Sufficient evidence for CRBA [merged threads]

[user292928 1]

I’m the 18 year old son of a U.S. citizen mother, we both live in the UK, however she is planning to move back to America and I’d like to join her, hence IR2 sounds logical, but I’m wondering how we would go about proving she is planning to move back. In the interview they will wonder why she is not already there, because she’s been in the UK for 20 years now. So I’m concerned I’ll be denied in that regard, hence would it be easier for my U.S. citizen brother who is already in the States to sponsor me through F4. I know the wait times are very long, but I’m from the UK so I can’t imagine the backlog being that long unlike from China or India for instance. I don’t mind waiting several years, so which is the best course of action?

[Chancy 6,241]

11 minutes ago, user292928 said:

I’m the 18 year old son of a U.S. citizen mother

 

Aren't you already a US citizen?  How many years did your mother spend in the US before you were born?

 

In case you are not already a US citizen, IR2 is much, much better than F4.  IR2 from the UK will take around 1 to 2 years vs 15 years or so for F4.

 

[Mike E 11,739]

26 minutes ago, user292928 said:

U.S. citizen mother

1. Was she born in the U.S. ?

2. Were your parents married before you were born?

3. Was she a U.S. citizen before you were born?

 

Edited January 19, 2023 by Mike E

[user292928 1]

41 minutes ago, Mike E said:

1. Was she born in the U.S. ?

2. Were your parents married before you were born?

3. Was she a U.S. citizen before you were born?

 

Yes, yes, and yes. And yes I know you’re going to mention CRBA but I can’t find the proof of physical presence unfortunately for 5 years, so my next best option is this…

[Dashinka 24,479]

Showing the USC's petitioner's intent to re-establish domicile back in the US is not to big of a hurdle.  There are married couples that do this every day when the USC spouse is repatriating.  She will need to show her plan to establish a home, show things like tax filing, etc.  Also, I think you might want to try harder to see if you can establish your eligibility to CRBA as that would eliminate any questions as to your mother's domicile plans.

[Mike E 11,739]

19 minutes ago, user292928 said:

Yes, yes, and yes. And yes I know you’re going to mention CRBA

You’ve aged out of CRBA so I would have and now will mention a U.S. passport. 

19 minutes ago, user292928 said:

but I can’t find the proof of physical presence unfortunately for 5 years, so my next best option is this…

If she had 5 years of physical presence, 2 of which had to be after age 14, then if USCIS and the Department of State are competent.  they will deny your IR-2. 
 

Still, I am increasingly less confident of their competence.  I think you have to at least make an effort to try a U.S. passport.  Once they deny you in writing, you can proceed with IR-1.  USCIS and State should not operate that way but unfortunately they do. 

[user292928 1]

6 minutes ago, Mike E said:

You’ve aged out of CRBA so I would have and now will mention a U.S. passport. 

If she had 5 years of physical presence, 2 of which had to be after age 14, then if USCIS and the Department of State are competent.  they will deny your IR-2. 
 

Still, I am increasingly less confident of their competence.  I think you have to at least make an effort to try a U.S. passport.  Once they deny you in writing, you can proceed with IR-1.  USCIS and State should not operate that way but unfortunately they do. 

The only evidence I have are social security statements showing the names and addresses of employers and earnings during those years in the USA. Unfortunately I recognise the consular officers will probably be unconvinced as this form of proof given it’s all I can find. 

[Mike E 11,739]

5 minutes ago, user292928 said:

The only evidence I have are social security statements showing the names and addresses of employers and earnings during those years in the USA. 

How many years of social security statements?

 

How long have you  had these statements? 

Edited January 19, 2023 by Mike E

[user292928 1]

1 hour ago, Mike E said:

How many years of social security statements?

 

How long have you  had these statements? 

1 year, and then 4 years. I’ve not had these statements long, I filed a form not that long ago, paying $100 to do so. I’m strongly moving towards IR-2, and am wondering whether immigrant intent to re-establish domicile in the USA, which is what my mother will try to prove, can be done by showing purchases of land (she plans to build a house), or rental receipts from the place we’re going to stay at? We want to tell the consular officer that this is the proof she’s moving back with me. If my visa is approved and I get a green card, do you know if they follow up with me or my mother to see if we’ve both moved? Also do you know if the IR2 visa is generally easy, because there are no caps? I’ve heard stories of 5/10 minutes interviews because they are very lax with these sorts of visas. 

[SalishSea 17,801]

1 hour ago, user292928 said:

1 year, and then 4 years. I’ve not had these statements long, I filed a form not that long ago, paying $100 to do so. I’m strongly moving towards IR-2, and am wondering whether immigrant intent to re-establish domicile in the USA, which is what my mother will try to prove, can be done by showing purchases of land (she plans to build a house), or rental receipts from the place we’re going to stay at? We want to tell the consular officer that this is the proof she’s moving back with me. If my visa is approved and I get a green card, do you know if they follow up with me or my mother to see if we’ve both moved? Also do you know if the IR2 visa is generally easy, because there are no caps? I’ve heard stories of 5/10 minutes interviews because they are very lax with these sorts of visas. 

I think the point you’re missing here is that you need to make more of an effort to explore whether you are already considered to be a USC, because if you are, you will be ineligible for an immigrant visa, and you could potentially waste two years while that process is going on.   See?

[Mike E 11,739]

3 hours ago, user292928 said:

1 year, and then 4 years. I’ve not had these statements long, I filed a form not that long ago, paying $100 to do so.

I agree the embassy is likely to reject 5 years of social security statements, given she has a nomadic past. 7 years would have been good.  

3 hours ago, user292928 said:

 

 

 

I’m strongly moving towards IR-2

I agree that’s where you are headed but I will say again: you have to try and fail to get U.S. passport before getting an IR-2, unless you want to bank on the embassy being incompetent. 

[Chancy 6,241]

6 hours ago, user292928 said:

The only evidence I have are social security statements showing the names and addresses of employers and earnings during those years in the USA.

 

Did your mother go to school in the US?  Maybe your brother can help to get her US school records?

 

[Mike E 11,739]

4 minutes ago, Chancy said:

 

Did your mother go to school in the US?  Maybe your brother can help to get her US school records?

 

2 years of school records that don’t overlap with the 5 years of social security earnings records, would, imho, clinch his passport. 
 

OP should want to be a natural born U.S. citizen. It’s better.  

[Chancy 6,241]

4 minutes ago, Mike E said:

OP should want to be a natural born U.S. citizen. It’s better.  

 

Plus, there's the very real possibility of IR2 visa denial, if his case gets assigned to a decently competent officer.

 

[Family 3,988]

7 hours ago, user292928 said:

1 year, and then 4 years. I’ve not had these statements long, I filed a form not that long ago, paying $100 to do so. I’m strongly moving towards IR-2, and am wondering whether immigrant intent to re-establish domicile in the USA, which is what my mother will try to prove, can be done by showing purchases of land (she plans to build a house), or rental receipts from the place we’re going to stay at? We want to tell the consular officer that this is the proof she’s moving back with me. If my visa is approved and I get a green card, do you know if they follow up with me or my mother to see if we’ve both moved? Also

9 hours ago, user292928 said:

The only evidence I have are social security statements showing the names and addresses of employers and earnings during those years in the USA. Unfortunately I recognise the consular officers will probably be unconvinced as this form of proof given it’s all I can find. 

do you know if the IR2 visa is generally easy, because there are no caps? I’ve heard stories of 5/10 minutes interviews because they are very lax with these sorts of visas. 

You have mined gold with the SS certified record of earnings and are not assessing the value they carry .

The employer address also gives you clues of cities mom lived in for those years. YOU have enough to file your passport application and in the meantime start the following:
 

1. Get copies of moms US passport records ( from the first one issued to current) https://travel.state.gov/content/travel/en/passports/have-passport/passport-records.html

 

2. FOIA a sort of entry /exit record for mom . You can edit this form letter and take out the bits that ask for correction of record..you are just asking for the records. Gives you lots of specific acronyms for systems used to track entry/exitshttps://hasbrouck.org/IDP/CBP_Privacy_Act_Request.doc

 

3. Likely mom files taxes for the years she worked, so here’s IRS for copies https://www.irs.gov/pub/irs-pdf/f4506.pdf

4. Once you figure out what city/state mom lived in for the period she worked , get copy of her First Issued Drivers License and driver’s record. Example for California. https://www.dmv.ca.gov/portal/customer-service/request-vehicle-or-driver-records/
 

5. Ask mom if she recalls any memorable events ( birth, wedding or funeral) of family/friends and see if anyone has photos or can write an affidavit. But this is fluff so don’t waste time on it.

 

 

Edited January 20, 2023 by Family