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Question 13 on Form i-130: Do we need a certificate number?

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  • Question 13 on Form i-130: Do we need a certificate number?

    My fiance and I are filling out forms i-130 and i-485. My fiance is a USC and I am undocumented. I came into the country legally and have an i-94.

    Can you help us with question 13 on form i-130?

    My fiance was born in China and adopted. She came over to the states with an IR - 3 visa and then became a USC. I believe she had a permanent residency card before becoming a USC as well.

    We have all the documents we need except the Naturalization Certificate. We don't know if she lost it or if she even got it. She has a US passport so that should be enough to prove citizenship BUT on form i-130, question 13, it asks for a naturalization number.

    What can we do here? Ordering a certificate can take months and costs $555. Is it possible that the A# is the same?

    If you look at question 13, however, there is an option to select if citizenship was acquired through a parent. If you do NOT have a certificate of citizenship in your own name, you can select "no" and not provide a certificate number. Is there any chance that she falls under this? We're hoping we don't need the number.

  • #2
    Citizenship for permanent resident minors living with a USC parent is automatic. After she got citizenship, she could have applied for a Certificate of Citizenship, but there is no need to get it. So it could be either way.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Citizenship for permanent resident minors living with a USC parent is automatic. After she got citizenship, she could have applied for a Certificate of Citizenship, but there is no need to get it. So it could be either way.

      We're not 100% sure if she was a permanent resident. In this case, can we check "NO" to the question , "Parents. Have you obtained a certificate of citizenship in your own name?"


      Also, has anyone had success getting just the certificate number from an infopass appointment?

      Comment


      • #4
        She entered the US on an immigrant visa, therefore she was automatically a permanent resident. And she also automatically became a US citizen (well, it depends on the year; before 2000 it was a little more complicated).

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          She entered the US on an immigrant visa, therefore she was automatically a permanent resident. And she also automatically became a US citizen (well, it depends on the year; before 2000 it was a little more complicated).
          She came after 2000. Sorry for being slow here. Does this mean we can mark "NO"?

          Comment


          • #6
            Again, it could be yes and it could be no. Her parents could have applied for a certificate, but they didn't have a need to. Probably only her parents would know.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by kmark3633 View Post
              My fiance and I are filling out forms i-130 and i-485. My fiance is a USC and I am undocumented. I came into the country legally and have an i-94.

              Can you help us with question 13 on form i-130?

              My fiance was born in China and adopted. She came over to the states with an IR - 3 visa and then became a USC. I believe she had a permanent residency card before becoming a USC as well.

              We have all the documents we need except the Naturalization Certificate. We don't know if she lost it or if she even got it. She has a US passport so that should be enough to prove citizenship BUT on form i-130, question 13, it asks for a naturalization number.

              What can we do here? Ordering a certificate can take months and costs $555. Is it possible that the A# is the same?

              If you look at question 13, however, there is an option to select if citizenship was acquired through a parent. If you do NOT have a certificate of citizenship in your own name, you can select "no" and not provide a certificate number. Is there any chance that she falls under this? We're hoping we don't need the number.
              Hello Kmark, are you both married?
              USCIS will not allow your fiance to petition for you unless you are legally married to her to establish a family relationship.

              Comment


              • #8
                Originally posted by Adrian Gruber View Post
                Hello Kmark, are you both married?
                USCIS will not allow your fiance to petition for you unless you are legally married to her to establish a family relationship.
                Not yet but we will in a few weeks so we are just preparing the paperwork.

                Can you also provide input? My fiance never applied for a certificate before but she may have gotten one (by her mother requesting one) when she was little. In that case, for the question about her citizenship, "Have you obtained a certificate of citizenship in your own name?", can we answer no?

                I'm having a hard time understanding the question and newacct mentioned it could be a yes or a no.

                Comment


                • #9
                  Originally posted by kmark3633 View Post
                  My fiance and I are filling out forms i-130 and i-485. My fiance is a USC and I am undocumented. I came into the country legally and have an i-94.

                  Can you help us with question 13 on form i-130?

                  My fiance was born in China and adopted. She came over to the states with an IR - 3 visa and then became a USC. I believe she had a permanent residency card before becoming a USC as well.

                  We have all the documents we need except the Naturalization Certificate. We don't know if she lost it or if she even got it. She has a US passport so that should be enough to prove citizenship BUT on form i-130, question 13, it asks for a naturalization number.

                  What can we do here? Ordering a certificate can take months and costs $555. Is it possible that the A# is the same?

                  If you look at question 13, however, there is an option to select if citizenship was acquired through a parent. If you do NOT have a certificate of citizenship in your own name, you can select "no" and not provide a certificate number. Is there any chance that she falls under this? We're hoping we don't need the number.
                  Since your fiance is a naturalized citizen and is in possesion of a US Passport on question 13 just put "United States Passport" You will need to make copies of her passport for the I-130 Package along with a legal marriage certificate from your county clerk of courts.

                  Comment

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