My American wife was born in the Philippines. Does she need a cert of citizenship?

[lukefromireland]

Hi,

I am Irish, recently married an American girl in the US.

My wife was born in the Philippines to a Filipino mother and an American father (Navy). They moved to the U.S. when was she was 1 year old.

She has a birth cert from the republic of the Philippines stating that she was born in a U.S. Naval hospital in Subic Bay.

She also has a Department of the Navy (US) Birth Cert stating that she was born in the U.S. Naval Hospital.

She also has a Consular report of Birth Abroad that states "A consular report of birth is proof of United States Citizenship by law: 22 USC 2705"

On form I-130 Part 2

-question 37 says:

"My Citizenship was acquired through:

-Birth in the United States

-Naturalization

-Parents"

So we assume the answer is 'Parents'?

However question 38 asks if she has a certificate of naturalization or a certificate of citizenship.

I am pretty sure she doesn't have a certificate of citizenship, unless the consular report is it. Will this be an issue?

Thank you

[aabreu96]

The answer is ''Certificate Of Citizenship'' because she never naturalized, she acquired US Citizenship when she was born even though she was not born in the USA due to her father's Nationality. She may acquire a Certificate of Citizenship if she files the N-600 form.

[UScitizenFilingforspouse]

Hi,

I am Irish, recently married an American girl in the US.

My wife was born in the Philippines to a Filipino mother and an American father (Navy). They moved to the U.S. when was she was 1 year old.

She has a birth cert from the republic of the Philippines stating that she was born in a U.S. Naval hospital in Subic Bay.

She also has a Department of the Navy (US) Birth Cert stating that she was born in the U.S. Naval Hospital.

She also has a Consular report of Birth Abroad that states "A consular report of birth is proof of United States Citizenship by law: 22 USC 2705"

On form I-130 Part 2

-question 37 says:

"My Citizenship was acquired through:

-Birth in the United States

-Naturalization

-Parents"

So we assume the answer is 'Parents'?

However question 38 asks if she has a certificate of naturalization or a certificate of citizenship.

I am pretty sure she doesn't have a certificate of citizenship, unless the consular report is it. Will this be an issue?

Thank you

The consular report of birth abroad is not a Certificate of Citizenship. It is, however, proof of US citizenship. With the consular report of birth abroad, she may apply for a certificate of citizenship or US Passport or US Passport Card. However, you would have to file form N-600 and that is money you do not need to spend unless you really want that certificate.
For the purposes of your adjustment of status, all she needs to do is show proof of her US citizenship. The consular report of birth abroad is proof of US citizenship but you definitely want to add a document like a US passport which has a picture and serves as proof of citizenship. Xerox those two and include them in your application package.

37. Parents
38. no
(Since there is no option anywhere to show proof of citizenship with a US passport or US passport card, you may add a note on the last page for additional information and state “see X and Y document for proof of US citizenship of petitioner”


Best of luck!

[lukefromireland]

The consular report of birth abroad is not a Certificate of Citizenship. It is, however, proof of US citizenship. With the consular report of birth abroad, she may apply for a certificate of citizenship or US Passport or US Passport Card. However, you would have to file form N-600 and that is money you do not need to spend unless you really want that certificate.
For the purposes of your adjustment of status, all she needs to do is show proof of her US citizenship. The consular report of birth abroad is proof of US citizenship but you definitely want to add a document like a US passport which has a picture and serves as proof of citizenship. Xerox those two and include them in your application package.

37. Parents
38. no
(Since there is no option anywhere to show proof of citizenship with a US passport or US passport card, you may add a note on the last page for additional information and state “see X and Y document for proof of US citizenship of petitioner”


Best of luck!

Awesome reply. She has a passport and a passport card so I'll put copies of everything in the application. Thanks so much for your help.

[newacct]

Hi,

I am Irish, recently married an American girl in the US.

My wife was born in the Philippines to a Filipino mother and an American father (Navy). They moved to the U.S. when was she was 1 year old.

She has a birth cert from the republic of the Philippines stating that she was born in a U.S. Naval hospital in Subic Bay.

She also has a Department of the Navy (US) Birth Cert stating that she was born in the U.S. Naval Hospital.

She also has a Consular report of Birth Abroad that states "A consular report of birth is proof of United States Citizenship by law: 22 USC 2705"

On form I-130 Part 2

-question 37 says:

"My Citizenship was acquired through:

-Birth in the United States

-Naturalization

-Parents"

So we assume the answer is 'Parents'?

However question 38 asks if she has a certificate of naturalization or a certificate of citizenship.

I am pretty sure she doesn't have a certificate of citizenship, unless the consular report is it. Will this be an issue?

Thank you

Someone with a CRBA basically has no reason to ever get a Certificate of Citizenship -- the CRBA is already a single document that proves citizenship that doesn't expire; so it already does everything that a Certificate of Citizenship can do. (In fact, even for someone without a CRBA, in my opinion they shouldn't get a Certificate of Citizenship as it is just a big waste of money; a US passport is sufficient.)

For the I-130, she just needs to attach a copy of either her CRBA or a valid US passport.

For the question 38, as UScitizenFilingforspouse says, just check "No". It's very normal for people who get citizenship from parents to not have a certificate.

[UScitizenFilingforspouse]

Awesome reply. She has a passport and a passport card so I'll put copies of everything in the application. Thanks so much for your help.

You’re welcome! Happy to help. Best of luck! Let us know how it all plays out.