SamuelTheKItty
New Member
Good day,
I am assembling a citizenship claim for my spouse under INA 309 (c), for which I need to demonstrate continuous physical presence of her mother (deceased) for one year any time prior to my spouse's birth.
I have largely assembled the case, believe I have met the required burden of proof, and am preparing to submit it to the Consulate. That said, additional opinions as to if I have gathered enough evidence for physical presence would be helpful.
The transmitting US citizen parent (mother) spent the first seven years of her life in the USA. Given this young age, I have not been able to gather much in the way of direct evidence regarding the transmitting parent. However, I have established by way of subsequent birth certificates and a tax lien document the physical presence the transmitting parent's mother over a period of time.
The best evidence I have are documentation of the divorce proceedings of the transmitting parent's parents. The first document, dated October 1966 is an interlocutory judgement of divorce which names the transmitting parent, and orders her into the "care, custody, and control" of her mother. The second document, dated September 1967 is a final judgement of divorce and reaffirms the custody of the transmitting parent to the mother. The final document, dated August 1967, is a modification of the final judgement of divorce. It outlines the current circumstances of the two parents (including the living arrangements of the transmitting parent and her mother, and the fact that her mother could not obtain employment due to caring for the children), indicates neither parent are in violation any previous judgements, and grants custody of the transmitting parent to the father.
Given these are court documents that outline that the transmitting parent was in the custody of an individual who was clearly present in the USA over two year period, in addition to the pattern of evidence of physical presence leading up to these events, I believe this is pretty strong evidence. Am I correct in this assessment? I understand that the standard of proof in this case is the preponderance of the evidence. Considering that fact, I can't fathom how that burden hasn't been met, but I'm willing to be told otherwise in which case, I will attempt to gather more evidence.
Thank you.
I am assembling a citizenship claim for my spouse under INA 309 (c), for which I need to demonstrate continuous physical presence of her mother (deceased) for one year any time prior to my spouse's birth.
I have largely assembled the case, believe I have met the required burden of proof, and am preparing to submit it to the Consulate. That said, additional opinions as to if I have gathered enough evidence for physical presence would be helpful.
The transmitting US citizen parent (mother) spent the first seven years of her life in the USA. Given this young age, I have not been able to gather much in the way of direct evidence regarding the transmitting parent. However, I have established by way of subsequent birth certificates and a tax lien document the physical presence the transmitting parent's mother over a period of time.
The best evidence I have are documentation of the divorce proceedings of the transmitting parent's parents. The first document, dated October 1966 is an interlocutory judgement of divorce which names the transmitting parent, and orders her into the "care, custody, and control" of her mother. The second document, dated September 1967 is a final judgement of divorce and reaffirms the custody of the transmitting parent to the mother. The final document, dated August 1967, is a modification of the final judgement of divorce. It outlines the current circumstances of the two parents (including the living arrangements of the transmitting parent and her mother, and the fact that her mother could not obtain employment due to caring for the children), indicates neither parent are in violation any previous judgements, and grants custody of the transmitting parent to the father.
Given these are court documents that outline that the transmitting parent was in the custody of an individual who was clearly present in the USA over two year period, in addition to the pattern of evidence of physical presence leading up to these events, I believe this is pretty strong evidence. Am I correct in this assessment? I understand that the standard of proof in this case is the preponderance of the evidence. Considering that fact, I can't fathom how that burden hasn't been met, but I'm willing to be told otherwise in which case, I will attempt to gather more evidence.
Thank you.