Spouse, 2 step kids and our child

[Mike E 11,739]

After you became an LPR how many days was that “under 5 months”. That could mean any where between 4 * 28 + 1 to 5 * 31 - 1.  
 

Even if the latter if you entered December 1, 2014 and she was born March 31, 2020, you have it. But it would depend on the precise dates you entered the USA and when she was born. 
 

But travel to the USA prior to your green card might be enough to make this irrelevant. 62 or more days for sure would make it irrelevant.  

Edited June 25, 2022 by Mike E

[Fanguy 10]

She was born in March 2020 which I definitely know she qualifies 

[Mike E 11,739]

Travel prior to becoming an LPR helps to build an over whelming case.  So it should be documented.  

 

 You will have to take another run at this.  Passport stamps, I-94 records, work records, vacation requests from work records, etc.  

 

Your daughter is a U.S. citizen, and so legally I-130 is not a permitted path.  
 

You might have to file N-600 to get her a certificate of citizenship.  But note that you get just one chance to file N-600. Thus extra care must be taken, and in that situation, DIY is not a good idea.  

Edited June 25, 2022 by Mike E

[Ontarkie 14,226]

~~Moved to IR1/CR1P&P, from Brining Family of USC - As the OP is petitioning his wife and step kids~~

[pushbrk 12,894]

10 hours ago, Mike E said:

Travel prior to becoming an LPR helps to build an over whelming case.  So it should be documented.  

 

 You will have to take another run at this.  Passport stamps, I-94 records, work records, vacation requests from work records, etc.  

 

Your daughter is a U.S. citizen, and so legally I-130 is not a permitted path.  
 

You might have to file N-600 to get her a certificate of citizenship.  But note that you get just one chance to file N-600. Thus extra care must be taken, and in that situation, DIY is not a good idea.  

More accurately, the daughter is ELIGIBLE to receive citizenship but is not YET a citizen.  There is no need to EVER file an N-600.  With a CRBA, you simply apply for a US Passport and that's all the evidence of US Citizenship the child will EVER actually NEED.

[Mike E 11,739]

1 hour ago, pushbrk said:

More accurately, the daughter is ELIGIBLE to receive citizenship but is not YET a citizen. 

I absolutely disagree with you and believe you are wrong.  One is either born a citizen or not born a citizen.  I know of nothing in INA that supports your position.  

Edited June 26, 2022 by Mike E

[pushbrk 12,894]

4 hours ago, Mike E said:

I absolutely disagree with you and believe you are wrong.  One is either born a citizen or not born a citizen.  I know of nothing in INA that supports your position.  

Maybe splitting hairs.  In this situation, a CRBA has been denied. Born IN the USA, there's no question.  Born outside the USA, there's a process, with evidence and judgments to go through before determining WHETHER the child was always a US Citizen based on the result of the process and judgments.  If ultimately, the CRBA is never approved, then the child BECOMES a US Citizen when they enter the USA with an immigrant visa to reside in the USA with their USC parent.

 

For THIS child, which path will result in US Citizenship with US Passport, is yet to be determined.  It may later be established the child "has been" a US Citizen since birth or "was not".  In the interim, the child "is not" (yet) a US Citizen.  

 

If you have a contradictory reference, I would like to see it, but let's not let this distract us from the discussion of what must now be done.

[arken 4,197]

20 hours ago, Fanguy said:

She was born in March 2020 which I definitely know she qualifies 

Unless you have evidences of precise dates of physical presence when you are running so tight, it doesn't matter what you know.

 

You didn't follow up in your previous post on CRBA and you aren't responding here either in terms of providing good info so how can you expect to get good responses.

 

Exact day of Dec 2014 and March 2020. 
Under 5 months of absence- 150 days? 120 days? 125 days? 40 days?

How many months or weeks you were present in the US when you visited prior to Dec 2014?

More importantly, what evidences do you have for your under 5 months of stay abroad?

 

You info on having social security or tax documents on your previous post doesn't prove you were in the US as those can be done even if one is living abroad.

 

You may get stuck wasting time and money  on both - 

1. Not being able to get citizenship for you child due to lack of evidence of your physical presence while you think you know she qualifies

2. uscis not approving i130 because of their initial perception of child being a USC based on dates you provided.

So i'd say at least provide the exact or closer to exact dates of your arrival and departure dates, and what you have so far as evidences.
 

 

Edited June 26, 2022 by arken

[Mike E 11,739]

The thing is, when OP filed N-400, USCIS accepted his dates of absence in his N-400.  So logically USCIS is going to deny the biological child’s I-130.  

[Fanguy 10]

To answer ur questions I arrived permanently in the US on Dec 6, 2014 n she was born March 25, 2020. 

Exited US Dec 14/2015 , admitted Dec 31/2015=16 days (outside United States)

 

Exited US Jul 11/2016- Admitted Aug 09/2016=28 days

 

Exited Nov 24/2016 - Admitted Dec 3/2016=8 days

Exited Jan 20/2017- Admitted Jan 24/2017=3 days

Exited Dec 15/2017 Admitted Dec 24/2017=8 days

Exited Oct 18/2018 Admitted Oct 29/ 2018=10 days
Exited Aug 6/2019 Admitted Sept 11/2019=35 days

Exited Jan 23/2019 Admitted Jan 29/2019=5 days

 

 Number of days I spent outside US was 113 days BEFORE the child was born

After this I didn’t travel again till the child was born on March 2020

 

If there is any advice to help get my child citizenship I will be very much appreciated. I have submitted a new application at the US embassy again which I haven’t got response yet so I will be very much appreciated 

 

 

[Mike E 11,739]

So what new evidence did you provide in the most recent application?

[Mike E 11,739]

28 minutes ago, Fanguy said:

Exited Jan 20/2017- Admitted Jan 24/2017=3 days

This is 4 days of absence.  by my way of counting. 
 

By your way of counting if you exit Jan 24, and return Jan 24,  you would be absent negative 1 (-1) days.  That’s not logical.  
 

So 121 days of absence from USA before your child was born. 1966 days as a U.S. citizen before the child’s birth.  

1966 - 121 = 1,845 days of physical presence before the child was born.  
 

Divided by 366 days per year = 5.04 years of physical presence. 
 

So the child  is still a U.S. citizen. 

 

Edited June 26, 2022 by Mike E

[Redro 4,611]

11 hours ago, Mike E said:

I absolutely disagree with you and believe you are wrong.  One is either born a citizen or not born a citizen.  I know of nothing in INA that supports your position.  

is that true? they way some embassies look at continuous residence it appears you need to be in the US for 5 years total... no breaks.

With citizenship its only 30 months... I've seen some members state they have to show they were physically in the US for a total of 5 years... if the OP only has 2.5 years time spent inside the US his child is not a US citizen... 

[Mike E 11,739]

11 minutes ago, ROK2USA said:

is that true?

Yes.  

Quote

 

they way some embassies look at continuous residence it appears you need to be in the US for 5 years total... no breaks.

That’s not the what the law says.  
 

 Do cite an example of an embassy that requires 5 continuous years of residency prior to the child’s birth.  Regardless, he naturalized.  USCIS was satisfied he had 5 continuous years of residency in the USA.  This is matter of record.  If the embassy thinks he doesn’t have 5 continuous years of residency then the embassy is effectively saying he is not a USA citizen.  And so this is moot. 
 

Except that the embassy isn’t saying that.  It is saying he hasn’t adequately shown that he also had 5 years of physical presence. The embassy might be right.  But based on the dates he produced, he has 5 years physical presence. 
 

 

Quote

With citizenship its only 30 months... I've seen some members state they have to show they were physically in the US for a total of 5 years... if the OP only has 2.5 years time spent inside the US his child is not a US citizen... 

Looks like you missed his comment that had raw data  that he did spent 5 years in  the USA. 

 

I did the math.  He spent 5.04 leap years equivalent in the USA. 
 

It’s an open and shut case once he gets his CBP travel records and/or passport stamps organized 

Edited June 26, 2022 by Mike E

[Redro 4,611]

2 minutes ago, Mike E said:

Yes.  

That’s not the what the law says.  
 

 Do cite an example of an embassy that requires 5 continuous years of residency prior to the child’s birth.  Regardless, he naturalized.  USCIS was satisfied he had 5 continuous years of residency in the USA.  This is matter of record.  If the embassy thinks he doesn’t have 5 continuous years of residency then the embassy is effectively saying he is not a USA citizen.  And so this is moot. 
 

Except that the embassy isn’t saying that.  It is saying he hasn’t adequately shown that he also had 5 years of physical presence. The embassy might be right.  But based on the dates he produced, he has 5 years physical presence. 
 

 

Looks like you missed his comment that had raw data  that he did spent 5 years in  the USA. 

 

I did the math.  He spent 5.04 leap years equivalent in the USA. 
 

It’s an open and shut case once he gets his CBP travel records and/or passport stamps organized 

I follow the CRBA applications on the forum as a person with a USC husband living outside the US... and I see how they deny CRBA applications because "yeah we see you had a bank card and transactions were made in the US with said card during that 5 year period but how do we know it was YOU using the card?"... "how do we know you weren't outside the US at that time???'

Either way his child is either a USC or not... and there are some barriers to proving that fact.... 

There is a person going through the London embassy dealing with this issue right now... I'm not sure how to overcome that barrier other than passport stamps.