This battle with the consulate!

[Mike E 11,739]

6 hours ago, Family said:

Can  please do a G-639 FOIA for your USCIS file. It’s free and I am sure you’ll find some pieces to the puzzle. https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
 

It’s ok if you don’t know ur A#, just put in  UNK and give them your US  passport number and as much details as you can. Ask for your COMPLETE FILE ..

Perhaps an N-600 K may be in there. Good Luck 

Alien number should be in her immigration visa. 
 

Thus if she doesn’t have an alien number, she didn’t have an immigration visa.  Thus an N-600K application made on her behalf is a credible possibility and perhaps explains the strange entry to the USA with the sealed USA passport and strange travel orders.  
 

But she says she had an immigration visa at some point.

 

If so, I am  curious if an I-407 was ever submitted on @Depressed M’s behalf.   If so then that would be a credible premise for an N-600K filed on her behalf, and  that would explain a lot of the strangeness of this case. 

 

As for the N-600K for her son, my understanding is that given the strong evidence the son was a USA citizen from birth, an N-600K, (whether based on his mother’s, father’s, or grand father’s physical presence) is a non starter. I would avoid N-600K for the son as it might just trigger a repeat of this experience decades later when he has a child who is born outside the USA.  Getting a CRBA through the father seems like the higher percentage play now. 

Edited April 11, 2022 by Mike E

[Family 3,988]

41 minutes ago, Mike E said:

Thus if she doesn’t have an alien number, she didn’t have an immigration visa.  Thus an N-600K application made on her behalf is a credible possibility and perhaps explains the strange entry to the USA with the sealed USA passport and strange travel orders.  

I meant OP’s own A file may include an N-600 K , absolutely not for her child . 

[Family 3,988]

21 hours ago, Depressed M said:

Thank you. I will get on to this now. 
my lawyer has already submitted the entry and exit records request with FOIA. We’ve been waiting on it since feb 9th 😩

i will put in this request also. I just dont want to add anymore time on to this UK stay 🥹

You do not need to wait for the FOIA , that was a suggestion just to unravel the mystery and you don’t need to wait for the entry/exit records. I don’t know why your attorney advised you to HOLD BACK the father’s DS-5507 because that would have resolved this months ago. @jan22 s post can literally be used as a cover sheet for the packet ..use it as a script in any dealings with embassy . 

[Depressed M 17]

Update:

I have not heard from my lawyer about not waiting on the customs entry and exit records, so I have started to construct a cover letter. Could you let me know if it’s acceptable please?

I’m bricking it because I know that messing up can mean automatic denial!

 

maybe i can send it in a private message to somebody?

 

thank you in advance!!

[Mike E 11,739]

2 hours ago, Depressed M said:

Update:

I have not heard from my lawyer about not waiting on the customs entry and exit records, so I have started to construct a cover letter. Could you let me know if it’s acceptable please?

I’m bricking it because I know that messing up can mean automatic denial!

 

maybe i can send it in a private message to somebody?

 

thank you in advance!!

Your cover letter should be co-signed by the father and state that the child qualifies for citizenship based on the father and why.  Then summarized the evidence behind the cover letter.  

[RebeccaG 8]

im a US citizen and can tell you that almost every person who lives in the US uses a debit/credit card to pay almost everything. We barely use cash. Im guessing they are looking for bank statements or credit card statements that shows payments in grocery stores, gas stations, fast food restaurants, utility bills, repair shops, etc. If you dont have that, you are probably living in another country.

 

[Depressed M 17]

Just now, RebeccaG said:

im a US citizen and can tell you that almost every person who lives in the US uses a debit/credit card to pay almost everything. We barely use cash. Im guessing they are looking for bank statements or credit card statements that shows payments in grocery stores, gas stations, fast food restaurants, utility bills, repair shops, etc. If you dont have that, you are probably living in another country.

 

Those were already provided. They said it doesn’t prove that it was actually me in the store or at the atm, even though they asked for that initially as proof of physical evidence. I also provided atm receipts. 
but thanks for your response. 

[Depressed M 17]

On 4/17/2022 at 8:40 PM, Mike E said:

Your cover letter should be co-signed by the father and state that the child qualifies for citizenship based on the father and why.  Then summarized the evidence behind the cover letter.  

Thanks Mike. Its been drafted and signed by the both of us and the courier will be collecting it this week. 
 

thanks again!

[Family 3,988]

Redact ( cross out names) and post it here if you want feedback. Hopefully @jan22whose post clarified what section of the law you are invoking will again see this thread. I am surprised you did not send your attorney that very information and ask him WHY he has held back from submitting the fathers forms….and am curious what his response is. 
@jan22 even addressed the steps the step needed to dispel any questions about your own citizenship..and waiting on entry/exit is counter productive since your experience crossing is a bit of a mystery from day 1. 
I think it’s important to trust and have support from your legal rep, so hopefully you bring him up to speed 

[Depressed M 17]

2 minutes ago, Family said:

Redact ( cross out names) and post it here if you want feedback. Hopefully @jan22whose post clarified what section of the law you are invoking will again see this thread. I am surprised you did not send your attorney that very information and ask him WHY he has held back from submitting the fathers forms….and am curious what his response is. 
@jan22 even addressed the steps the step needed to dispel any questions about your own citizenship..and waiting on entry/exit is counter productive since your experience crossing is a bit of a mystery from day 1. 
I think it’s important to trust and have support from your legal rep, so hopefully you bring him up to speed 

Thank you Family. 
im working on crossing out the names and posting it here. Feedback would be great as it is still awaiting pick up so anything extra needed can be added!! 
my attorney still hasnt responded and has read the message i sent YESTERDAY! 
initially we held off on the fathers forms as we needed to reregister the birth with the father on the birth cert. we waited quite a while for that so he included the forms but no birth cert with the last application but also quoted the confirmation and case number of the new birth cert so they could access it online instead of having it physically (as it wasnt ready yet).

even that was a big palaver as the registry office lost my origibal documents and passe me around for 3 weeks to different departments pretending i hadnt sent anything! 

[Family 3,988]

2 minutes ago, Depressed M said:

initially we held off on the fathers forms as we needed to reregister the birth with the father on the birth cert. we waited quite a while for that so he included the forms but no birth cert with the last application but also quoted the confirmation and case number of the new birth cert so they could access it online instead of having it physically (as it wasnt ready yet).

even that was a big palaver as the registry office lost my origibal documents and passe me around for 3 weeks to different departments pretending i hadnt sent anything! 

Aha, I see. In that case , the Consulate has not given you the evil eye ( lol).. the attorney did not make strategic boo boos..everything is just taking longer than expected. You are doing FINE! 

[Mike E 11,739]

24 minutes ago, Depressed M said:

initially we held off on the fathers forms as we needed to reregister the birth with the father on the birth cert.

Well that’s new information.  
 

I expect a difficult path forward now. 

[RebeccaG 8]

2 hours ago, Depressed M said:

Those were already provided. They said it doesn’t prove that it was actually me in the store or at the atm, even though they asked for that initially as proof of physical evidence. I also provided atm receipts. 
but thanks for your response. 

Have you checked your travel history? https://i94.cbp.dhs.gov/I94/#/history-search

 

Try to think on everything you did on those years. Job records, pictures from parties with coworkers, you dont have school transcripts but maybe you have your diploma, pictures from the graduation and proof of payments to that school, collect receipts and pictures for vacations to other cities in the US. Records of the hospital/doctor/labs your visited for your pregnancy.  Social media posts from you or friends showing you were eating on US restaurants. 

 

[Depressed M 17]

So quick update!

we are still in England waiting on my childs passport. 
April 22nd the requested documents were sent to the embassy. 
may 15th rolls around and i decided to contact them again to get the status of the application. I was emailed back from London info unit who told me they could not give me a status as i am not the applicant and if i want status then the applicant will need to give consent. 
i explained that the applicant is a minor and i am his mother (as stated in my initial email) so he could not give his consent. 
then emailed me back and said ‘whoops, meant to say this is the wrong department, I’ll pass tour request on to the correct department ‘

a few moments later i got an email from the embassy with an attached letter dated MAY 6TH addressed to me. They were requesting more documentation, a ds-3053 to be exact, for the issuance of the childs passport. So no longer did they want me to prove my residency. Thank god!! 
firstly, i explained that this document is in the packet of requested documents submitted in April. Secondly, that a letter of such importance was left sitting instead of being sent to me… why? This letter had a time limit on it and if i hadn’t contacted them, i would never have known this is what they requested from me snd my application would have been denied due to insufficient evidence. 
went through the process of getting the ds-3053 AGAIN (note, the ds-3053 already submitted was less than the required 3mnth age limit) and sent it in special delivery. 
They state to wait 2 weeks before checking the status. So 3 weeks later i email for the status and get an automated response which says to check the tracking number for the return of documents. 
my tracking provided by the embassy courier service is no longer valid as it has passed 90 days. I contact the couriers who confirm the tracking is outdated and no longer active. They advise me to contact the embassy ir the passport office. I contact both who tell me to check the tracking number instead of calling or emailing for updates. Now im in a circle of madness as nobody wants to answer the question i have - how will i receive my documents if the return service i paid for is no longer valid?... The couriers tell me to contact the embassy. The embassy tells me to contact the couriers. 
i dont want this to be another case like before. If the passport and documents are ready but theres an issue with the delivery, i will gladly pay for another delivery service ir go pick ip the documents, but who do i speak to for that as both parties want me to speak to the other person! 

Im about to lose my house back home, my child is missing out on school and his fathers input, i need to fly back to sell my car and belongings and arrange some kind of housing to come back to when we finally receive his passport but i have to fly back alone again. It breaks my heart to leave him here in London again as he begs me and cries to go home.

is there some kind of emergency visa i can get him to bring him home with me so i dont have to leave him? Hes never overstayed on his previous visa so that should go in our favor right? 

Or should i just give up now. The email responses are automated and the phone is never answered. What do i do?

time for congressman? 
also, haven’t heard a THING from my lawyer either! I emailed to let them know the documents were signed for and we are waiting now but ZERO response. Think they’re done at this point. They keep expressing they’ve never had a case like mine before. Whilst they deal with many crba’s, the outcomes of mine have been shockingly rare. 
figures. 

[Mike E 11,739]

So sorry you are going through this.  
 

Do you have a CRBA yet?
 

If the child has a UK passport, then both of you can fly to Canada (after getting Canadian eTA for the child).  The child’s father should drive into Canada to icon you up.  Then the three of you drift into the USA early in the morning and spend a long day in secondary, declaring the child to be a U.S. citizen.  
 

Once in the USA, file for the child’s passport and passport card using secondary evidence based on the father’s physical presence.  Then once you have that, file for certificate of citizenship.