I-129F QUESTION NO. 10 MY CITIZENSHIP WAS ACQUIRED THROUGH

[Robb&Ann 101]

Hello everyone! I've got another question and I hope you can help me with this.

Question is regarding I129F Part A-Question # 10: My Citizenship was acquired through:

-Birth in the US

-Naturalization

-Parents

My Fiance (USC) was born in 1968 at Japan when his parents were serving in the US Military. I asked my fiance why he checked "Birth in the US" and he told me that he got a birth certificate from the US state department and that he is one of the few people with a Federal recognized birth certificate. His birth is seen as a US birth and also at that time Okinawa, Japan was a US territory. I asked him if it is ok that he checked "Birth in the US" and he said it is fine. His parents are USC too. My fiance has a birth cert no., date and placed issued. Born in a US territory at that time, born in the US military hospital or US embassy is also same as being born in the US?

I am confused and I don't know if what we did is right. any opinions?

Anyone who are expert or has same situation?

Thanks!

[Brother Hesekiel 2,235]

It is true that after the end of World War II in 1945, Okinawa was under United States administration for 27 years, so 'til 1972, so consequently that was the case in 1968 when your fiance was born. I am still not convinced that this would qualify as being born on U.S. soil, as U.S. military bases are not U.S. soil.

(Read this: http://www.state.gov/documents/organization/86755.pdf)

Hence, if your fiance was born to two U.S. citizen parents and obtained his citizenship via jus sanguinis, I would opt for "parents" as the correct answer.

That said, they'll figure it out at the other end anyway.

[aws&ndd 103]

I am the same situation...I was born in the philippines while my dad was stationed there in the navy. I have a philippine birth certificate and a certificate of birth abroad. My parents are both US citizens. I put citizenship aquired through parents. Dont want an RFE if I say birth in US and my listed birthplace is a foreign country. I was approved no problem.

[Robb&Ann 101]

I am Robb, the guy in question.

I have never had a Japanese birth certificate. Both of my parents are US citizens, both served in the Vietnam War. I was born in Okinawa, a US territory at the time, at the US Army hospital.

For example:

I was born in the same manner as John McCain, and the same form of documentation. The combinations of location, parents, and form of documentation have McCain as a 'natural born citizen'. No one has ever even remotely questioned the legitimacy of McCain's eligibility to run for president. (John McCain was born on August 29, 1936, at CoCo Solo Naval Air Station in the Panama Canal Zone. At that time, the Panama Canal was under U.S. control. Both parents US Citizens, and special documentation.)

While some people have tried to claim Obama was not a 'natural born citizen' even though born to a parent who was a US citizen at the time of his birth, it was suggested that he was not born on US soil. (I'm not getting into a birther debate, just pointing out the difference)

At the time of my birth the US recognized the birth as US soil. Additionally the ONLY place I can get a copy of my birth certificate is from the US Department of State.

My ONLY birth certificate is from the US department of State. The most recent copy signed by Condoleezza Rice.

When filling out any legal form I have been required to state it as US birth. Passports, US Security clearances, etc…

Many other people even born at the same time and area can have a Japanese birth certificate. Many others have a consular report of birth abroad from Naha. I do not.

Mine is from the US Department of State, with a raised US Department of state seal, and signed by the US Secretary of State at the time any copy is made.

Considering the document is from the Department of State,the Department of State is the attached body the US Embassies and I had been advised in prior situations to classify my citizenship documentation as 'US Birth'. I think I am supposed to use what the Department of State told me.

Edited December 29, 2012 by Robb&Ann

[Jeikun 65]

Born to military parents on a US base abroad, is born on US soil. Okinawa being a territory at the time makes it a sure bet. The birth certificate is key. If it is a foreign government's birth certificate, then it's "parents" but that's not the case here.

Edited December 30, 2012 by Jeikun

[Robb&Ann 101]

thank u for ur response. so we will select "birth in the US instead since he has a birth cert just like what the USC born in the US . and he dont have a BC in Japan.

Born to military parents on a US base abroad, is born on US soil. Okinawa being a territory at the time makes it a sure bet. The birth certificate is key. If it is a foreign government's birth certificate, then it's "parents" but that's not the case here.

[Kitkat88 1]

Yes he is an American Citizen my daughter was born same place it's considered U.S. soil she has U.S. passport from birth.

[JimVaPhuong 4,863]

Born to military parents on a US base abroad, is born on US soil. Okinawa being a territory at the time makes it a sure bet. The birth certificate is key. If it is a foreign government's birth certificate, then it's "parents" but that's not the case here.

No, it's not. The overwhelming majority of US bases abroad are not considered sovereign US territory. They are simply leased from the foreign government. Children born on those bases are treated as being born abroad to US citizen parents. Their births must still be registered with the consulate with a CRBA. The only difference between them and any other child born to a US citizen abroad is that the military's consular liaison office usually handles the CRBA. However, their US citizenship would still be acquired through their parents and not by birth.

Okinawa during the time period the OP mentioned was a completely different situation. The island was under the administration of the US government. This is not technically the same as being a territory of the US, but it does mean that the US maintained sovereign control over the island. People born to Okinawan parents and registered in an Okinawan koseki were considered citizens of Okinawa - not Japan - and were issued US passports when they traveled abroad. People born to US citizen parents were considered US citizens by birth. That ended when the administration of Okinawa was turned over to the Japanese. Most of those Okinawan citizens were repatriated and became Japanese citizens.

I was born in the same manner as John McCain, and the same form of documentation. The combinations of location, parents, and form of documentation have McCain as a 'natural born citizen'. No one has ever even remotely questioned the legitimacy of McCain's eligibility to run for president. (John McCain was born on August 29, 1936, at CoCo Solo Naval Air Station in the Panama Canal Zone. At that time, the Panama Canal was under U.S. control. Both parents US Citizens, and special documentation.)

Actually, John McCain's status as a "natural born citizen" was challenged during his campaign. John McCain was actually NOT a US citizen under the law at the time of his birth, but was considered a US national without citizenship. USC 1403, which became law in 1937, retroactively conferred US citizenship on people born in the Panama Canal Zone at the time McCain was born. There were at least a few constitutional lawyers who questioned McCain's eligibility as a "natural born citizen" to become President, including Haward Chin, professor of law at the University of Arizona. Fred Hollander filed a lawsuit in a district court in New Hampshire challenging McCain's eligibility. That case was dismissed for lack of standing. Markham Robinson, an elector for the American Independent Party, filed a lawsuit in the Northern District Court of California challenging McCain's eligibility. That case was also dismissed for lack of standing. However, the District Judge William Alsup did state in his injunction that it was his opinion that McCain would probably be considered a natural born citizen under USC 1401. The US Senate passed a unanimous non-binding resolution in 2008 declaring that John McCain was a natural born citizen and eligible to serve as President. Since no court heard the case on it's merits, McCain's status as a natural born citizen is considered undecided from a legal standpoint. However, nobody questions that he is a US citizen.