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Mike E

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Everything posted by Mike E

  1. That generally does not work unless you got a re-marriage certificate which some states allow. Barely. Since you live abroad with her you will go the N-600K route: https://www.uscis.gov/n-600k A copy of your Form I-600 or Form I-800 approval notice and supporting documentation, (except home study) or evidence the child was adopted before their 16th birthday (or 18th birthday if the sibling exception applies) and that their U.S. citizen parent has complied with the two-year legal custody and joint residence requirement (if child is adopted); All this has to complete before age 18.
  2. I have read of situations where CBP has representatives at major airports in Europe who sometimes instruct an airline to not board a passenger.
  3. U.S. law requires a U.S. citizen to fly to the U.S. on a U.S. passport. It does not require a U.S. citizen to walk, drive, swim, or float into the U.S. on a U.S. passport. Indeed, CBP fully embraces U.S. citizens traveling without U.S. passports on cruises, provided the same port is used departure and return. https://www.visajourney.com/terms-of-service/ “By way of example, and not as a limitation, you agree that when using the Service, you will not: [..] Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method“
  4. I have no idea since I do not know what your evidence is. But the possibility exists. These can be difficult processes. Terms and conditions of this website prevent me from telling a U.S. citizen to fly to the U.S. on a non-U.S. passport. I did not suggest or imply that. I would say that a child with a pending CRBA appointment has a better than 99 percent chance of being admitted as a U.S. citizen. Inform CBP there is a pending CRBA and let CBP decide to process the child as a U.S. citizen (if so, admission is 100 percent guaranteed) or as a non citizen (better than 99 percent chance of admission). Bad things happen to U.S. citizens who represent themselves as non citizens to CBP.
  5. Fly to Canada, enter by land, note the pending CRBA appointment to CRBA and let CBP sort out whether to admit your child as a U.S. citizen or a non-citizen. There are no shortage of denied CRBA cases.
  6. A U.S. citizen who presents herself as such at any port of entry on U.S. soil, is going to be admitted unless the officer decides to violate the constitution. It might take several hours of secondary inspection, but legally that is what the courts have decided.
  7. So OP wants to compound the problem by misrepresenting the daughter as a non U.S. citizen. This is what can happen to U.S. citizens who claim to not be U.S. citizens at the port of entry: https://web.archive.org/web/20200118025123/https://www.washingtonpost.com/nation/2019/07/23/francisco-erwin-galicia-ice-cpb-us-citizen-detained-texas/
  8. legally they cannot make you sign I-407 Your passport and ESTA is not a guarantee you will be granted entry after you file I-407. Only your gc is that guarantee. Does your daughter have a gc? Please withdraw your vow to lie to CBP.
  9. Spouses are not dependents. You can claim your children as dependents if you want. You are not forced to do so.
  10. Yes you could have applied sooner. If you have 5 years of tax return transcripts, definitely apply under the 5 year rule.
  11. If a Consular officer believes liquidation of an asset will be a hardship on the sponsor, the asset will not be considered.
  12. The only way to guarantee entry is to not sign I-407
  13. 1. Unlikely 2. Bad idea to lie about your LPR status 3. The only way to guarantee entry is to not sign I-407
  14. Her BC will be needed for NVC and she will need to bring the original and a photo copy to her visa interview.
  15. How does a baby not born in Canada get a Canadian certificate of citizenship when neither parent was born or naturalized in Canada prior to birth? By air, after the child has a U.S. passport. Generally one gets a CRBA first, but not always. The consulate might produce an emergency passport. By land, once a Canadian long form birth certificate is in hand, immediately, since U.S. citizens have an absolute right to enter the U.S. it will be a several hours in secondary.
  16. Off topic and that is not how it works in Canada. Tag me in a topical forum if you want to discuss it more.
  17. The death certificate for the passport application should be sufficient to * show legal custody and * moot his father’s permission for the passport application.
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