Citizenship Interview Checlist issue

[Ghmorrell 21]

Hi,

 

I just recieved my interview for my N400

 

It says on the letter that if I am applying as a spouse I need to take birth cerificate or citizenship cerificate

 

My wife was not born in the US but is a citizen but never got a certificate... I applied using copies of her passport as proof of citizenship. 

 

Any advice on how to proceed as this is the first time I have been asked for this and its about a month away so we wont be able to get this in time?

 

Thanks

[Mike E 11,740]

Bring her CRBA, or her parent’s naturalization certificate, or parent’s USA birth certificate, depending on how she acquired USA Citizenship.  
 

Another example of why parents who naturalize should file N-600 for their minor LPR children.  
 

Hopefully the IO won’t ask. 

Edited March 7, 2022 by Mike E

[Ghmorrell 21]

11 minutes ago, Mike E said:

Bring her CRBA, or her parent’s naturalization certificate, or parent’s USA birth certificate, depending on how she acquired USA Citizenship.  
 

Another example of why parents who naturalize should file N-600 for their minor LPR children.  
 

Hopefully the IO won’t ask. 

the parents certificate is a good shout thanks for that 

[BioNat 25]

Depends, you say she is a citizen but never got a certificate. You can be a citizen by being born abroad and being registered on the local US consulate, if that was done, then she should have a Consular Report of Birth Abroad (CRBA/Form FS-240). If you are saying that she was not born a US citizen, but was naturalized later on, then she must have had the certificate at some point; to which, well, if they are asking you might need to provide.

If your eligibility is for the 3 years, their main goal is to see proof that your spouse has been a citizen for more than 3 years. If her passport has more than 3 years, so they might accept that as sufficient proof.

 

Here is to request a replacement for the Naturalization certificate

https://www.uscis.gov/forms/explore-my-options/replace-my-naturalization-certificate-or-certificate-of-citizenship

 

Here is how to request a replacement for the CRBA (in case of birth citizenship but you can't find the CRBA)

https://travel.state.gov/content/travel/en/records-and-authentications/requesting-a-vital-record-as-a-u-s--citizen/replace-amend-CRBA.html

 

This is to file for proof of citizenship

https://www.uscis.gov/forms/explore-my-options/proof-of-citizenship-for-us-citizens

 

And, as it says in the aforementioned link, "A passport is evidence of citizenship". I would file for one of those, and just bring the passport (if has more than 3 years) as proof. If they ask, you say you are requesting other proof, and might need to send them later (thus delaying your process, but not a deal breaker if you showed the passport as proof).

[Mike E 11,740]

I think it is likely the petitioner became a citizen as a minor when her parent(s) naturalized.  Such citizens don’t automatically get certificates of citizenship or naturalization.  So years later they encounter difficulties proving they are USA citizens in situations where a passport isn’t sufficient.  
 

It is tragic actually.  Most tragic are the ones who never get a passport.  

Edited March 7, 2022 by Mike E

[Ghmorrell 21]

Just now, BioNat said:

Depends, you say she is a citizen but never got a certificate. You can be a citizen by being born abroad and being registered on the local US consulate, if that was done, then she should have a Consular Report of Birth Abroad (CRBA/Form FS-240). If you are saying that she was not born a US citizen, but was naturalized later on, then she must have had the certificate at some point; to which, well, if they are asking you might need to provide.

If your eligibility is for the 3 years, their main goal is to see proof that your spouse has been a citizen for more than 3 years. If her passport has more than 3 years, so they might accept that as sufficient proof.

 

Here is to request a replacement for the Naturalization certificate

https://www.uscis.gov/forms/explore-my-options/replace-my-naturalization-certificate-or-certificate-of-citizenship

 

Here is how to request a replacement for the CRBA (in case of birth citizenship but you can't find the CRBA)

https://travel.state.gov/content/travel/en/records-and-authentications/requesting-a-vital-record-as-a-u-s--citizen/replace-amend-CRBA.html

 

This is to file for proof of citizenship

https://www.uscis.gov/forms/explore-my-options/proof-of-citizenship-for-us-citizens

 

And, as it says in the aforementioned link, "A passport is evidence of citizenship". I would file for one of those, and just bring the passport (if has more than 3 years) as proof. If they ask, you say you are requesting other proof, and might need to send them later (thus delaying your process, but not a deal breaker if you showed the passport as proof).

She got it via her parents (who i assume have a natualization cerificate somewhere)....

 

I will take a look at these links but a preemptive application may be a best bet to maybe help with my case

 

Thanks for the info

[BioNat 25]

1 hour ago, Ghmorrell said:

She got it via her parents (who i assume have a natualization cerificate somewhere)....

 

I will take a look at these links but a preemptive application may be a best bet to maybe help with my case

 

Thanks for the info

Yeah, if you are naturalized as a child you might forget where the docs ended up. Applying asap and dealing with a delay after the interview seems to be the best (well, the alternative would be not doing it and having a higher change of getting rejected!). Having all that in hand (passport, parent's certificates and proof that you filled to get a replacement and proof of citizenship) might be enough to not be rejected, probably just the "cannot make a decision" status, until they get the missing documents (or the person is nice enough with you and approve!).

[Ghmorrell 21]

3 minutes ago, BioNat said:

Yeah, if you are naturalized as a child you might forget where the docs ended up. Applying asap and dealing with a delay after the interview seems to be the best (well, the alternative would be not doing it and having a higher change of getting rejected!). Having all that in hand (passport, parent's certificates and proof that you filled to get a replacement and proof of citizenship) might be enough to not be rejected, probably just the "cannot make a decision" status, until they get the missing documents (or the person is nice enough with you and approve!).

Thanks

 

Yea wil consult with a lawyer to ensure we are doing everything to at least not get rejected and hope for the best I think is the best option here

[Wuozopo 4,293]

51 minutes ago, Ghmorrell said:

Thanks

 

Yea wil consult with a lawyer to ensure we are doing everything to at least not get rejected and hope for the best I think is the best option here

Can I just add that when I naturalised, I was sent a list of things to bring like my wife’s birth certificate, death certificate of her first husband, etc. When I went in to my interview and offered the folder to the officer, she declined and said “I don’t need any of that”. It happens often. I certainly don’t think you would be denied over it. Take the passport which validates she is a citizen. Take an expired one too if available showing she’s been a citizen a long time.  If they need anything they will tell you.  I certainly wouldn’t spend money on anything. Not having a certificate will not reject your naturalisation.  Keep Calm and Carry On 🇬🇧

[Ghmorrell 21]

3 minutes ago, Wuozopo said:

Can I just add that when I naturalised, I was sent a list of things to bring like my wife’s birth certificate, death certificate of her first husband, etc. When I went in to my interview and offered the folder to the officer, she declined and said “I don’t need any of that”. It happens often. I certainly don’t think you would be denied over it. Take the passport which validates she is a citizen. Take an expired one too if available showing she’s been a citizen a long time.  If they need anything they will tell you.  I certainly wouldn’t spend money on anything. Not having a certificate will not reject your naturalisation.  Keep Calm and Carry On 🇬🇧

Thanks for the confidence booster... 

 

Yea it seems weird to get this far and this be the first time i need it but yea i will collate all the info like you did to make sure and fingers crossed i get the same reponse

[Rocio0010 5,579]

18 hours ago, Ghmorrell said:

I applied using copies of her passport as proof of citizenship. 

One of the inconsistencies of the N400 is that it seems to be the only form that openly requires something that was never required before. I wonder why they allow passport as proof of citizenship for AOS/ spousal visas, but not for N400.

Another inconsistency: i-485 mentions stepchildren, but i751 doesn't. Yet they're mentioned again in N400. They should hire someone to go over the forms and make them more consistent.

[Mike E 11,740]

2 minutes ago, Rocio0010 said:

I wonder why they allow passport as proof of citizenship for AOS/ spousal visas, but not for N400.

If by AOS you mean I-485, I was not permitted to use my US passport for my wife’s I-485 interview.   My naturalization certificate was required.  A passport is not primary evidence of US citizenship.  Those who have managed to get through life with just a US passport are fortunate. 

[Rocio0010 5,579]

3 minutes ago, Mike E said:

If by AOS you mean I-485, I was not permitted to use my US passport for my wife’s I-485 interview.   My naturalization certificate was required.  A passport is not primary evidence of US citizenship.

I was actually referring to the underlying i-130 petition:

 

What documents do you need to show that you are a U.S. citizen?

A. A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing that you were born in the United States;

B. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former Immigration and Naturalization Service (INS); C. A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;

D. A copy of your unexpired U.S. passport

[Wuozopo 4,293]

5 minutes ago, Rocio0010 said:

They should hire someone to go over the forms and make them more consistent.

The Office of Management and Budget reviews all government forms and posts in the Federal Register when it opens public comments for the form. Look at the top right of any government form and your will see the OMB number and date when review is supposed to be done. The form does not expire on that date,  it’s a date for review of the form. 

[Rocio0010 5,579]

1 minute ago, Wuozopo said:

The Office of Management and Budget reviews all government forms and posts in the Federal Register when it opens public comments for the form.

Well, they should do a better, more thorough job then!!! Hahahaha