attented, Social Security history earnings report, credit card statements, credit bureau reports with addresses you have lived at, utility bills with your addresses and maybe more, just be prepared to show them at least 10 years of phisical presence, otherwise they will not aprove your case and will ask you to bring more evidence. Also they will insist to see your current and former passport to check the dates you left and entered in USA.

(For tax returns don't even bother, they do not count it as proof of phisical evidence. Taxes and bank statements are not considered as proof since you can have it recorded even by living overseas)

Edited January 2, 2022 by Ionelissy

[Jose Campos 3]

On 1/2/2022 at 2:39 PM, bondy88 said:

 I have a couple of questions hoping someone can shed some light on it.

1. Do I need to fill out DS5507 even though I (US citizen) father and my wife (foreigner)  will both attend the interview?

2. For 5 years presence-- would original W2's be enough for the past 5 years? I also have weekly paystubs for the past 5 years in question (I know, I am weird lol) and Tax Return transcripts that I printed online from IRS.gov as well as social security statement. Would these be enough or do I have to go full on crazy and print my bank statements for the past 5 years or so and car insurance documents?

Hopefully I can share some helpful information for you but here it is:

 

Regarding question 2: No, original W2 will not be enough evidence, not even tax returns. Bank statements or bank accounts are not evidence neither because anyone could have your debit or credit card and use it in the united states while you are abroad. In my personal experience, the consul asked me for immigration records from my two citizenships and also school transcripts. I went to High School and College here in the United States. After I submitted those documents by email I was able to get my child's CRBA and US Passport. Process was quick, less than 3 weeks from the first interview.