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  1. #1
    Join Date
    Mar 2012
    Posts
    14

    Default Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Hi there,I moved legally from France to Florida in October 1995, I lived and worked permanently there until April 2002 as green card holder, august 2000 I became a U.S. citizen.

    May 2011, My wife, my baby girl (born outside the U.S. soil) and I went to our U.S. Consulate to register our baby and also to apply for a SSN and a U.S passport.

    2 local agents with the presence of our U.S consul verified:
    My American passport, my U.S. voter identification, my citizenship certificate and several official documents proving that I have permanently lived in the U.S soil for almost 7 years. Then they made me complete all forms and asked me to pay the appropriate fees.

    After that our U.S. consulate administration kept calling me by phone and sending emails:" We need more evidence that you have lived permanetly in the U.S. for 5 years" (Form DS-5507: Affidavit of physical presence).

    Here is the list of the official documents I sent them:
    --- Primary proves of evidences:1 -
    - Transcript of schedule of work from SSA; 1996,97,98,99 and 2000
    - Copies of Tax return that I still had in my possession, 1999 and 2000
    - Copy of my Florida Id issued in 1996
    - Copy of my first work permit issued by the INS office in F.L. in 1996
    - Copy of my F.L .driver license issued in 1997.

    --- Secondary proves of evidences:
    1 - A contract and schedule of payments under my name from a nationwide landlord company showing that I have lives in the same Apt during 4 years and 8 months
    2 - Several banking and financial documents from 1996 to 2002.
    3 - Several paid bills...
    4 - My U.S passport showing that I was in the U.S. until April 2002.
    After all that our Abroad administration sent me an email asking"WE NEED MORES EVIDENCE and you need to pay the same fees again"

    A U.S passport costs $120 for a child born inside the U.S. soil and less that 2 weeks to get it.I already have spent $1400 (all included) without getting any result,
    this issue has been going on since spring 2011.

    How arbitary !!! Would that be possible for anyone telling me what to do or giving some advices ?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,270

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    You make no reference to recent tax returns. Have you not filed as required on your world wide income?

    How did you drive legally between 1995 and when your license was issued in 1997? Normally, any legal visa holder would obtain a DL at the earliest opportunity. In fact, many states require it within 30 days of establishing residency.

    I suggest that you have a US immigration attorney review your evidence.

  3. #3
    Join Date
    Mar 2012
    Posts
    14

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Hello,
    Thank you for a such clear analysis of ma case.
    When I was going to an English school for adults from October 1995 to March 1996 I drove with an international French D.L.
    after that I got my first Florida D.L and when I moved to a new place in 1997 I got the new one I sent them (expired in 2002).
    I driving now with the French D.L since I moved back to Europe in the late of April 2002.

    Since 2003 I file Tax return in France.

    After verifying my case, why would "our" abroad administration would have made me filed all the forms and also asked me
    to pay the adequate fees then ?


    What is your point of view on this ?

    I forgot !
    They also have my first Florida ID issued in 1996

  4. #4
    Join Date
    Jan 2007
    Posts
    1,270

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    First, a US citizen is required to file and pay taxes on world wide income; tax treaties will likely provide an credit for foreign taxes. You need to review your situation with an individual experienced in US-French taxes.

    Fees are processing fees not approval fees. IMO, your case is so muddled with inconsistencies and you are so unfamiliar with US laws (since you have not filed taxes) that you really need legal representation to properly analyze your case and to present it properly if you qualify. It is likely that he will be able to locate missing information. It is important that you do this quickly since documents are destroyed on a regular basis and become impossible to recover.

  5. #5
    Join Date
    Mar 2012
    Posts
    14

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    I am absolutely unfamiliar with U.S Tax rules but don't you think that my issue is more focused on
    me proving 5 years of my physical presence in the U.S. soil no matter of my current U.S Tax situation or status ?
    And of course I went a way beyond what they nedeed (please check the list out of what I provided them with)
    I did file Tax- return when I lived in the U.S. for all years.
    I will definetely make clear my U.S. Tax issues with the I.R.S. (Thanks for the advice)

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Quote Quoting Cosmopolitan
    View Post
    Transcript of schedule of work from SSA; 1996,97,98,99 and 2000
    Reflecting all years you were employed? Note, proof of employment with some amount of earned income during a given tax year is not proof of residency for the full tax year.
    Quote Quoting Cosmopolitan
    Copies of Tax return that I still had in my possession, 1999 and 2000
    Consider ordering transcripts of the other years, or if you prefer full copies.
    Quote Quoting Cosmopolitan
    Copy of my Florida Id issued in 1996
    We're talking here about a state ID card? If you were a permanent resident of Florida, why didn't you obtain a driver's license at that time?
    Quote Quoting Cosmopolitan
    Copy of my first work permit issued by the INS office in F.L. in 1996
    What about proof of your actual enrollment dates from the school you attended and, for subsequent work, proof of your start date and continued employment from your ex-employer?
    Quote Quoting Cosmopolitan
    Copy of my F.L .driver license issued in 1997.
    Depending on the circumstances, Florida driver's licenses can expire after four, six or eight years. When did your license expire?
    Quote Quoting Cosmopolitan
    A contract and schedule of payments under my name from a nationwide landlord company showing that I have lives in the same Apt during 4 years and 8 months
    Where did you live the rest of the time?
    Quote Quoting Cosmopolitan
    Several banking and financial documents from 1996 to 2002.
    Why not the monthly or quarterly financial documents addressed to your permanent residence in the U.S. for the full duration of your stay?
    Quote Quoting Cosmopolitan
    Several paid bills...
    Why not documentation that you received bills at, and paid bills from, your U.S. address every month for the full duration of your stay?
    Quote Quoting Cosmopolitan
    My U.S passport showing that I was in the U.S. until April 2002.
    That is to say, between some point after August 2000 and a stamp showing entry into a foreign nation in April, 2002? What about your prior passport? Also, although not all travel is stamped in a passport, if you were traveling by air or sea, the USCIS may be able to provide an entry and exit record.

  7. #7
    Join Date
    Mar 2012
    Posts
    14

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Hello Aaron,
    First thank you four expertise,

    1 -I got my first U.S passport in Aug. 2000, I renewed it in the same cons. where I applied for my baby.
    - before that I used the passport of my origine country.


    2- I only kept the last paid bills (4 months)
    - the same about the financial and credit card documents.

    3- My 6 years Florida D.L expired by the end of 2002, since then I've been driving with a French one.

    4- I did not obtain a FL. Driver l. because I had an intenational French D.L valid for 1 year.

    5- The SSA transcript was clear about all my employers (adresses and income for each one of them) .

    6- My U.S born ex-wife and I lived a hre mother with no document under our name avalaible.
    - My ex-wife sent a postive letter to explain our story to the U.S consulate.

    Aaron,
    Don't you think that the U.S consulate's decision to demand more evidences is useless and a bit arbitrary ?

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,418

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    You cannot claim you were a US citizen, have earned income and not paid US taxes on the money. By virtue of filing France tax returns, you were claiming to be a Frenchman in France.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,341

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Quote Quoting Cosmopolitan
    View Post
    I got my first U.S passport in Aug. 2000, I renewed it in the same cons. where I applied for my baby.
    - before that I used the passport of my origine country.
    So you should be able to document your comings and goings by air and sea prior to August, 2000.
    Quote Quoting Cosmopolitan
    I only kept the last paid bills (4 months)
    - the same about the financial and credit card documents.
    See what records your creditors have of your past addresses and associated account activity.
    Quote Quoting Cosmopolitan
    My 6 years Florida D.L expired by the end of 2002, since then I've been driving with a French one.
    I did not obtain a FL. Driver l. because I had an intenational French D.L valid for 1 year.
    You're taking the position that you weren't a permanent resident of Florida until 1997? Because people relocating to Florida are required to get Florida driver's licenses within 30 days of becoming residents.
    Quote Quoting Cosmopolitan
    The SSA transcript was clear about all my employers (adresses and income for each one of them).
    So... you think the USCIS should contact your former employers about your work history, and start and end dates of employment? You need to do that yourself.
    Quote Quoting Cosmopolitan
    My U.S born ex-wife and I lived a hre mother with no document under our name avalaible.
    Neither of you have any evidence that you lived together, as a family, with your mother-in-law for seven years? And you wonder why the USCIS is skeptical? How about bills, vehicle registration, the address on your driver's license, bank accounts, employment records, your address on your tax returns... you should be able to come up with lots of evidence without too much effort.
    Quote Quoting Cosmopolitan
    My ex-wife sent a postive letter to explain our story to the U.S consulate.
    And?
    Quote Quoting Cosmopolitan
    Don't you think that the U.S consulate's decision to demand more evidences is useless and a bit arbitrary ?
    The USCIS demand for more evidence is quite understandable, given that you appear to have offered them scant evidence of continuous residency.

  10. #10
    Join Date
    Mar 2012
    Posts
    14

    Default Re: Establishing a Parent's Residency for a Child Born Outside of the U.S.

    Ok,
    The USCIS knows if l became a U.S. citizen that I had to fulfill all residency conditions, Tax-return for all years and so on.
    To my point of view the problem comes from the U.S. consulat, it is reputed to be "little" uncooperative and reluctant...

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