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  1. This is my first post. I’ve gotten a ton of valuable information from this community and so far I’ve been able to find answers to all my questions here! However I’ve hit a roadblock and we are working on a tight timeline so I need some help. My husband was born in the US and lived there till he was 6 years old before leaving due to his dads work which brought him to many countries. He returned to the US at age 17 for university for 4 years. During university he traveled in and out of the US to visit his family. After that he moved back home and never lived or worked in the US but would travel back for business or pleasure. He definitely meets the 5 year physical (incl 2 years after age 14) presence requirement for our children to receive CBRA. However he does not have his first passport which shows his first 6 full years in the US. He has his university transcripts and passports showing his total presence in the US after age 14 to be just under 4 years. We have been married for 15 years and have two children born in China, aged 8 and 10. We live in Beijing but never went to the US consulate there to register their birth. We never went through the CRBA process because we could not provide evidence of the total 5 years physical presence before the children worn born. My husband found work in the US and left in January to start a new job there. Myself and the kids are still in China trying to get our PR or passports to join him. We hope to leave in June after the school year so that the children can start school in the US in August. Since we did not file CRBA, in December he filed a petition for all three of us to obtain immigrant visas. The process has been smooth and quick. We received notice to book our interviews in early March and I’m busy gathering all the documents for the interview which we plan to schedule in May. However, after much research and talking to someone in a similar situation it seems that we need to prove that our CRBA was denied and its not our own choice to choose either CRBA or I-130. My husband will be back in May to try filing CRBA and get US passports for the children. If that is denied then he should get a letter of denial which we will present at our immigrant visa interview. My questions are: 1. Is this a feasible plan? 2. If CRBA is denied, do we get the denial letter on that day? Because we would like to go for our medical and immigrant interview ASAP after the denial. 3. Will Guangzhou accept the denial letter at the interview or was it supposed to be submitted at petition time? I wonder why they didn’t ask for that when it’s clear that my husband is a US citizen through birth in the US. 4. If we go our our visa interview in mid May, would we be able to leave China on the last week of June?
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