Born abroad to a US citizen... N-600K or I-130?

[Numië 0]

Hello!

I am a 24-year-old French citizen born to a US citizen mother (she still has her US citizenship and a valid passport, even though she has been residing abroad for a while). I am currently dating an American and I've been looking into ways to move to the US without marrying him (at least for now). I thought the I-130 form was the only option, and had almost given up (since I'm over 21, by the time it gets approved, I'll probably be married to my American boyfriend so there isn't really any point), until I came across the N-600 and N-600K forms (the latter one would be the best choice, since I live abroad). I'm still not sure I am eligible to file the N-600K form... Would any of you be kind enough to help me?

Some background information:

• US citizen mother moved to the UK when she was ~5, returned in her 20s for about 2 years. Has lived most of her life abroad.
• Maternal grandfather was a US citizen and lived in the US until his early 30s.
• My parents were married at the time of my birth. They are now divorced.
• My birth wasn't registered with the State Department and to my knowledge I haven't received the "Oath of Allegiance" when I turned 18.

I've been reading a lot and I think I should just take a break for now and ask for guidance... it really is complex and I don't want to file a form if I have no chance in the first place. Thank you in advance.

[NancyNguyen 1,657]

No, you can't get citizenship through your parent at your age now, she should have filed CRBA for you. And those N600 forms are not for you. Only way is through F-1 category from your mom (8 years waiting) or IR1 visa from your USC boyfriend.

[jan22 2,898]

No, you can't get citizenship through your parent at your age now, she should have filed CRBA for you. And those N600 forms are not for you. Only way is through F-1 category from your mom (8 years waiting) or IR1 visa from your USC boyfriend.

Sorry -- not true. You can't get a Consular Report of Birth Abroad (CRBA), as they need to be issued before you are 18 years old. But, if you qualify for US citizenship, you are a US citizen whether the CRBA was applied for and issued. You have to meet the same requirements as you would for a CRBA; if you do, then you can apply for a US passport. Your mother would have had to meet two requirements in the years before you were born:

1. Been physically present in the US for at least five years before you were born -- that would include the time from her birth until she left, the time from when she returned in her 20's, and any visits.

2. At least two of the five years have to be after your mother was 14 years old -- the time in her 20's would count and any visits.

Edited November 1, 2014 by jan22

[Numië 0]

Thank you both for taking time to answer me!

@jan22, your answer gave me hope, thanks! I do meet the requirements, so this is reassuring. Concerning the time spent in the US, I think it will be difficult to prove since my mother lost a lot of her papers, including paychecks, and she didn't start school before she left the US.

Would census records, a social security number, her voter registration card and driving license be a good place to start? She said she can also get an affidavit from her aunt, and will try to contact employers to see if they can help (she lost her paychecks, unfortunately).

When you say I can apply for a US passport, do you mean I have to file N-600K first or should I directly apply for the passport? And do you know how long this process takes, by any chance?

Thank you so much for your help (and I apologise in advance for asking so many questions!)

Edited November 1, 2014 by Numië

[NancyNguyen 1,657]

Sorry -- not true. You can't get a Consular Report of Birth Abroad (CRBA), as they need to be issued before you are 18 years old. But, if you qualify for US citizenship, you are a US citizen whether the CRBA was applied for and issued. You have to meet the same requirements as you would for a CRBA; if you do, then you can apply for a US passport. Your mother would have had to meet two requirements in the years before you were born:

1. Been physically present in the US for at least five years before you were born -- that would include the time from her birth until she left, the time from when she returned in her 20's, and any visits.

2. At least two of the five years have to be after your mother was 14 years old -- the time in her 20's would count and any visits.

I meant her mom should have filed CRBA before, when she was under 18. Do you understand English?

We use should have + past participle to talk about things we regret, things didn't happen in the past.

Edited November 1, 2014 by NancyNguyen

[Mariam&Smith 45]

Thank you both for taking time to answer me!

@jan22, your answer gave me hope, thanks! I do meet the requirements, so this is reassuring. Concerning the time spent in the US, I think it will be difficult to prove since my mother lost a lot of her papers, including paychecks, and she didn't start school before she left the US.

Would census records, a social security number, her voter registration card and driving license be a good place to start? She said she can also get an affidavit from her aunt, and will try to contact employers to see if they can help (she lost her paychecks, unfortunately).

When you say I can apply for a US passport, do you mean I have to file N-600K first or should I directly apply for the passport? And do you know how long this process takes, by any chance?

Thank you so much for your help (and I apologise in advance for asking so many questions!)

Please read Nancy again, you mom didn't file your CRBA before you were 18 year old. She can't transmit her Citizenship to you at your age now.

[Numië 0]

Thanks for your answers. I wasn't sure about that part, as I found contradictory information everywhere, even on official websites such as embassies and consulates... For instance, this is from the Consulate General of the US in Jerusalem:

We strongly recommend that you report the birth of your child as soon as possible after birth. It is not possible to issue a Consular Report of Birth Abroad for a child who is over the age of 18, but the child may still be documented as a U.S. citizen and issued a passport. If you would like to document the citizenship of a child over the age of 18 who was born outside the United States and who never received a Consular Report of Birth Abroad, please e-mail our office for instructions.

I don't really know what to think... I might just phone up the nearest embassy and see what they say, even if it's most likely too late.

[NikLR 13,220]

I do not think you do. You had to be under 18 and an LPR to acquire automatic citizenship upon entry to the USA if you did not qualify for a CRBA. Basically you've aged out is what i'm reading but calling the DOS and inquiring would be a good idea as they are who you would apply for a passport with.

[Ian H. 207]

Does your mom have any of her old passports? You may be able to use the visa stamps as one form of physical presence evidence. Also you can do an FOIA request with CBP for your mother's entries to the US and hopefully exits as well to determine the dates she was physically in the US. Partial days in the country count as well.

If she was in the US up until age 5, plus the 2 years in her 20's, she meets the physical presence requirements. You can probably use additional docs to prove her physical presence such as her parent's tax returns if they claimed her as a dependent. Doctor's records from when she was a toddler, school records, church records.

If she worked here she can request FOIA or PA records from the IRS or SSA if she no longer has access to her pay stubs or former employers. There are plenty of ways to prove her physical presence here, it's just a matter of how hard you look.

The reason I suggest that you try to establish your USC is because it would be much more convenient for you to enter the US as a USC than go through the painful, expensive, and tiresome process that is immigration in the US.

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

[Ian H. 207]

By the way, it's never too late to prove your US citizenship, it's just a matter of obtaining the documentation. There is no time limit to a claim of citizenship by birth.

[Numië 0]

Does your mom have any of her old passports? You may be able to use the visa stamps as one form of physical presence evidence. Also you can do an FOIA request with CBP for your mother's entries to the US and hopefully exits as well to determine the dates she was physically in the US. Partial days in the country count as well.

If she was in the US up until age 5, plus the 2 years in her 20's, she meets the physical presence requirements. You can probably use additional docs to prove her physical presence such as her parent's tax returns if they claimed her as a dependent. Doctor's records from when she was a toddler, school records, church records.

If she worked here she can request FOIA or PA records from the IRS or SSA if she no longer has access to her pay stubs or former employers. There are plenty of ways to prove her physical presence here, it's just a matter of how hard you look.

The reason I suggest that you try to establish your USC is because it would be much more convenient for you to enter the US as a USC than go through the painful, expensive, and tiresome process that is immigration in the US.

Thank you for all your suggestions, Ian H.! I will definitely look into this and try to gather as much information as I can.

She does have the two passports she used in her twenties when she lived in the US. I don't think I will be able to retrieve her dad's tax returns, but I'll try to see if there's any medical records I can find or have access to. And I will take advantage of the FOIA requests whenever it's possible.

It does seem difficult but as you say, it's just a matter of how hard you look! I read about people hiring attorneys to help them, and it doesn't surprise me at all. At least it's not impossible, so I'm definitely giving it a try. Thanks again for all your tips!

[Ian H. 207]

You're welcome. I also forgot to mention census records. I read that those may be a little harder to obtain, but they also serve as proof of her physical presence. If your mom can help you obtain any of these docs, that would be great, since some things would be easier if she got them herself like tax returns.

Basically anything that can help prove her days in the US, any leases, bills she paid, etc. Are her parents still alive? For her parent's tax returns, your mother may be able to request from the IRS if they are deceased. I also read that affidavits from family members or friends help, they don't hold that much weight though, but they help support the rest of the evidence.

Talk with your mom and make a list of all the things she did in the US (school, work, arrests, traffic tickets, court dates, any kind of appointments, church, forms she filled out, etc) and anything she may have done as a child. This will help you figure out where else you can look for evidence. Good luck.

Edited November 2, 2014 by Ian H.

[Numië 0]

Update: I don't know how I didn't notice this before, but I found the information I needed on the website of the US Embassy in Paris. It is indeed possible to acquire US Citizenship without a CRBA and passed 18 years old!

Acquisition of U.S. Citizenship for Adults:

If you are over 18 years of age, and if you were born to a U.S. citizen parent abroad who did not declare your birth at the U.S. Embassy or Consulate, you may have a claim to U.S. citizenship. For more information, go to: U.S. Citizenship for Adults.

So thank you jan22 and Ian H., you were absolutely right!

You're welcome. I also forgot to mention census records. I read that those may be a little harder to obtain, but they also serve as proof of her physical presence. If your mom can help you obtain any of these docs, that would be great, since some things would be easier if she got them herself like tax returns.

Basically anything that can help prove her days in the US, any leases, bills she paid, etc. Are her parents still alive? For her parent's tax returns, your mother may be able to request from the IRS if they are deceased. I also read that affidavits from family members or friends help, they don't hold that much weight though, but they help support the rest of the evidence.

Talk with your mom and make a list of all the things she did in the US (school, work, arrests, traffic tickets, court dates, any kind of appointments, church, forms she filled out, etc) and anything she may have done as a child. This will help you figure out where else you can look for evidence. Good luck.

I was also thinking of asking for census records -- from what I understood you can order a copy from the Census Bureau.

Her parents passed away so a lot of documentation has been lost, but she's going to contact the IRS to see if it's possible to get a copy of their tax returns (I'm not sure you can go that far back in time, so we want to ask first). She's also going to try to get in touch with her former landlady to see if she can get anything from her, and we're probably going to ask a few people for affidavits.

Thank you again for all your help and suggestions, it's greatly appreciated!

[jan22 2,898]

I meant her mom should have filed CRBA before, when she was under 18. Do you understand English?

We use should have + past participle to talk about things we regret, things didn't happen in the past.

I've been off-line for a few days, so just saw this. How completely condescending of you --- I speak and read English quite well,thank you, and fully understood your post. What you did not understand --- and apparently still do not --- is that your statement is WRONG. Even if the CRBA was not applied for and issued, if the requirements for transmission of US citizenship are met, the person is still a US citizen and can be issued a US passport without a CRBA. The consular officer must adjudicate the claim to citizenship just like for the CRBA for the passport application.

Before you start insulting people'a language skills and giving grammar lessons, you really should get your facts straight yourself.

Glad the OP followed through with research and got the right information confirmed.

Re census records -- they only become public records after 75 years, so right now the most recent census record available is the 1930; 1940 will soon be released. But some other records, such as public addresses and phone numbers, may be available with a Google search. Good luck!

Edited November 11, 2014 by jan22