My Wacky Dilemma

[RocksAnne 0]

Ok folks, I have a really strange situation and I just wanted to get some opinions, even if nobody has had this situation before - and I'd be shocked if anyone has!

I found out recently that I probably qualify for derivative US Citizenship through my father. I have already had an interview at the consulate, and applied for a US Passport. Now I am waiting to find out if I'll get one or not. However I have no idea how long it will be before they make a decision, they didn't tell me anything more than that 'they are really backed up right now because of all the backlogged passport applications.'

But since it's not a sure thing and my US Citizen husband and I want to move to the US as soon as possible, we thought he should go ahead and start the application for an I-130 before I find out if I get the US Passport, so that we wouldn't waste time if the passport application was eventually denied.

So my dilemma is: should my husband go ahead and file the I-130? Am I risking screwing anything up by having a US Passport application pending at the same time as an I-130? (Other than losing the non-refundable filing fee, of course, which is not nice, but wouldn't kill us)

How complicated is it to cancel the I-130 if I get the passport?

Any opinions or wild speculations will be welcome!

Thanks!

RocksAnne

[arwensun1965 0]

Hmmm yes that is a bit of a dilemma. Personally I would still go the I-130 route, you can phone USCIS and NVC to explain and cancel.

[MaydayDas 1]

I think too that the I-130 is faster

[homesick_american 1]

Have you called the USCIS or Dept of State (who handles passports) to see what they make of this? I can't imagine it being a problem, but it's always worth it to double and triple-check anything you do before you do it.

USCIS: 1-800-375-5283

If your dad is a US citizen, you probably are too. If you can claim US citizenship, why bother with the visa?

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/propub/ProPubVAP.jsp?...29f8b6ea9f7c64d

[MargotDarko 0]

It all depends on the reason you might be able to claim citizenship through your father. Is he a US citizen? If he was born in the states or born to someone born in the states, I would have thought that made you a US citizen and all you had to do was apply for a US passport and voila.

EDIT - Actually, I think I'll have to take back the part about if your father was born to someone born in the states. I'm actually not sure about that bit.

Edited May 4, 2007 by MargotDarko

[homesick_american 1]

It all depends on the reason you might be able to claim citizenship through your father. Is he a US citizen? If he was born in the states or born to someone born in the states, I would have thought that made you a US citizen and all you had to do was apply for a US passport and voila.

EDIT - Actually, I think I'll have to take back the part about if your father was born to someone born in the states. I'm actually not sure about that bit.

In a nutshell if her father is a USC it's very very very very likely she is one too, technically speaking.

ETA: If her father was a USC when she was BORN, I mean. If he naturalized after she was born then I don't know how she could claim US citizenship, or even WHETHER she could.

Edited May 4, 2007 by homesick_american

[James 2]

Ok folks, I have a really strange situation and I just wanted to get some opinions, even if nobody has had this situation before - and I'd be shocked if anyone has!

I found out recently that I probably qualify for derivative US Citizenship through my father. I have already had an interview at the consulate, and applied for a US Passport. Now I am waiting to find out if I'll get one or not. However I have no idea how long it will be before they make a decision, they didn't tell me anything more than that 'they are really backed up right now because of all the backlogged passport applications.'

But since it's not a sure thing and my US Citizen husband and I want to move to the US as soon as possible, we thought he should go ahead and start the application for an I-130 before I find out if I get the US Passport, so that we wouldn't waste time if the passport application was eventually denied.

So my dilemma is: should my husband go ahead and file the I-130? Am I risking screwing anything up by having a US Passport application pending at the same time as an I-130? (Other than losing the non-refundable filing fee, of course, which is not nice, but wouldn't kill us)

How complicated is it to cancel the I-130 if I get the passport?

Any opinions or wild speculations will be welcome!

Thanks!

RocksAnne

The passport application is going through State Department channels, while the I-130 goes through the CIS. I don't think filing an I-130 would muck things up for the passport or vice-versa. Why should it? If you're a really a U.S. citizen, you're really a U.S. citizen and you'll get a passport. If not, you're not, and you're entitled to apply for a CR-1 visa as the wife of a U.S. citizen.

As an aside, my vague recollection is that for adults, all you have to show is that your father resided in the U.S. for a certain period of time before your birth, something like 10 years, of which half had to be after he was 14. If you yourself haven't lived in the U.S., however, you probably have lost citizenship -- although I believe that they will restore it if you take an oath or pledge allegiance or rub your tummy and pat your head at the same time, something like that.

[simple_male 1]

You should also pursue I-130 route. If you get your passport while your I-130 is pending, you can always cancel the I-130 process by calling USCIS and/or NVC.

Ok folks, I have a really strange situation and I just wanted to get some opinions, even if nobody has had this situation before - and I'd be shocked if anyone has!

I found out recently that I probably qualify for derivative US Citizenship through my father. I have already had an interview at the consulate, and applied for a US Passport. Now I am waiting to find out if I'll get one or not. However I have no idea how long it will be before they make a decision, they didn't tell me anything more than that 'they are really backed up right now because of all the backlogged passport applications.'

But since it's not a sure thing and my US Citizen husband and I want to move to the US as soon as possible, we thought he should go ahead and start the application for an I-130 before I find out if I get the US Passport, so that we wouldn't waste time if the passport application was eventually denied.

So my dilemma is: should my husband go ahead and file the I-130? Am I risking screwing anything up by having a US Passport application pending at the same time as an I-130? (Other than losing the non-refundable filing fee, of course, which is not nice, but wouldn't kill us)

How complicated is it to cancel the I-130 if I get the passport?

Any opinions or wild speculations will be welcome!

Thanks!

RocksAnne

[trailmix 77]

Hi Anne,

I've actually just gone through this same situation - well similar anyway, except I discovered that both my parents are American Citizens.

The fact that you have already been to the consulate and spoken with them AND they accepted your passport application - that's a good sign, doesn't mean you aren't going to need a lot more proof, but definately a good sign.

I think it's actually very common for Canadians - from speaking with the Consulate here (many trips there in the course of getting my own U.S. citizenship documented).

As you now no doubt know there are guidelines about where your parents were born, when they were born where and when you were born, residency requirement etc etc.

You and I might have some similarities, as we are both born in Canada, if you would like to exchange information please send me a private message.

[RocksAnne 0]

Thanks all! we will go ahead and send in the I-130, but keep my fingers crossed on the passport.

Sorry I don't know how to do the thing to quote the replies above, but:

My dad was born in the US. The catch with my US Citizenship is that my dad wasn't in the US all the time before I was born, so I have had to prove all the dates that he was 'physically present' before I was born. My family all know he was present for more than enough time (10 years) but I am not sure that the stack of documents I presented to the consulate will convince them. (Some of the things they said to me at the interview contradicted what the State Department has on it's website, and other things the consulate officer said were just plain ridiculous, but that's another story!) It's all down to whether they decide I've presented enough evidence or not.

James: you are right about the rules you quoted. I was moved to the US shortly after my birth and grew up there, so I also meet the requirements for having maintained my US Citizenship, so that's not an issue.

Homesick American: I had asked at my interview if it would make any difference if I paid for an expedited passport application and they said no. I also have tried calling the USCIS and the consulate for information, but I can rarely get through, or can't get through to anyone who can answer me. And they never have responded to any of my emails. I'm also checking the State Dept's passport application status page but nothing on mine has popped up yet.

Trailmix - I will try and send you a message if I can do it right - I'm such a luddite!

Thanks again!

RocksAnne

[NY_IZMIR 1]

My cousin had a somewhat similar thing happened (well with respect to derivative citizenship) This was his deal.

He, his mom and dad were all green card holders. He was 18 years old when his mom filed for naturalization and she actually got the naturalization certificate before he turned 18. Turns out, this caused him to be an automatic citizen. But not knowing that, he filed for naturalization a couple of years ago, and he got fingerprinted, went to the interview, passed the interview but then the lady interviewing him said. Oh wait, you were < 18 when your mom was a citizen so you're automatically a citizen, and I can't make you a citizen again. So he had to file an N-600 to claim citizenship through his mother. That form has a whole lot of cases in which you can claim derivative citizenship. He filed his N-600 just recently to VSC and still awaiting. At one point the Timeline for VSC showed they were 2 months behind in that process. Once he gets his naturalization paper from the N-600 process he will apply for a passport. We couldn't figure out a way to file for a passport for him without a naturalization certificate. Mainly because we couldn't find a real person to talk to that knew anything.

[RocksAnne 0]

My cousin had a somewhat similar thing happened (well with respect to derivative citizenship) This was his deal.

He, his mom and dad were all green card holders. He was 18 years old when his mom filed for naturalization and she actually got the naturalization certificate before he turned 18. Turns out, this caused him to be an automatic citizen. But not knowing that, he filed for naturalization a couple of years ago, and he got fingerprinted, went to the interview, passed the interview but then the lady interviewing him said. Oh wait, you were < 18 when your mom was a citizen so you're automatically a citizen, and I can't make you a citizen again. So he had to file an N-600 to claim citizenship through his mother. That form has a whole lot of cases in which you can claim derivative citizenship. He filed his N-600 just recently to VSC and still awaiting. At one point the Timeline for VSC showed they were 2 months behind in that process. Once he gets his naturalization paper from the N-600 process he will apply for a passport. We couldn't figure out a way to file for a passport for him without a naturalization certificate. Mainly because we couldn't find a real person to talk to that knew anything.

Hi

Actually I think that means you cousin is a 'regular' US citizen, not a 'naturalized' one, but I could be wrong. I think he could have filed for either the N-600 or the passport. I am not sure how they handle the passport application if he's already in the US. I had to go for a personal interview to the consulate in Vancouver, which is the same thing they require for anyone getting a US passport for the first time, whether you already know you are a citizen or not. At that time, they tell you what documents they want to see to prove you are a citizen. In your cousins case it might be a copy of his Mom's naturalization certificate and maybe something to prove she received it when he was below 18 years.

I was also surprised to find out that I qualified after years of thinking I didn't! It is really hard to get information on it, and I'm not sure the people at the consulate I've applied to have any experience in adjudicating this kind of application either.

It really sort of sucks to have not realized I was a citizen all these years - I am sure your cousin feels the same! Good luck to him.

RocksAnne