Crba rejected

[Littledaisy 0]

Hi. My husband is a us citizen. And he has applied i130 for me. It has been approved and it is with nvc. My baby has born recently. Crba was rejected due to lack of physical presence. Now what could we do? 
how i can i take my baby with me to US? Her grandparents are also citizen. Which would be fastest? N600k of i 130 for baby? 

[nastra30 2,284]

3 hours ago, Littledaisy said:

Crba was rejected due to lack of physical presence. Now what could we do? - He doesn't have the 5 year physical presence? Or it's just that he couldn't prove it? 

Is the child in the physical custody of the US citizenship parent?

 

 

Edited August 13 by nastra30

[Littledaisy 0]

No. Baby is with me(mother). 

[carmel34 3,620]

If the child's CRBA was denied, an I-130 petition needs to be filed by the US citizen parent, and after the petition is approved, a visa application, and consular processing will follow.  This will take 1-2 years.  You can delay your case at NVC indefinitely, make sure to contact them at least once a year to keep your case active.  When the child's case is at NVC, you can move forward both to the visa application stage together.

Edited August 14 by carmel34

[nastra30 2,284]

15 minutes ago, Littledaisy said:

No. Baby is with me(mother). 

Then your baby doesn't qualify for N600K. Proceed as carmen34 stated above. Good luck.

Edited August 13 by nastra30

[Littledaisy 0]

1 hour ago, nastra30 said:

Is the child in the physical custody of the US citizenship parent?

 

 

But grandparents are citizen. Can’t we apply thru that? 

[Littledaisy 0]

24 minutes ago, carmel34 said:

If the child's CRBA was denied, an I-130 petition needs to be filed by the US citizen parent, and after the petition is approved, a visa application, and consular processing will follow.  This will take 1-2 years.  You can delay your case at NVC indefintely, make sure to contact them at least once a year to keep your case active.  When the child's case is at NVC, you can move forward both to the visa application stage together.

It’s a long wait then. Any other way to expedite the case because my interview date is expected to come in a couple of months. And what if we haven’t filed form i130 before interview date? 

[nastra30 2,284]

9 minutes ago, Littledaisy said:

But grandparents are citizen. Can’t we apply thru that? 

No. That's just one of the requirements. There are many requirements that need to be met. One is physical custody of the child, essentially husband must be living abroad with the child. Husband lives in US so you don't qualify. File I-130.

[Littledaisy 0]

27 minutes ago, nastra30 said:

No. That's just one of the requirements. There are many requirements that need to be met. One is physical custody of the child, essentially husband must be living abroad with the child. Husband lives in US so you don't qualify. File I-130.

Thanks. 

[mam521 2,052]

Apply for the I-130 for baby and request an expedite, explaining your case has progressed, baby was born after your I-130 was filed and approved and cross your fingers that they will expedite it.  Then, when it gets to NVC, request it be expedited to match your case.  In the meantime, keep your case at NVC; do not proceed with an interview until baby's case has caught up to yours. 

[jan22 3,049]

You could pursue the case of your baby deriving US citizenship through the grandparents — but it usually takes as long as, or longer than, an immigrant visa and can be harder to document.

Prior to filing the I-130 with USCIS (preferably on-line), you should contact the Embassy/Consulate to see if they would accept your filing the I-130 directly with them under the exceptional circumstances provision.

[*Snowdrop* 604]

6 hours ago, nastra30 said:

No. That's just one of the requirements. There are many requirements that need to be met. One is physical custody of the child, essentially husband must be living abroad with the child. Husband lives in US so you don't qualify. File I-130.

 

I don't think that's true. The physical presence requirement is about whether the US citizen has lived in the US for at least five years before the child was born with at least two of those five years being after the age of 14. 

 

OP - are you saying your husband did not live in the US as a citizen for five years before the baby was born?

[*Snowdrop* 604]

Also - 

 

It's important to establish this status definitely before applying for the I-130 for the baby because people in the past have got caught out by being eligible for CRBA, not realising, filing the I-130 waiting ages for approval to be told they don't qualify for an immigration visa because the baby is already a citizen. 

 

If you are sure that your husband cannot meet the conditions for CRBA and you file the I-130 - you have the following options:

 

- delay your process until the baby's application catches up.

 

- do your interview and get the visa. Leave the baby with a relative while you fly to the USA - get passport stamped as your effective greencard and fly back home while you wait for baby's interview. If you do this one you'll have to work on timings so that you aren't out of the USA for longer than six months after getting your passport stamped.

 

The good news is that if you have to go the I-130 route then your baby will be able to immediately apply for proof of citizenship with N600 as soon as they enter.

[nastra30 2,284]

20 minutes ago, *Snowdrop* said:

 

I don't think that's true. The physical presence requirement is about whether the US citizen has lived in the US for at least five years before the child was born with at least two of those five years being after the age of 14. 

 

OP - are you saying your husband did not live in the US as a citizen for five years before the baby was born?

Did you read the thread? Do you even know what N600K is? Did you realize my response was about N600K? There is a difference between physical custody and physical presence, not the same thing; did you know that? Again, my response was about N600K. Don't confuse CRBA with N600K requirements. 

Edited August 13 by nastra30

[*Snowdrop* 604]

21 hours ago, nastra30 said:

Did you read the thread? Do you even know what N600K is? Did you realize my response was about N600K? There is a difference between physical custody and physical presence, not the same thing; did you know that? Again, my response was about N600K. Don't confuse CRBA with N600K requirements. 

 

I'm sorry I misread your reply and thought you were referring to the OPs remarks about the physical presence denial. 

 

It's very important that the OP confirms that the CRBA denial because of physical presence was accurate before filing the I-130 because we have seen several parents on here wasting a lot of time waiting for that approval and then potentially being told that their child couldn't qualify for the immigration visa because they were already a US citizen. They end up in a kind of weird limbo that takes a lot of time to sort out. 

 

And yes I know what a N600K and an N600 is - you don't need to reply so rudely. I've been on this site since 2007 and round the block quite a few times with these processes.