CRBA as proof of citizenship

[CQUELIS 19]

Hello!

 

I have a doubt I hope someone can help me. Im in the AOS process and im trying to complete form I-130 on behalf of my husband, but on question 37 (If you are a U.S. citizen, my citizenship was acquired through Birth in the United States, Naturalization, Parents) I marked by Parents because he was born in the Dominican Republic and got a CRBA, but on question 38 (Have you obtained a Certificate of Naturalization or a Certificate of Citizenship?) I don't know whether to mark yes o no.

 

In case the answer is to mark "no", then Is it ok if in the supporting documents we send his Dominican birth certificate, and as proof of citizenship just copies of his passport? Wouldn't they require the CRBA as proof that he became US citizen through his parents?

 

My concern is because we cannot find his CRBA and we requested a copy but we've been waiting it for almost 3 months and I don't want to lose any more time to send the AOS package.

 

Thanks in advance for the help.

 

 

Edited April 21, 2021 by CQUELIS

[aaron2020 11,651]

Your USC husband obtained US citizenship by birth.   He was born a US citizen.  

You mark no to obtaining a Certificate of Naturalization or a Certificate of Citizenship since he did not obtain either.

His Dominican birth certificate does not show he's a US citizen.  Just send in a copy of the biographical page of his US passport.  You don't need his CRBA.


 

Edited April 21, 2021 by aaron2020

[CQUELIS 19]

aaron2020

 

But if it was by birth, wouldn't USCIS be expecting his US birth certificate with the supporting documents instead of a Dominican? 

 

Sorry to ask, just trying to avoid RFE. and thanks for replying.

[aaron2020 11,651]

9 minutes ago, CQUELIS said:

aaron2020

 

But if it was by birth, wouldn't USCIS be expecting his US birth certificate with the supporting documents instead of a Dominican? 

 

Sorry to ask, just trying to avoid RFE. and thanks for replying.

No, USCIS is not expecting a US birth certificate.  There are many ways to prove US citizenship.  A US passport is one way.

He was born a US citizen.  The CRBA is a Consular Report of Birth Abroad of a US citizen.  You don't use a CRBA to report the birth of a non-US citizen.  So, he was born a US citizen.

[Chancy 6,233]

27 minutes ago, CQUELIS said:

But if it was by birth, wouldn't USCIS be expecting his US birth certificate with the supporting documents instead of a Dominican? 

 

He is a US citizen at birth, but not by Birth in the US (1st option on I-130).  So the applicable option on the I-130 form would still be citizenship acquired through Parents (3rd option).  He is a US citizen by virtue of having at least one parent who was eligible to pass citizenship to him at the time of his birth outside the US.

 

A copy of his unexpired US passport bio page would be sufficient proof of his citizenship.  No need for CRBA.  Also, no need to submit his foreign birth certificate.

 

[aaron2020 11,651]

14 minutes ago, Chancy said:

 

He is a US citizen at birth, but not by Birth in the US (1st option on I-130).  So the applicable option on the I-130 form would still be citizenship acquired through Parents (3rd option).  He is a US citizen by virtue of having at least one parent who was eligible to pass citizenship to him at the time of his birth outside the US.

 

A copy of his unexpired US passport bio page would be sufficient proof of his citizenship.  No need for CRBA.  Also, no need to submit his foreign birth certificate.

 

Nice catch.  Been a while since I've looked at the I-130.  My bad and i apologize to the OP.  I missed the birth "in the US" part.  

 

Parents would be the correct choice.  

Edited April 21, 2021 by aaron2020

[Elf 146]

My spouse was a US citizen by birth born outside the US, and for the I-130 we marked "Parents" then marked "No" to obtaining a certificate of naturalization (as suggested above by aaron2020).  I've been a citizen for two years now, so it seems to have been okay 🙂