What definition does USCIS use to define native language?

[windboater 0]

Exactly what definition does USCIS use to define native language?

Wikipedia , has six definitions. In only one case would my wife’s native language be consider Mandarin Chinese. That definition is the most broad – “belonging to a particular ethnic group”. While she is ethnically Chinese, She is third generation Indonesian. She grew up reading and writing Indonesian language and never spoke or wrote mandarin until she lived in Taiwan for eight years. She now can speak a good bit of Mandarin but still can’t write it, except to write her name. Any child of Chinese heritage is going to learn to write their name in Chinese characters, It shouldn't mean her native language Mandarin Chinese, a language she never learned,nor used growing up.

Because some of my wife’s document had her name in Chinese characters (Taiwan immigration paperwork) our last lawyer decided to indicate on the last I-130 (later abandon) section C20 that her native language is Mandarin Chinese. I see this as more than a stretch. I don’t intend to do that on the new I-130 because it’s questionable at best. I will add her name in Chinese Characters to the list of “other names used by her”.

Do you think I have a shot with this form? Im sorry its so long!

Below I've added a copy of the addendum I want to use for the I-130 including the explanation of the "other names used" .

All Other Names Used (include names by previous marriages) Section C 7

MARY (Official Indonesian (Ina.) name, no family or surname used on any gov documents)

HU, HSU-FANG (Chinese name, unofficial in Indonesia- not used on gov. documents)

黃 蓄 芳 (Same name as above Hu, Hsu-Fang but written in Chinese Mandarin characters)

HU, HSU-FANG (MARY) (Taiwan INS requires the use of both Chinese & Ina. names on their docs)

HU, HSU-FANG also known as MARY (Taiwanese passports has Ina. names as aka)

HU, HSU (Shortened version of MARY’s Chinese name used on I-94 form)

CHAP,MARY (Married name - Husband John Chap)

[Pitaya 2,577]

Good question. You may also want to speak about Pinyin (拼音), since you are using Pinyin terms (spelled-out sounds) for her name.

http://en.wikipedia.org/wiki/Pinyin

Good luck on your immigration journey.

[windboater 0]

Good question. You may also want to speak about Pinyin (拼音), since you are using Pinyin terms (spelled-out sounds) for her name.

http://en.wikipedia.org/wiki/Pinyin

Good luck on your immigration journey.

that's really interesting , I wonder if USCIS is very knowledgable about the subject, it might smooth the way for us. Thanks for bring that to my attention. regards John

[NikLR 13,220]

What language is her birth certificate in?

[windboater 0]

What language is her birth certificate in?

Her birth certificate is in Indonesian. I would agree with that as her Native language but its going to depend on what definition USCIS is using. Out of all the possible definitions in wikipedia (6), you have just given me a seventh possibility. Language on her birth cert? On her first I-130 our attorney put her native language as Chinese Mandarin, but that can't be right. though she is of chinese heritage she never spoke or wrote mandarin until she immigrated to Taiwan 7 years ago. The only thing she could write in mandarin before that, was her name.

I'm going with Indonesian, in the absents of any other opinions.

[SBB 74]

What is the first language she spoke? What is the language she grew up speaking and was educated in? My suspicion is that her "native language" is Indonesian. It's certainly not Mandarin.