dualcanus

Hi, I’m a U.S. citizen (born in California) currently living in Canada. I’m exploring whether my children qualify for a Consular Report of Birth Abroad (CRBA) and U.S. passports, and I need clarity on the physical presence requirement. Key details: I left the U.S. as a child and lived mostly in Canada. I do not have traditional evidence like tax returns, W-2s, leases, or complete school records. I do have: Bank statements and subscription/payment records (2023–present) A valid SSN Some government mail/voter correspondence sent to my U.S. address over the years Travel history that shows about 1.5 cumulative years of visits — but I’m unsure if the travel records are complete A few childhood documents/photos from times when I was staying in the U.S. Brief school enrollment in California in 2003, though the school no longer has records What I need clarity on: What exactly counts as valid evidence of physical presence, especially for childhood years. Whether bank statements, government mail, and intermittent travel entries can be combined to meet the 5-year requirement. Whether incomplete travel records can still be used — and if there is any acceptable workaround when travel history does not fully reflect my actual time in the U.S. Whether the 2003 California school enrollment can be used, and if the school has no records, whether there are alternative ways to prove those months. Realistically, whether the evidence I can gather is likely to meet the 5-year requirement, or whether I should expect challenges or a denial. I want to be fully honest and compliant with the law — I’m not trying to bend rules, but I need to understand whether my situation offers any legitimate path to proving the required physical presence.

Hi again, You were right, my expedite request for my daughter was denied. I was told I only have 12months to keep my son and husband at the nvc stage before it is discarded and that is coming up in December. what do I do? do I go ahead and process this knowing my daughter (6months old), may be left behind? I'm quite stressed about this!

Back again with updates! I filed my daughters i-130 on June 7 Once I received the case number and receipt, I requested expedited processing on a humanitarian basis. The responded on June 10: ”We have determined that your situation and evidence meets the minimum criteria for your expedite request to be forwarded to the office with jurisdiction over your case. Please Note: This does not mean your case will be expedited, as that decision will be made by the reviewing office. The California Service Center will contact you concerning your case once they have reviewed your inquiry. Please allow the USCIS office 10 days to contact you through email.“ It’s now been almost 2 months and I haven’t heard anything from the reviewing office. What do I do? In the meantime, my husband and sons files are at the nvc stage, I am stalling until I can process them all at once. &nbsp

Thank you! Is there a deadline at all? how long can it sit at the NVC? like if I pause both at the NVC stage until she is born and approved, there will be no consequence? just making sure there is no deadline and they won’t retract my application

Also, just wondering… maybe a silly thought. but let’s say my husband and son get everything approved and good to go for our move. But my daughter holds only a Canadian passport as a newborn, can she enter the US with us as a Canadian on a regular visa and then file for an adjustment of status while we are there? Will this be less expensive/complicated than filing a whole new i-130 prior to?

I just got the NVC email for my son, but still awaiting i-130 approval for my husband. Do you think I can call now to speak to a Tier 2 agent and see if they can bump my husband? Just so I can fill it out at the same time?

Thank you for this! I’ll definitely follow these steps once she is born. How do I reach a Tier 2 agent? I find it impossible to get someone on the phone.

Just to clarify, I'm in Canada but not Montreal (Quebec). I live in Ottawa (ontario), not sure if this changes anything? Also my US bank statements go to a US address, does that help?

this is really smart, I thought about it. However, it will cost us a lot to give birth in the US whereas healthcare is free here for this reason, I don't think I can convince my husband

Okay thank you! I will do my research

Okay noted, I qualify for everything apart from this: Physical presence: The transmitting parent must have sufficient physical presence in the United States before the child's birth I have visited the US here and there in the past few years, but I haven't lived there since i was very little. SO will it then be a whole new i-130? (i hope not!)

Okay noted! I'll wait, haha just impatient and excited since my son's was approved! Yes, I have US bank accounts, and my us citizen brother lives in NY. maybe I should obtain a state ID to support my documents

!!Questions in RED!! I'm a US Citizen, I petitioned for the i-130 for my son and husband. My son: Sept 2023 My husband: Oct 2023 I just received approval for my son's petition, awaiting NVC notice I haven't gotten anything for my husband. Is there a way to speed his petition up? Or will I have to just wait? My second situation is, I am a dual citizen of the US and Canada, currently living in Canada. We plan to move to the US all together once they get fully approved. Do I need to be living in the US first, before they come? I petitioned for my son and husband in 2023, and I am now pregnant --due February 2025. My son's case was approved today and we are waiting for the NVC. I assume my husband's case will be approved soon. If baby is born before we all move to the US, what do I need to do for her? do I still do the CRBA? or I file another i-130 for her?