Birth Certificate vs Citizenship

[CaseyLee 0]

Hi All,

I've just received my I-130 NOA2 and I'm ready to send off my I-485, but I just wanted to confirm something before submitting.

I was born in South Africa and gained Austrian Citizenship through my mother at birth. I have always used my Austrian passport, and will be applying for Permanent Residence as an Austrian citizen, because my ESTA via the Visa Waiver Program through which I entered America is in my Austrian passport. So, my birth certificate is from the South African Dept. of Home Affairs and says I am South African. I have a Document of Citizenship (staatsbürgerschaftsnachweis) from the Austrian Consulate in Pretoria with my date of birth on it, but it is only a form to say I was born in South Africa and have Austrian citizenship.

Should I submit a copy of both documents with a translation of the one in German or should I just submit my Birth Certificate with a copy of Austrian passport?

Thanks for any advice, I've been splitting hairs over all the details and I'm still worried we've filled something out wrong, or will submit incorrectly somehow.

[The Mean Lady 604]

Are you in the US?

The I-485 is sent in conjunction with the I-130.

So I find it strange that you're sending it now.

Perhaps you're preparing forms that you shouldn't be.

[CaseyLee 0]

Are you in the US?

The I-485 is sent in conjunction with the I-130.

So I find it strange that you're sending it now.

Perhaps you're preparing forms that you shouldn't be.

I am in the US, my husband proposed and we got married while I was here on the VWP - no I-94 number, no physical visa. I was advised (in hindsight not very accurately) to send in my I-130 first and await a decision before sending in the remaining I-485. Concurrent filing is recommended, but is not necessary.

The USCIS website says, "Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, concurrent filing is not allowed as the intending immigrant must have an approved basis of eligibility (i.e. an approved petition) before being allowed to file for adjustment of status."

I was stupid not to check this out further or ask for advice here, but at the time I was scared to mess up by assuming I was eligible. Hence me twiddling my thumbs for 6months waiting for 1-I30 approval.

Anyway, my NOA2 stated petition approval and asked me to send in an I-485. So, what should have been a long process has turned into a ridiculously, unnecessarily long process. You live and you learn.

Any idea on the Citizenship vs Passport issue?

[pushbrk 13,683]

I am in the US, my husband proposed and we got married while I was here on the VWP - no I-94 number, no physical visa. I was advised (in hindsight not very accurately) to send in my I-130 first and await a decision before sending in the remaining I-485. Concurrent filing is recommended, but is not necessary.

The USCIS website says, "Concurrent filing is always allowed for all immediate relatives of a United States citizen, since there are no numeric limitations in this category. However, in some categories, even if there is a visa number available at the time of filing, concurrent filing is not allowed as the intending immigrant must have an approved basis of eligibility (i.e. an approved petition) before being allowed to file for adjustment of status."

I was stupid not to check this out further or ask for advice here, but at the time I was scared to mess up by assuming I was eligible. Hence me twiddling my thumbs for 6months waiting for 1-I30 approval.

Anyway, my NOA2 stated petition approval and asked me to send in an I-485. So, what should have been a long process has turned into a ridiculously, unnecessarily long process. You live and you learn.

Any idea on the Citizenship vs Passport issue?

Send a copy of your birth certificate. If not in English, send a certified translation as well. If you only have one passport, a copy of that passport is what you send. When asked country of citizenship, answer both countries.

[CaseyLee 0]

Send a copy of your birth certificate. If not in English, send a certified translation as well. If you only have one passport, a copy of that passport is what you send. When asked country of citizenship, answer both countries.

Thanks, that's really helpful! My birth certificate is in English.

I have two passports, South African and Austrian, should I send copies of both or just the Austrian one with my entry stamps and info page? Also, should I be saying "Austrian/South African" at every instance on the forms when country of citizenship/nationality is asked? It comes up quite a bit.

[CaseyLee 0]

repost. oops.

Edited February 26, 2013 by CaseyLee

[pushbrk 13,683]

Thanks, that's really helpful! My birth certificate is in English.

I have two passports, South African and Austrian, should I send copies of both or just the Austrian one with my entry stamps and info page? Also, should I be saying "Austrian/South African" at every instance on the forms when country of citizenship/nationality is asked? It comes up quite a bit.

Yes on the every time it comes up. You could always send a copy of both passport data pages and then take both actual passports to the interview. Definitely send the page with then entry stamp as well.

The Birth Certificate needs to be the long form showing names of parents.

Edited February 26, 2013 by pushbrk

[CaseyLee 0]

Yes on the every time it comes up. You could always send a copy of both passport data pages and then take both actual passports to the interview. Definitely send the page with then entry stamp as well.

The Birth Certificate needs to be the long form showing names of parents.

Thank-you Pushbrk! Really appreciate your advice!!!

[VanessaTony 3,567]

Thanks, that's really helpful! My birth certificate is in English.

I have two passports, South African and Austrian, should I send copies of both or just the Austrian one with my entry stamps and info page? Also, should I be saying "Austrian/South African" at every instance on the forms when country of citizenship/nationality is asked? It comes up quite a bit.

I believe because you were born in South Africa but are applying based on your Austrian citizenship you need to list both on the forms.

I am UK/Australian. I applied from Australia and was born in Australia therefore only needed to list my Australian citizenship (even though I included a copy of my UK passport to prove we met in person). They didn't want to know anything about my UK citizenship even though I offered my passport at interview.

[CaseyLee 0]

I believe because you were born in South Africa but are applying based on your Austrian citizenship you need to list both on the forms.

I am UK/Australian. I applied from Australia and was born in Australia therefore only needed to list my Australian citizenship (even though I included a copy of my UK passport to prove we met in person). They didn't want to know anything about my UK citizenship even though I offered my passport at interview.

I hope the same thing happens for me! I'm a little worried they decide that since there is NO official document connecting my birth certificate (SA) with my passport (AT) they may need something to prove I am who my passport says I am.