Proof of Physical Residence as a Baby

[HRQX 4,145]

7 hours ago, iCodeClean said:

Does that mean that we can get it sooner that the regular processing time of 9-14 months?

The form processing time is still many months. I used the word "expeditious" because DOS used it: https://fam.state.gov/fam/09fam/09fam040202.html

 

You should present your best case for CRBA as plan A. Then, if needed, do N-600K as plan B.

[orangeal 12]

On 8/12/2021 at 3:36 PM, iCodeClean said:

Hi again!

 

After some research, I’ve found out that it can be quite cumbersome to find some proof. On the other hand, I’ve found something which would be much more easy for us.

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.322_12

This says the following:

 

 

The father of my wife always lived and still lives in the US. If I understand it correctly, that should be sufficient enough as proof right?

Would an affidavit by her father help in this case?

[iCodeClean 20]

1 hour ago, HRQX said:

The form processing time is still many months. I used the word "expeditious" because DOS used it: https://fam.state.gov/fam/09fam/09fam040202.html

 

You should present your best case for CRBA as plan A. Then, if needed, do N-600K as plan B.

Thank you. I didn't even know that there is a difference and that we can also go the CRBA route! We will look into it. We also have an appointment with an immigration lawyer tomorrow, because I got confused after reading many different things. I think the lawyer can clear some things up for us, since we want to avoid going a slow or not optimal route for our situation. We will also ask her about the CRBA tomorrow.

 

35 minutes ago, orangeal said:

Would an affidavit by her father help in this case?

An affidavit would help, but wouldn't be sufficient. It would only support evidence.

What definitely helps is that he always lived in the US, and that we can provide proof of that. In this case, we only have to provide physical presence of my father in law, alternatively to my wife's. However, instead of the physical presence requirement being only 1 year, it will be 5 years.

 

But we'll see what the lawyer recommends to us. I think she should know best. All the answers here helped me finding ways and things I didn't know about. I'll use everything in a summary from here, and ask her about the best options.

[iCodeClean 20]

Hi once more!

 

I’ve had the meeting with the immigration attorney today, and the basically said that we should first file for the CRBA at the embassy and only file for n600-K if the deny it. Basically similar to what you guys have written me here. She said it’s difficult to find the evidence, but that we should try to find as much possible and go with that, since trying the CRBA route is free. 

 

She also gave me the same tip as here in the thread, regarding trying to contact the pediatrician to get proof.

 

After the meeting we decided to go through all old boxes with low expectations. But then, we’ve really found the personal immunization record, with dates, beginning from 01/1988 to summer of 05/1990. It also has a stamp from the health department on it.

 

Do you guys think that would be sufficient enough as evidence? Thank y’all once again!

 

 

Edited August 17, 2021 by iCodeClean

[Mike E 11,739]

9 hours ago, iCodeClean said:

Hi once more!

 

I’ve had the meeting with the immigration attorney today, and the basically said that we should first file for the CRBA at the embassy and only file for n600-K if the deny it. Basically similar to what you guys have written me here. She said it’s difficult to find the evidence, but that we should try to find as much possible and go with that, since trying the CRBA route is free. 

 

She also gave me the same tip as here in the thread, regarding trying to contact the pediatrician to get proof.

Lol 

 

9 hours ago, iCodeClean said:

 

After the meeting we decided to go through all old boxes with low expectations. But then, we’ve really found the personal immunization record, with dates, beginning from 01/1988 to summer of 05/1990. It also has a stamp from the health department on it.

 

Do you guys think that would be sufficient enough as evidence? Thank y’all once again!

 

 

Gold standard evidence for a person of that age.  Congrats!

[iCodeClean 20]

6 hours ago, Mike E said:

Gold standard evidence for a person of that age.  Congrats!

Thanks!

[iCodeClean 20]

I just wanted to give you guys an update: It worked out, the evidence was enough and our son now too has the U.S. citizenship!

[bondy88 6]

On 8/13/2021 at 12:48 AM, Mike E said:

You need to read the rest of it:

 

”

(4) The child currently is residing outside the United States in the legal and physical custody of the United States citizen parent; and 

 

(5) The child is temporarily present in the United States pursuant to a lawful admission and is maintaining such lawful status in the United States.”

 

You would file N-600K which takes a year. 
 

The child would also need a B-1 or B-2 visa to visit the USA to attend the N-600K interview.  Alas due to the pandemic routine processing of B visas is not happening at most embassies.  
 

Finally this is for children who

 

* are not already US citizens.  Your child is a citizen.  
 

* reside outside the USA and do not plan to live in the USA.  
 

The I-130 is better alternative except that your child is a citizen.  
 

It is a catch 22.  Too much of a citizen to get an immigration visa.  Too little of a citizen to get a US passport.  

My suggestion was dissed but I will reiterate it: go to the office of the  pediatrician  who treated  the US citizen parent.  Even if the records were destroyed (there are a few states where the medical records do not have to be destroyed) possibly the original pediatrician is still there or is still alive and would attest to treating the citizen. Or there are (former) staff who remember the patient.  

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?

[Mike E 11,739]

If it was my child I’d be going full on crazy with evidence.