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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
    1,695

    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
    1,695

    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
    28,906

    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
    Sep 2011
    Location
    OH10
    Posts
    17,019

    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.

  8. #8
    Join Date
    Mar 2012
    Posts
    14

    Default Disposable Thoughts

    DISPOSABLE THOUGHT !!!
    Establishing a Parent's Residency for a Child Born Outside of the U.S.----------------------
    Rules for residency for your citizenship are different from those allowing you to pass it to a child born abroad. I certainly can see why there is a question of you being able to do so since you abandoned your residency so soon after gaining citizenship. Since you apparently have no interest in abiding by US laws (as demonstrated by your failure to file and pay any taxes due), why are you so interested in getting citizenship for your child? You realize that citizenship has responsibilities and not only benefits.


    ANSWER:-----------------------------------------------------------------------Without wishing to offend you my dear American fellow, I am a little surprised by your disposable thoughts...---------------
    Here is a few explanations, I am back in France because my father had cancer and my mother is an old lady, I am their only child---------.
    Since you are ennoyed for my Tax returns, I would like you to know: There is a non-double Tax treaty between the U.S and France since 1964-------------Whether you like it or not please know that I LOVE THE U.S.A-------My baby will be a PROUD UNITED STATE CITIZEN and she will pay her taxes where she will choose to live-----and I hope very much that will be in the USA......------------------------THANK YOU SIR FOR YOUR SINCERITY.

  9. #9
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Disposable Thoughts

    I certainly understand the importance of family. If this were really the case, you would not have abandoned them to move to the US. I personally have made many decisions not based on what was best for me personally but what was best for the family. Your excuse does not look legitimate to people who have been in similar - or more difficult - positions.

    Tax treaty or not, you have obligations even if you do not owe taxes. My expat child is dealing with the same issues right now. I understand it is inconvenient but that is no excuse. Do you understand how your failure to live and work in the US is affecting your long term future in the US? You really need to review your situation and plans with professionals - legal, financial and employment. Opportunities and expectations are changing very quickly; if you intend to return to the US, you need to be prepared for the new realities.

    Rather than becoming defensive, you should take my comments and look objectively at how your behavior looks to the officer reviewing your petitions. Your evidence is not totally consistent with your stated position. Get legal help to pursue this.

    Remember too that if you have a son whom you register as a US citizen, he will be subject to the draft and military service if required.

  10. #10
    Join Date
    Mar 2012
    Posts
    14

    Default Re: Disposable Thoughts

    Mister T53147,
    Please, don't be so preachy about what's to do or not, I know it annoys that I became a U.S. citizen so quickly, I made sure my first baby to be born in Africa and the coming one (july) will be born in Sri Lanka. (I do not like easy things)_____
    It is my altruistic vision of life... If this may ennoys you a little more, be aware that my daughters will have 3 or 4 Citizenship and they will speak 4 or 5 languages...
    As for the similarity of the story of your son with mine I find "curious"...I suggest you to stop to annoy the users of this forum and let us continu it on our private messages.


    COSMOPOLITAN

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