N-400: Don't have naturalization information of USC spouse

[mrs.sr 0]

Hi,

We are getting ready to file for naturalization for my spouse based on marriage to me (US citizen) and have a question about Part 8 on the N-400 application.

Part 8. Information About Your Marital History

C. Is your spouse a U.S citizen? _x_Yes __No

D. If your spouse is a U.S. citizen, give the following information:

1. When did your spouse become a U.S. citizen? __ At Birth _x_Other

If "Other," give the following information:

2. Date your spouse because a U.S. Citizen: MM/DD/YYYY

3. Place your spouse became a U.S. citizen (See instructions): _________________ (city and state)

I (USC spouse) obtained my citizenship through my parents when they got naturalized and when I was 17. My parents did not apply for a naturalization certificate for me and applied for my passport using their naturalization certificate and my birth certificate (from outside U.S). I don't remember the date and place I was naturalized (it was 15 years ago) and don't have access to this information as I am not in touch with my family.

How can one go about obtaining this information? I cannot apply for N-600 "Certificate of Citizenship" as I don't have most of the information required in that form. The only proof of citizenship I have is my valid passport.

Any advice is appreciated.

Thank you.

[rajur1212 0]

i dont think anyone can get a US passport without naturalization(only if born in US).as you said you have a US passport,it means you have been naturalized.and as you were a minor you parents might have got you naturalized back then.bec its impossible to get a US pasport without naturalization even if your a minor.no one can get a US passport on their parents naturalization.

u still can call uscis and inquire about it,and for a replacement naturalization certificate you have to fill n-565 not n 600.

i would say consult a laywer.

[mrs.sr 0]

i dont think anyone can get a US passport without naturalization(only if born in US).as you said you have a US passport,it means you have been naturalized.and as you were a minor you parents might have got you naturalized back then.bec its impossible to get a US pasport without naturalization even if your a minor.no one can get a US passport on their parents naturalization.

u still can call uscis and inquire about it,and for a replacement naturalization certificate you have to fill n-565 not n 600.

i would say consult a laywer.

Thank you for replying. According to "The Child Citizenship Act of 2000"

Automatic Citizenship by Naturalization of Parent

Source: http://newjerseyimmigrationlawyers.wordpress.com/automatic-citizenship-naturalization-parents-relatives/

The Child Citizenship Act of 2000 (effective on Feb. 27, 2001) made the child who is below 18 years old an automatic citizen if one of his parents naturalizes. The child’s citizenship is granted by operation of law. This means the child does not even have to do anything but he will be considered a U.S. citizen.

Also from USCIS:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Edited March 3, 2013 by mrs.sr

[VanessaTony 3,567]

i dont think anyone can get a US passport without naturalization(only if born in US).as you said you have a US passport,it means you have been naturalized.and as you were a minor you parents might have got you naturalized back then.bec its impossible to get a US pasport without naturalization even if your a minor.no one can get a US passport on their parents naturalization.

u still can call uscis and inquire about it,and for a replacement naturalization certificate you have to fill n-565 not n 600.

i would say consult a laywer.

You're wrong, just as an FYI. A minor, living in the US, obtains US citizenship when their parents do.

[NickD 203]

I gather you did not petition for your spouse to bring him here, also gather you are a woman. You certainly had to provide proof you are a US citizen or at least a LPR to do that before you cane even petition for him.

Those of us that did petition to bring our intended here had to prove we were US citizens, not only that, but had enough bucks to support them, were taxpayers, go through that long AOS stage, then that crazy ROC stage with more loopholes in it than you can shake a stick at, then applied for that so-called marriage privilege so we can finally be free of the USCIS. As a US citizen spouse, was also tied down, having to report to the USCIS where I was at.

So I am gathering you met your husband here. How did he come here? Does he have a green card? Work visa, lottery are other means. Seems like if this is the case, that marriage privilege does not apply and he has to wait the full five years.

Am I confused? Did you already have a US passport? Seems like if you had, you should be able to apply for a new one. Thought about my stepdaughter in this case, due to long delays in our AOS processing, she barely turned 18 when her mom was naturalized. But if they were a week sooner, would have spent the 600 bucks on her for that N-600 just to permanently end her relationship with the USCIS. But as it was, she had to wait two more years and had to spend $680.00 plus another 1,350 miles of driving. Felt I owed that to her, after all, I did bring her here. Oh, and another couple of hundred or so, for a US passport.

With my weird sense of humor, pointed out, I spent a lot more money importing dogs from Germany, that is when it occurred to me, didn't have to fool around with the USCIS to bring a dog here. Guess dogs have more rights than humans.

[sciencenerd 56]

It sounds like your question is not whether you are a US citizen (you are) or how to prove it (passport). It sounds like you just want to know how to fill out the form when you don't know the date of naturalization. If it's really impossible to contact your parents for this piece of information, I would estimate it (you know you were 17 - do you have any memory of a time of year at least?) and make sure the IO knows it's an estimate and you don't have access to the exact date since your naturalization was based on your parents. You might want to include a cover letter that briefly explains this. Good luck.

[mrs.sr 0]

I gather you did not petition for your spouse to bring him here, also gather you are a woman. You certainly had to provide proof you are a US citizen or at least a LPR to do that before you cane even petition for him.

Those of us that did petition to bring our intended here had to prove we were US citizens, not only that, but had enough bucks to support them, were taxpayers, go through that long AOS stage, then that crazy ROC stage with more loopholes in it than you can shake a stick at, then applied for that so-called marriage privilege so we can finally be free of the USCIS. As a US citizen spouse, was also tied down, having to report to the USCIS where I was at.

So I am gathering you met your husband here. How did he come here? Does he have a green card? Work visa, lottery are other means. Seems like if this is the case, that marriage privilege does not apply and he has to wait the full five years.

Am I confused? Did you already have a US passport? Seems like if you had, you should be able to apply for a new one. Thought about my stepdaughter in this case, due to long delays in our AOS processing, she barely turned 18 when her mom was naturalized. But if they were a week sooner, would have spent the 600 bucks on her for that N-600 just to permanently end her relationship with the USCIS. But as it was, she had to wait two more years and had to spend $680.00 plus another 1,350 miles of driving. Felt I owed that to her, after all, I did bring her here. Oh, and another couple of hundred or so, for a US passport.

With my weird sense of humor, pointed out, I spent a lot more money importing dogs from Germany, that is when it occurred to me, didn't have to fool around with the USCIS to bring a dog here. Guess dogs have more rights than humans.

Thanks, NickD,

My husband was already in the US on H1B and I did not have to apply for a K1. We filed for Adjustment of Status based on marriage to USC (me). After the conditional 2 year GC, we applied for Removal of Conditions and received the 10year GC and we are now applying for citizenship based on the 3 year rule (detailed information is in my signature).

It sounds like your question is not whether you are a US citizen (you are) or how to prove it (passport). It sounds like you just want to know how to fill out the form when you don't know the date of naturalization. If it's really impossible to contact your parents for this piece of information, I would estimate it (you know you were 17 - do you have any memory of a time of year at least?) and make sure the IO knows it's an estimate and you don't have access to the exact date since your naturalization was based on your parents. You might want to include a cover letter that briefly explains this. Good luck.

Thanks, sciencenerd. You are right on. The problem is not about showing proof of citizenship (I already have a US passport). I want to know how to fill the form when the naturalization date is not available. I will follow your suggestion and include a letter explaining the situation. I also intend to call USCIS about it. I just wanted to check if anyone here had been in a similar situation.

Thank you.

[NickD 203]

2. Date your spouse because a U.S. Citizen: MM/DD/YYYY

3. Place your spouse became a U.S. citizen (See instructions): _________________ (city and state)

Date you became is US citizen is the date your parent was naturalized and the place would be where she was naturalized.

Proof that you are a US citizen can be your birth certificate if born here, OR, your naturalization certificate, but you don't have that, OR your US passport that you do have.

You only need to make a copy of that photo page of your US passport and send that in with your husband's application, and he will need to bring your US passport in with all that other stuff for his interview.

I had a choice of either digging out my birth certificate or just using my US passport, I just copied my photo page of my passport for my wife's application and sent that in for my proof of US citizenship, her IO took a quick glance at it. Seemed redundant to me, because they already knew that as we also went through that AOS and ROC stage. But ours is not to reason why.

Now that I have a better understanding of your history, this is all you have to do regarding proof of your US citizenship.

[mrs.sr 0]

Thanks, NickD

[nVisaJourney 0]

Hi.

I have the exact same scenario. Did this solution solve the problem? This sounded very reasonable. I just want to make sure if anyone know if this worked, or if any lawyer can verify this works.

Thanks in advance.

2. Date your spouse because a U.S. Citizen: MM/DD/YYYY
3. Place your spouse became a U.S. citizen (See instructions): _________________ (city and state)

Date you became is US citizen is the date your parent was naturalized and the place would be where she was naturalized.

Proof that you are a US citizen can be your birth certificate if born here, OR, your naturalization certificate, but you don't have that, OR your US passport that you do have.

You only need to make a copy of that photo page of your US passport and send that in with your husband's application, and he will need to bring your US passport in with all that other stuff for his interview.

I had a choice of either digging out my birth certificate or just using my US passport, I just copied my photo page of my passport for my wife's application and sent that in for my proof of US citizenship, her IO took a quick glance at it. Seemed redundant to me, because they already knew that as we also went through that AOS and ROC stage. But ours is not to reason why.

Now that I have a better understanding of your history, this is all you have to do regarding proof of your US citizenship.

[mrs.sr 0]

hi nVisaJourney,

Since I was a minor and gained my citizenship via my parents, I put down for

2. Date your spouse because a U.S. Citizen: MM/DD/YYYY

A: The date my parents gained their citizenship.

3. Place your spouse became a U.S. citizen (See instructions): _________________ (city and state)

A: The city and state their naturalization ceremony was held.

I was able to find this information from my family. I also provided a copy of my passport (just the main pages) as proof of my citizenship. This worked without any issues.

Hope this helps, and wish you all the best!

Edited December 20, 2015 by mrs.sr

[nVisaJourney 0]

Dear mrs.sr,

Thanks a lot for your quick reply. Highly appreciated that.

Thanks again.