New I130 or CRBA for new born

[yangshang0 0]

I am a USC and already filed I130 for my wife in 2023 and she is currently live seperately where I live in the US and she live in her respective country.  Her petition has not approved yet, we are still waiting. Now, she is pregnant and expected to deliver our child next month. I was wondering after the child is born should I file another I130 form or should I just contact consulate and file CRBA?

[appleblossom 2,596]

2 minutes ago, yangshang0 said:

I am a USC and already filed I130 for my wife in 2023 and she is currently live seperately where I live in the US and she live in her respective country.  Her petition has not approved yet, we are still waiting. Now, she is pregnant and expected to deliver our child next month. I was wondering after the child is born should I file another I130 form or should I just contact consulate and file CRBA?

 

Do you meet the requirements to pass US citizenship on to your child or not? The answer will depend on that. https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

[SansTortoise 27]

2 hours ago, yangshang0 said:

I am a USC and already filed I130 for my wife in 2023 and she is currently live seperately where I live in the US and she live in her respective country.  Her petition has not approved yet, we are still waiting. Now, she is pregnant and expected to deliver our child next month. I was wondering after the child is born should I file another I130 form or should I just contact consulate and file CRBA?

 

Born in wedlock to a U.S. citizen and alien:

“For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.” (From the link above)

 

So long as you meet those requirements the child is a U.S. citizen and you can request a CRBA.

 

 

Edited August 18 by SansTortoise

[yangshang0 0]

13 hours ago, SansTortoise said:

 

Born in wedlock to a U.S. citizen and alien:

“For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.” (From the link above)

 

So long as you meet those requirements the child is a U.S. citizen and you can request a CRBA.

 

 

I meet the requirement because I always been living and working in the US. My wife is living abroad while waiting for the I-130 to be processed. I go to her respective country to visit her once a year during my vacation time.
Can my tax return be the proof for physically present in the US?

[OldUser 6,775]

4 minutes ago, yangshang0 said:

Can my tax return be the proof for physically present in the US?

That's one good proof. What about vote registration, rent agreement, mortgage, job?

[yangshang0 0]

5 minutes ago, OldUser said:

That's one good proof. What about vote registration, rent agreement, mortgage, job?

how many proof do I need?

[powerpuff 6,715]

Just now, yangshang0 said:

how many proof do I need?

As much as possible? 

[SansTortoise 27]

38 minutes ago, yangshang0 said:

I meet the requirement because I always been living and working in the US. My wife is living abroad while waiting for the I-130 to be processed. I go to her respective country to visit her once a year during my vacation time.
Can my tax return be the proof for physically present in the US?

University or other school transcripts usually are the easiest. University transcript (if you went to a 4 year school) plus a letter from your employer stating you’ve been working for the company for X years while physically in Y location should be sufficient. If you’ve been working for the same employer 5 years or more that’s probably enough — can include a sampling of paystubs as well. High school transcripts are even stronger proof than university since there aren’t all that many international virtual U.S. high schools.

 

I’d stay away from tax returns, voter registrations, etc. you can be registered to vote and file taxes with a US mailing address not in the U.S. (plenty do.) It’s hard to be physically enrolled to attend a U.S. university or high school virtually. Same with work: your employer saying they’ve seen you regularly for 5 years within the U.S. is pretty hard to question.

 

Other things you can include are: rental agreements, utility bills, paystubs, etc.

 

Basically any of the “daily life” things your local DMV will count as proof of residency for a Real ID purposes will help.

Edited August 18 by SansTortoise

[OldUser 6,775]

31 minutes ago, SansTortoise said:

I’d stay away from tax returns, voter registrations, etc. you can be registered to vote and file taxes with a US mailing address not in the U.S. (plenty do.)

This evidence doesn't hurt any case. Anything can be questioned, but usually it doesn't. It's recommended by immigration lawyers.

 

I agree, school records / paystubs are even better.

 

 

 

Edited August 18 by OldUser

[nastra30 2,287]

17 hours ago, yangshang0 said:

should I just contact consulate and file CRBA?

This. Good advice from others on documents to use. The more the better. Good luck

 

[SansTortoise 27]

6 minutes ago, OldUser said:

This evidence doesn't hurt any case. Anything can be questioned, but usually it doesn't. It's recommended by immigration lawyers.

 

I agree, school records / paystubs are even better.

 

 

 

Yeah, that’s fair. It doesn’t hurt, but I’d definitely want to include items that show you were physically here as well. If they’re easily accessible always best to include the stronger evidence.

Edited August 18 by SansTortoise

[Moda25 48]

My brother in law used his social security in come statement as proof of physical presence and it worked for him.