Birth abroad CRBA- Exact dates physically present in US

[Lauracohen]

I am a US citizen MOTHER of a 2 months old baby boy. I was born in houston,tx and I moved to south america when i was 8 months old. At age 25 I moved to united states and had a permanent job for 3 and a half years with an american company. I have all my paystubs and tax transcripts for 4 years. During my stay I traveled few times to south america.. mostly they were weekend trips, because i had a fulltime job and i couldnt move a lot.
I moved back to south america one year ago when i found out i was pregnant to be with my baby's father. I am not married.

Now I have two questions:
1. If i wasn't physically present in United States for 365 continuous day but I have all the proof of physical presence documents required, is my son a US citizen?
2. I dont remember the dates of a couple of trips and i didnt get all entry and exit stamps on my passport at the airport .. is it ok if i dont list those trips and i explain to the consul at the embassy?

 

[Jackolantern]

1. If i wasn't physically present in United States for 365 continuous days, my baby is not a citizen though I have all the proof of physical presence documents required?

If you weren't in the US for 365 days, you'll have to use the other provision which would make your baby a citizen at birth if you spent a total of 5 years (not necessarily continuous) in the US, including 2 years after your 14th birthday. If also not eligible with that option, you can file N-600K and use one of your parents' presence to satisfy the 5 years rule, but N-600K wouldn't give the baby citizenship at birth; the citizenship would be granted only upon completion of the N-600K process, which requires traveling to the US at the end of it.

2. I dont remember the dates of a couple of trips and i didnt get all entry and exit stamps on my passport at the airport .. is it ok if i dont list those trips and i explain to the consul at the embassy?

You can give approximate dates and explain the situation, but they may not accept that if those trips are critical to whether you satisfy the 5 year/2 year/1 year criteria or not.

 

[Lauracohen]

Thank you very much jackonlantern

If you weren't in the US for 365 days, you'll have to use the other provision which would make your baby a citizen at birth if you spent a total of 5 years (not necessarily continuous) in the US, including 2 years after your 14th birthday. If also not eligible with that option, you can file N-600K and use one of your parents' presence to satisfy the 5 years rule, but N-600K wouldn't give the baby citizenship at birth; the citizenship would be granted only upon completion of the N-600K process, which requires traveling to the US at the end of it.

I have been present in United States a total of 4[SUB]1/2[/SUB] years. And my parents lived in United States with a student visa for two years. What other options I have?

You can give approximate dates and explain the situation, but they may not accept that if those trips are critical to whether you satisfy the 5 year/2 year/1 year criteria or not.

This is exactly my problem, there is a weekend trip ( friday to sunday) i made in april 2010 but dont remember exact dates. if i put it at the beginning of april, i dont meet the 365 days criteria and if i put it on mid april the i meet the requirement.. Dont they have a way to verify dates in their system?

 

[Jackolantern]

And my parents lived in United States with a student visa for two years.

To use one of the baby's grandparents presence for N-600K, the grandparent must be a US citizen. So obviously that won't help here.

This is exactly my problem, there is a weekend trip ( friday to sunday) i made in april 2010 but dont remember exact dates. if i put it at the beginning of april, i dont meet the 365 days criteria and if i put it on mid april the i meet the requirement.. Dont they have a way to verify dates in their system?

Since that trip is so critical, you need exact dates. They have ways of checking, but you still need to present them with an accurate case. They're not going to do the homework for you; they're only going to check if what you present is true or false.

Looks like you'll need to apply to CBP to obtain the records of your exits and entries. The request can take a few months to be processed.
https://help.cbp.gov/app/answers/de...-travel-in-and-out-of-the-united-states,-foia