I-130 petition - no report of birth abroad or naturalisation certificate

[melmann]

Hi All,

I have dual USA and UK citizenship, but was born and brought up in the UK. I have never lived in the USA.

I am seeking to move to the USA with my husband and daughter soon. They are both British citizens.

The I-130 instructs request for my situation copies of the following documents:

1. My USA passport
2. Certificate of Naturalisation
3. Report of Birth Abroad

I only have a USA passport. I was born in the countryside in the UK and my Mum (through whom I have US citizenship) did not travel to London to register my birth abroad. For some reason I don't have have a naturalisation certificate either. My mum has recently passed away so I cannot ask her whether she ever got me one or not, and why not. I only remember going to get my US passport when I was about 11 years old and having to go through some small interview, the doing the pledging allegance speech.

I am concerned then that my I-130 petition for my husband and daughter will be rejected without these two documents, even though I am clearly a citizen since I have a passport. Can anyone share their experience or knowledge of whether I would actually be rejected without these or whether they would process anyway with just my passport as evidence of my citizenship.

Thanks.

[Ellejee]

You can make copies of ALL pages of your USA passport and that is enough to prove your US citizenship

[rayb]

Melman,

Rejection of your petition is not likely to happen. The three evidence items you cite do not all have to be provided....normally any one of those items will suffice. The caveat, however, is that during the petition review process or during the second step of the National Visa Center pre-interview processing of civil documents, additional proof of original birth (though not necesssarily of citizenship) may be requested. I find this most frequently with U.S. citizen spouses or children who were born outside the U.S. The request, then, is for a birth cert copy to show original birth and relationship to parent.

The U.S. passport is secondary, albeit fully acceptable, proof of U.S. citizenship. The original proof, i.e., Report of Birth Abroad, Citizenship or Naturalization Certificate, might not be available, but USCIS or the State Department can obtain, if needed, the document basis of your original claim for U.S. citizenship or application for the U.S. passport.

I have processed spousal paperwork for a U.S. passport holder who was a Filipino national born in New Guinea. He had no idea how he obtained the U.S. passport, though his mother was a U.S. citizen. He had no problem with his petition for his immigrant wife. On the other hand, I did spousal and children petitions for a U.S. passport holder who was born in the Philippines of a U.S. citizen mother who had been born in Hawaii and returned to the Philippines as an infant. The only proof he had of how he obained his U.S. citizenship was a form letter from the U.S. Embassy in Manila recognizing his U.S. citizenship, and issued to him during his 30's.

--Ray B

Hi All,

I have dual USA and UK citizenship, but was born and brought up in the UK. I have never lived in the USA.

I am seeking to move to the USA with my husband and daughter soon. They are both British citizens.

The I-130 instructs request for my situation copies of the following documents:

1. My USA passport
2. Certificate of Naturalisation
3. Report of Birth Abroad

I only have a USA passport. I was born in the countryside in the UK and my Mum (through whom I have US citizenship) did not travel to London to register my birth abroad. For some reason I don't have have a naturalisation certificate either. My mum has recently passed away so I cannot ask her whether she ever got me one or not, and why not. I only remember going to get my US passport when I was about 11 years old and having to go through some small interview, the doing the pledging allegance speech.

I am concerned then that my I-130 petition for my husband and daughter will be rejected without these two documents, even though I am clearly a citizen since I have a passport. Can anyone share their experience or knowledge of whether I would actually be rejected without these or whether they would process anyway with just my passport as evidence of my citizenship.

Thanks.

[melmann]

Many thanks for your really helpful response. I just wanted to clarify one point. So apart from a copy of my US passport, I should also submit a copy of my birth certificate which shows that I am the child of my mother, who was a US-born citizen and whom I obtained citizenship through? Should I also include a copy of my mother's US passport and birth certificate, or no need?

Melman,

Rejection of your petition is not likely to happen. The three evidence items you cite do not all have to be provided....normally any one of those items will suffice. The caveat, however, is that during the petition review process or during the second step of the National Visa Center pre-interview processing of civil documents, additional proof of original birth (though not necesssarily of citizenship) may be requested. I find this most frequently with U.S. citizen spouses or children who were born outside the U.S. The request, then, is for a birth cert copy to show original birth and relationship to parent.

The U.S. passport is secondary, albeit fully acceptable, proof of U.S. citizenship. The original proof, i.e., Report of Birth Abroad, Citizenship or Naturalization Certificate, might not be available, but USCIS or the State Department can obtain, if needed, the document basis of your original claim for U.S. citizenship or application for the U.S. passport.

I have processed spousal paperwork for a U.S. passport holder who was a Filipino national born in New Guinea. He had no idea how he obtained the U.S. passport, though his mother was a U.S. citizen. He had no problem with his petition for his immigrant wife. On the other hand, I did spousal and children petitions for a U.S. passport holder who was born in the Philippines of a U.S. citizen mother who had been born in Hawaii and returned to the Philippines as an infant. The only proof he had of how he obained his U.S. citizenship was a form letter from the U.S. Embassy in Manila recognizing his U.S. citizenship, and issued to him during his 30's.

--Ray B

[rayb]

Melmann,

Don't "muddy the water" by including your mom's birth cert and U.S. passport. That's overkill and would just confuse reviewers.

Your birth cert copy, a certified version, might be requested during the second step, at the National Visa Center, since you were not born in the U.S. and the NVC has a track record of requesting birth records of U.S. citizen petitioners born outside the U.S. (but not those born inside the U.S.).

-Ray B

Many thanks for your really helpful response. I just wanted to clarify one point. So apart from a copy of my US passport, I should also submit a copy of my birth certificate which shows that I am the child of my mother, who was a US-born citizen and whom I obtained citizenship through? Should I also include a copy of my mother's US passport and birth certificate, or no need?

[melmann]

Thanks for advice Ray B.

Sorry I am a bit ignorant about the process honestly, so please can you tell me what the "second step" is? Is that the interview or when they request further documentation? Do they always do an interview? Do they always ask for extra documentation?

Also, what is a "certified version" of my birth certificate? Just my normal UK birth certificate is not enough? I should not submit that certificate until/unless they request it then?

Melmann,

Don't "muddy the water" by including your mom's birth cert and U.S. passport. That's overkill and would just confuse reviewers.

Your birth cert copy, a certified version, might be requested during the second step, at the National Visa Center, since you were not born in the U.S. and the NVC has a track record of requesting birth records of U.S. citizen petitioners born outside the U.S. (but not those born inside the U.S.).

-Ray B

[rayb]

You are submitting I-130 immigrant visa petitions. There are three processing steps:
1. Review of eligibility of petitioner and applicant by USCIS.
2 Preparation for Embassy by National Visa Center, requiring additional fees and paperwork (sponsorship, legal documents, online application)
3. Embassy or consulate interview.

For immigrant visas, there is always an interview at the Embassy or Consulate with jurisdiction.

Don't bother including your birth cert copy with your petition. Wait until the second step, NVC. At that time, certified or "true copies," issued by a government agency must be provided of marriage, birth and police certiicates. Also the second step, NVC, requires sponsorship documentation.

You should obtain a new copy of your birth cert from the UK issuing agency, and this will be considered a "Certified" or "True Copy."

--Ray B

Thanks for advice Ray B.

Sorry I am a bit ignorant about the process honestly, so please can you tell me what the "second step" is? Is that the interview or when they request further documentation? Do they always do an interview? Do they always ask for extra documentation?

Also, what is a "certified version" of my birth certificate? Just my normal UK birth certificate is not enough? I should not submit that certificate until/unless they request it then?