CRBA denied, but we are planning a trip back home in a few months

[cmartin 0]

Hi everyone, thanks in advance for your input. My wife and I are facing a bit of a complicated situation I moved to the US in 2009 and became a US citizen 10 years later. I was married for 6 years and divorced. My daughter was born abroad and currently dont have any documents we were waiting for her passport to arrived to the US embassy here in Switzerland but we have been informed that her citizenship application was denied. I submitted more than 5 years of tax documents but the embassy didnt even consider looking at them. While I was in the US, I filed taxes jointly with my ex wife and my lease was under her name.

I will like to know if I can use the lease which is under my ex wife name for to prove physical presence in the US. I also have utility bills (internet and electricity) the payment came from my account but the account was under her name.

And finally My wife and I are preparing a trip back home to the US soon, the mother and child will travel with a Swiss passport and I the father with the American passport. What will happen when we arrive in the US? We plan to stay at least 3 to 4 months, visiting family and friend and checking out some investment opportunities. As the father, can I apply for my daughter's citizenship while we are home in the US and is it even possible?

[Mike E 11,741]

 

5 minutes ago, cmartin said:

And finally My wife and I are preparing a trip back home to the US soon, the mother and child will travel with a Swiss passport and I the father with the American passport.

Technically this is illegal, because you know she is a US citizen, but then again you did make an effort get her U.S. citizenship papers and were denied. 

5 minutes ago, cmartin said:

What will happen when we arrive in the US?

If you identify her as a U.S. citizen (which legally you should) CBP will have to admit her. It can be messy. 
 

 

5 minutes ago, cmartin said:

 

We plan to stay at least 3 to 4 months, visiting family and friend and checking out some investment opportunities. As the father, can I apply for my daughter's citizenship while we are home in the US and is it even possible?

You can apply for  her US  passport. 
 

See also 

 

 

[Boiler 45,715]

3 or 4 months will require a B visa.

 

You need documentation showing your presence in the US

 

 

[iwannaplay54 985]

1 hour ago, cmartin said:

Hi everyone, thanks in advance for your input. My wife and I are facing a bit of a complicated situation I moved to the US in 2009 and became a US citizen 10 years later. I was married for 6 years and divorced. My daughter was born abroad and currently dont have any documents we were waiting for her passport to arrived to the US embassy here in Switzerland but we have been informed that her citizenship application was denied. I submitted more than 5 years of tax documents but the embassy didnt even consider looking at them. While I was in the US, I filed taxes jointly with my ex wife and my lease was under her name.

I will like to know if I can use the lease which is under my ex wife name for to prove physical presence in the US. I also have utility bills (internet and electricity) the payment came from my account but the account was under her name.

And finally My wife and I are preparing a trip back home to the US soon, the mother and child will travel with a Swiss passport and I the father with the American passport. What will happen when we arrive in the US? We plan to stay at least 3 to 4 months, visiting family and friend and checking out some investment opportunities. As the father, can I apply for my daughter's citizenship while we are home in the US and is it even possible?

You must have US employment and driving records?  Any background check agency can put employment history together, you can pull your DMV file, you can go back and get auto insurance records, you can get your own back copies of lease history.  
You can most of all get your travel history.  Previous passports combined with work, address, etc are the typical package you are supposed to bring.

Sign up with social security and pull your earnings history.  You can download a lifetime statement from their site.  You need to use a US VPN to access it from overseas.

Edited January 20, 2023 by iwannaplay54

[Chancy 6,242]

*** Moved from Effects of Major Family Changes forum to CRBA sub-forum ***

 

[Chancy 6,242]

2 hours ago, cmartin said:

I submitted more than 5 years of tax documents but the embassy didnt even consider looking at them.

 

If tax documents are all you submitted, I'm not surprised the CRBA application was denied.  USCs are required to file US taxes wherever in the world they reside, so tax documents do not prove US physical presence, regardless of the address listed on the tax form.  Better evidence of US presence would be US school/employment/medical/driving records.  Also, US entry/exit records on your old foreign passports, or obtained via FOIA request to CBP.

 

[Family 4,045]

You should also FOIA your USCIS A# file as it will have plenty of records for timespan of a minimum 6 years ( from I-485, I-751 all the way to N-400)

it’s online and free