CRBA denied at Toronto consulate while i-130 pending

[ali2023 3]

Hello Respected Members,

                                                Hope you all are doing fine.here is my situation.

1- Toronto consulate denied our newborn CRBA due to my insufficient time spent in USA.(while I think is crazy, I been living in USA for past 7 years with many 2-4 days trips to canada, I am a USA citizen).

2-my wife i-130 is current at MTL  and we are filling out application to submit.

 

how we deal this situation now.

a) should I do an appeal to re-evaluate CRBA at toronto consulate.

b) how should I complete my wife i-130 application, how should we tell NVC about our new born.

 

how I should proceed all that.

 

Have a nice day

Many Thanks 

[Mike E 11,739]

3 minutes ago, ali2023 said:

I been living in USA for past 7 years with many 2-4 days trips to canada

What evidence did you submit?

[ali2023 3]

Sorry I hope thats how u reply here,

 

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

 

thats it

 

14 minutes ago, Mike E said:

What evidence did you submit?

Sorry I hope thats how u reply here,

 

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

 

thats it

[Mike E 11,739]

15 minutes ago, ali2023 said:

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years

How many days in Canada the past 7 years? How many days in the U.S.?

 

Were you born in the U.S.?

Edited March 28, 2023 by Mike E

[ali2023 3]

5 minutes ago, Mike E said:

How many days in Canada the past 7 years?

85 days in canada

 

Thx

[Mike E 11,739]

1 minute ago, ali2023 said:

85 days in canada

 

Thx

How many days in the U.S. in those 7 years?

 

How did you acquire U.S. citizenship?

[ali2023 3]

2 minutes ago, Mike E said:

How many days in the U.S. in those 7 years?

 

How did you acquire U.S. citizenship?

2164 days in USA

85 days in Canada

I was not born in USA, I acquired my USA citizenship through my father, I am also canadian citizen.

 

Thanks

[Mike E 11,739]

6 minutes ago, ali2023 said:

2164 days in USA

85 days in Canada

I was not born in USA, I acquired my USA citizenship through my father, I am also canadian citizen.

You are getting the run around from TO. 
 

File I-130 for your kid.

 

Hire a private investigator to document your lawful presence.

 

When the kid arrives in the U.S.. kid will acquire U.S. citizenship instantly.

 

Then file for your kid’s passport book and card. 

 

After you get the passport book and csrd back,  file N-600 using the PI’s report, and your kid’s stamped immigration visa. Hopefully the certificate of citizenship will date citizenship to date of birth. 

 

 

[ali2023 3]

12 minutes ago, Mike E said:

You are getting the run around from TO. 
 

File I-130 for your kid.

 

Hire a private investigator to document your lawful presence.

 

When the kid arrives in the U.S.. kid will acquire U.S. citizenship instantly.

 

Then file for your kid’s passport book and card. 

 

After you get the passport book and csrd back,  file N-600 using the PI’s report, and your kid’s stamped immigration visa. Hopefully the certificate of citizenship will date citizenship to date of birth. 

 

 

1- You are getting the run around from TO. 
what does it mean ?

2- Hire a private investigator to document your lawful presence.

why I need that and where I would use it ?

 

3- File I-130 for your kid.

my wife I-130 is current, how we can add our newborn in this application or do i have to start a new I-130 for new born

 

Thanks 

 

 

[Mike E 11,739]

4 minutes ago, ali2023 said:

1- You are getting the run around from TO. 
what does it mean ?

Run around is a north american term that describes deceptive delaying and evasive action.

 

TO is a Canadian term for Toronto.

 

So the U.S. consulate in Toronto is behaving badly given you have more than enough evidence that goes beyond a reasonable doubt.

 

4 minutes ago, ali2023 said:

2- Hire a private investigator to document your lawful presence.

why I need that and where I would use it ?

To prove that your kid is a natural born American. I said to use that for the N-600.

 

Your kid can use it to run for president.

 

4 minutes ago, ali2023 said:

 

3- File I-130 for your kid.

my wife I-130 is current, how we can add our newborn in this application or do i have to start a new I-130 for new born

Your wife is an immediate relative of a U.S. citizen (you), and so there are no derivatives for that category. You have to file an I-130 to bring your kid to live in U.S. 

 

 

 

 

 

 

[ali2023 3]

31 minutes ago, Mike E said:

Run around is a north american term that describes deceptive delaying and evasive action.

 

TO is a Canadian term for Toronto.

 

So the U.S. consulate in Toronto is behaving badly given you have more than enough evidence that goes beyond a reasonable doubt.

 

To prove that your kid is a natural born American. I said to use that for the N-600.

 

Your kid can use it to run for president.

 

Your wife is an immediate relative of a U.S. citizen (you), and so there are no derivatives for that category. You have to file an I-130 to bring your kid to live in U.S. 

 

 

 

 

 

 

Your wife is an immediate relative of a U.S. citizen (you), and so there are no derivatives for that category. You have to file an I-130 to bring your kid to live in U.S.

 

since my wife I-130 is current and we are filling out online application these days and collecting all the docs.should I call NVC to add another I-130 for the new born in the current case  or how should i proceed so that  both mother and new born can have interview at the same time.

 

Many Thanks Mike

[Mike E 11,739]

1 minute ago, ali2023 said:

since my wife I-130 is current

I don’t know what that means

 

1 minute ago, ali2023 said:

and we are filling out online application these days and collecting all the docs

Sounds like her I-130 is approved and you were about to file DS-260. You should file I-130 for your kid and let nvc know that your wife will wait for her kid’s I-130 to move to nvc. 
 

Once both cases are at nvc, each ds-260 should name the other beneficiary. This way nvc should schedule coincidental interviews.

 

Note that for your kid you file I-864W instead of I-864 

[speedster 26]

2 hours ago, Mike E said:

I don’t know what that means

 

Sounds like her I-130 is approved and you were about to file DS-260. You should file I-130 for your kid and let nvc know that your wife will wait for her kid’s I-130 to move to nvc. 
 

Once both cases are at nvc, each ds-260 should name the other beneficiary. This way nvc should schedule coincidental interviews.

 

Note that for your kid you file I-864W instead of I-864 

I wonder if OP can now send a letter to their state rep explaining the situation, maybe they can get NVC move along?

[Lemonslice 4,828]

7 hours ago, ali2023 said:

Sorry I hope thats how u reply here,

 

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

 

thats it

 

Sorry I hope thats how u reply here,

 

Thanks Mike for your response.

I submitted

social security statement containing last 7 years of work

income Tax transcripts.

my bank account statement 

car registration 

lease agreement in Virginia

passport stamps page of international travel

my frequent trips to canada in last 3 years.

 

thats it

Did you also submit evidence that you are a US citizen, or just evidence of your presence? @jan22u might be able to pinpoint what went wrong.

[InspectorGrover 14]

39 minutes ago, Lemonslice said:

Did you also submit evidence that you are a US citizen, or just evidence of your presence? @jan22u might be able to pinpoint what went wrong.

I am wondering if this might be the issue. We had essentially the same situation. My husband is a US Citizen (by birth) and was in Canada on a work permit 2012 - 2018. Our son was born in Canada in 2017, filed for CRBA, interviewed in Toronto at the US Embassy and got the approval no issues. My husband was almost exclusively in Canada from 2012 - 2018, so too much time in Canada cannot be the issue. He provided his US birth certificate, high school graduation record, US university transcripts from 2002 - 2012, tax returns for 5 years. I might try and provide evidence of consecutive years in the US from your childhood, college years (if applicable), and certainly your US birth certificate.