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

[melmann 0]

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.

[Nich-Nick 3,354]

The passport will prove your citizenship. You will file through London, not to the Chicago Lockbox. See London USCIS office checklist. http://photos.state.gov/libraries/unitedkingdom/164203/dhs/i130-checklist_for_spouse.pdf

It says send one of the documents listed.

Full Direct Consular Filing (London) instructions http://london.usembassy.gov/dhs/uscis/i130filing.html

Way faster than filing in the US.

Edited May 20, 2014 by Nich-Nick

[melmann 0]

Hi Nich-Nick,

Thanks so much for your quick response. So you are confirming that it won't matter that I don't have ither of those two documents and they will approve based just on my passport?

Also, actually I am living in Vietnam (Ho Chi Minh City) currently for work. Do you know the nearest USCIS near here? I heard Bangkok, but not certain.

Thanks.

[Nich-Nick 3,354]

Hi Nich-Nick,

Thanks so much for your quick response. So you are confirming that it won't matter that I don't have ither of those two documents and they will approve based just on my passport?

Also, actually I am living in Vietnam (Ho Chi Minh City) currently for work. Do you know the nearest USCIS near here? I heard Bangkok, but not certain.

Thanks.

Not sure if you can do DCF there. They cut that back a year or so ago. London still has an office. Many countries don't. You have to process the visa in Vietnam, so if HCM does not have a USCIS office, then you file to the Chicago Lockbox. You are not a resident of Thailand so couldn't do DCF through Bangkok.

No I am not confirming the passport is all you need. I am just applying my general immigration experience logic. I think the point of that list is to meet the requirement of being a US citizen. Having a passport proves your citizenship. I haven't known any process requiring one to prove citizenship in two or three different ways.

Wait for other opinions.

Edited May 20, 2014 by Nich-Nick

[melmann 0]

Hi Nich-Nick,

I have just found on the USCIS website that they definitiely have an office where I-130s can be filed in Bangkok. However, it says only US citizens residing in Thailand can file there, even though earlier on that page it says that this office has jurisdiction over Vietnam also (among some other counties in APAC region). I checked the London office, and it says it only accepts I-130 petitions from US citizens residing in their jurisdiction, which would not cover us now that we are living in Vietnam. I have sent Bangkok USCIS an email asking for clarification on whether we can actually file with them even though we are in Vietnam. I suspect yes. Otherwise we would have to file in the US, which wouldn't make sense. If we are asked for interview, we would have to travel to the office where it is being processed I guess, and Bangkok would certinaly make the most sense then if they cannot do it here in HCMC US consulate.

Anyway, hope we can file in Bangkok rather than the US as sounds like it will be quicker to do outside of the US as I here processing times in the US are crazy long.

Not sure if you can do DCF there. They cut that back a year or so ago. London still has an office. Many countries don't. You have to process the visa in Vietnam, so if HCM does not have a USCIS office, then you file to the Chicago Lockbox. You are not a resident of Thailand so couldn't do DCF through Bangkok.

No I am not confirming the passport is all you need. I am just applying my general immigration experience logic. I think the point of that list is to meet the requirement of being a US citizen. Having a passport proves your citizenship. I haven't known any process requiring one to prove citizenship in two or three different ways.

Wait for other opinions.