Spouse, 2 step kids and our child

[Mike E 11,739]

9 minutes ago, ROK2USA said:

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???'

you are moving the goal posts.  
 

You said embassies deny CRBAs because the parent doesn’t have 5 years of continuous residence.  I’ve said that that isn’t what the law says.  It says physical presence.  Not residence.  Period.  Full stop.  

 

I don’t know what it is you are arguing and so cannot follow your argument.  

Quote

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. 

That parent  has a competed CRBA and passport for her child waiting for her at the embassy and the embassy refuses to give it to her. I’ve already told her how she can overcome it.  And @Family has also given her advice.  
 

These are not similar situations at all as the embassy in the other case has accepted that the child’s citizen father has sufficient physical presence. 
 

CBP arrival / departure records are the other way to show physical presence.  I held a green card over over 30 years.  I can tell you with my own experience that these records CBP has were at least 99 percent accurate   percent for me and useful for my own N-400 case.  

Edited June 26, 2022 by Mike E

[Mike E 11,739]

1 hour ago, Fanguy said:

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 

 

 

 In that post you said you had 285 days of absence 

[Redro 4,611]

5 minutes ago, Mike E said:

you are moving the goal posts.  
 

You said embassies deny CRBAs because the parent doesn’t have 5 years of continuous residence.  I’ve said that that isn’t what the law says.  It says physical presence.  Not residence.  Period.  Full stop.  

 

I don’t know what it is you are arguing and so cannot follow your argument.  

That period has a competed CRBA and passport for her child waiting for her at the embassy and the embassy refuses to give it to her. I’ve already told her how she can overcome it.  And @Family has also given her advice.  
 

These are not similar situations at all as the embassy in the other case has accepted that the child’s citizen father has sufficient physical presence. 
 

CBP arrival / departure records are the other way to show physical presence.  I held a green card over over 30 years.  I can tell you with my own experience that these records CBP has were at least 99 percent accurate   percent for me and useful for my own N-400 case.  

I'm saying I'm not sure what OP is saying... if they have 5 years PHYSICAL presence or 5 years CONTINUOUS presence... and some embassies seem to be sticklers about the definition even for people who were born in the US and only left after the turned 21 yrs old(but don't give adequate evidence). 

Either way, if the child is a citizen they need to get that issue squared away so they don't waste money on an I-130 application. I think we are both in agreement on that point. 

Edited June 26, 2022 by ROK2USA

[TBoneTX 45,304]

A hijack post has been split from this thread into an existing thread in the CR-1 Case Progress subforum:

https://www.visajourney.com/forums/topic/785196-ir-1ir-2-interviews/

 

[arken 4,197]

1 hour ago, Fanguy said:

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 

 

 

Using/Trusting your own dates:

 

12/6/14 to 3/25/20: 5 years and 110 days

 

Absence days: 113

 

Physical presence before child birth: approximately 4 years 362 days (< 5 years)

 

So how can the US embassy approve CRBA!!!!!

 

Even if you had 5 years and few days of more physical presence, you need to have very trustworthy evidences of all absence period since we are talking granting citizenship based on satisfying the requirement marginally.

 

I have not used your physical presence before 12/6/14 cuz you haven't provided and i assume you haven't provided to the embassy either. 
 

 

Edited June 26, 2022 by arken

[Mike E 11,739]

20 minutes ago, arken said:

Using/Trusting your own dates:

 

12/6/14 to 3/25/20: 5 years and 110 days

I did a double take because my own duration calculator said otherwise.  I see I had fat fingered  April 24, 2020 and not March 24, 2020.  So based on that and the absence of 121 days, the new calculation is: 1935 - 121 days = 1814

 

1814 / 366  = 4.956284153005464 years 

 

1814 / 365.25 = 4.966461327857632 years 

 

1814 / 365 = 4.96986301369863 years.  
 

So he is going to need to show days of physical presence prior to becoming an LPR. He needs at least 

 

5 * 365 - 1814 = 11 days.  16 days to be safe.  

 

 

Quote

 

 

I have not used your physical presence before 12/6/14 cuz you haven't provided and i assume you haven't provided to the embassy either. 
 

 

Yep 

Edited June 26, 2022 by Mike E

[Family 3,988]

OP, it’s crunch time and you need to respond to the questions asked by @Mike E and @arken about your previous “ visits” = physical time in the US , BEFORE you got your LPR ( date on teen card), because they are going to make the difference. 
 

My own actual calendar count between 12/6/2014 and 3/25/2020 is = 1,938 days less 113 days physically out = 1825 that YOU have since LPR….but any physical presents BEFORE counts! And all you need is 2 or 3 days!!!!! 

 

2014= 26 days 

2015= 365 days 

2016= 366 days 

2017= 365 days 

2018= 365 days 

2019= 365 days

2020 = 85 days ( 31, 29, 25) 

 

And let’s assume we need 5 yrs ( 365 x 3 =1095 and 366x 2= 732 ) or a total physical presence of 1827 , you proved 1825 and CAN prove more time IF you just do the I-94 search with old passport you had before becoming LPR

 

[Family 3,988]

They use calculator for physical presence only, as @Mike E points out, https://fam.state.gov/FAM/08FAM/08FAM070405.html

 

but UK has been giving @Depressed M a bloody rough going about accepting her own extensive evidence in the first stages of proving her physical presence, before USC father stepped in. But, OP’s circumstances are different and he has the substantial primary stuff, like irs, SS earning records ..etc

 

Just hope he Re engages because all you brilliant VJ who responded , can make this happen for him . Kudos , am impressed 

[Fanguy 10]

Sorry I am at work and in the healthcare field so unless I get a little time then I read the comments. I will respond to their questions when I get home, thanks 

[arken 4,197]

On 6/26/2022 at 10:25 AM, Fanguy said:

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

 

On 6/26/2022 at 10:47 AM, Mike E said:

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

OP's counting of days outside the US is correct. On the day of departure and arrival, OP was physically present in the US.

 

Quote

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.

It's not just a plain math but logic. In this example, OP's number of days outside US would be 0. Even if he exited on Jan24 and returned on Jan 25, number of days outside the US  would still be 0 not 1.

Edited June 27, 2022 by arken

[Mike E 11,739]

4 hours ago, arken said:

 

OP's counting of days outside the US is correct. On the day of departure and arrival, OP was physically present in the US.

 

It's not just a plain math but logic. In this example, OP's number of days outside US would be 0. Even if he exited on Jan24 and returned on Jan 25, number of days outside the US  would still be 0 not 1.

Exited Jan 20 returned Jan 24 

 

You say that is 3 days of absence. 
 

You get that by:

 

24 - 20 -  1 = 3

 

Generalizing:

 

DaysOfAbsence =  ReturnDate - DeparureDate  — 1 

 

So when ReturnDate and DepatureDate are equal, DaysOfAbsence equals —1

 

Illogical and bad math.  
 

On your Jan 24 to Jan 25 trip being counted as zero days of absence that would mean:

 

depart 12:01 AM, return 11:00 PM the next day, depart 11:59 PM return 11:00 PM the next day, depart 11:59 PM, etc and this endless pattern counts as zero days as absence.  No one in USCIS is going to buy that.  

 

Edited June 27, 2022 by Mike E

[Family 3,988]

Well…I humbly point out there is bit of clarity on the N-400 Re trips inasmuch as they must be greater than 24 hours to even be counted . 

 

I did however enjoy the math / logic  gymnastics presented by both posters…and was reminded of ….

 

the story of 3 traveling salesmen who ended up at the same hotel in a small town one evening. Only to find out that there was precisely one room left.

After some arguing back and forth, the hotel manager agreed to let the 3 men share the room and split the bill. The room was a total of $30 for the night. Each salesman forked over a $10 bill.

Everything settled, they headed upstairs to make the best of the accommodations.

Late that evening, the manager was going over the books and realized that the the salesmen had been overcharged by $5. Being an honest-minded fellow, he decided to give the men a refund.

The bellhop happened to walk by and the manager gave him a $5 bill, telling him to take it up to the 3 salesmen.

On the way up, the enterprising bellhop got to thinking. First it occurred to him that those salesmen had no idea that they’d been overcharged and a refund was coming. It was certainly tempting for him to just keep the entire $5.

But if he did, and something was said about a refund, most certainly questions would be asked of him. Questions for which he would have no suitable answer.

Then another thing struck him: He had a $5 bill. There were 3 salesmen. How to divide the money evenly? So he detoured long enough to make change for the bill.

Finally he made it up to the hotel room and presented each salesman with a $1 refund. Because he’d concluded that was an easy division. Besides, nobody would be any the wiser to the fact that he pocketed $2.

So let’s total it all up: The salesmen each paid $9, for a total of $27 for the room. Add to that the $2 the bellboy kept and we have $29.

Hm, what happened to the other dollar?

[Mike E 11,739]

this post will of course be deleted. Enjoy it while lasts.  
 

manager

receives 30

returns 5

nets 25 revenue. 

guests 

pay 30

gets 3 back

nets 27 expense. 

 

they should be netting 25

 

27 - 25 = 2 which the bell boy pocketed.  

[Timona 4,207]

1 hour ago, Family said:

 

 

Simple. One of them ended up with more $$..

 

25/ 3 means 1 person's pot had 9, the others got 8 in their pots. So essentially, the bellhop should have only given 2 of them $1 each to make it an even $27. He would have then pocketed $3.

 

Bellhop failed mathematics. The salesmen will eventually figure out that $28 doesn't make sense being they were three. So either bellhop should have given only $2 or asked the manager for $6

Edited June 28, 2022 by Timona

[Family 3,988]

11 minutes ago, Mike E said:

Enjoy it while lasts.  

The missing 1 is still missing on final tally …much like the missing travel day if less than 24 hours. Lol