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Markieboy

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Posts posted by Markieboy

  1. Did adopt two born in the US kids, original birth certificates were locked up in a vault someplace, no access whatsoever. Still have idiot leaders making that place of birth as the key issue. Something that exactly no one, has any control over. With my friends, a slightly different issue, since their new daughter is of a different race, kind of oblivious, she was adopted. But the whole basis of the law, least in my experience, is to keep this secret. Showing the place of birth on the certificate kind of contradicts that.

    In regards to other countries having two different agencies, capable of providing proof of citizenship. Try and name one, except the good old USA.

    Been dealing with multiple agencies most of my life, trying to put a product on the market. But not only governmental agencies, private ones as well. In particular, our insurance company, as they are the only ones liable for the product. None of the governmental agencies are! And just like comparing the USCIS with the DOS, have contradicting ideas on US citizenship. One reason for closing the books with the USCIS.

    Also with the USCIS with all their checks and procedures, you still can be the victim of fraud. And quickly learn they are not their to help you, but mostly there to hang you. Yet another reason to want to close the books with the USCIS.

    I completely agree! good.gif

    Another benefit for getting a Certificate of Citizenship (N-600)...closing the books with USCIS! yes.gif

  2. I'm a naturalized US Citizen. Recently i went to apply for a paasport for my minor daughter at county office. She is a permanent resident for more than 5 years. but the lady who verified the documents said my divorce degree says custody of my daughter but not sole custody. We have gone through all these already with USCIS. So is it better to file n-600 for her and wait till she turns 18 for her passport. Any suggestion is appreciated.

    I recently experienced a similar situation with my stepdaughter.

    In our case, it was better to apply for an N-600. We applied 1st week of June. It was approved 1st week of August. Oath taking is next week.

    We're very excited to officially close the doors with USCIS!

    Good luck with whatever you decide! good.gif

  3. Just wondering how can a child take an Oath?? My nice just got her passport 2 months ago. She is 6 years old. Her father become a citizen when she was 4. All what they needed is her father naturalization certificate, her green card, and the most important was her parents marriage certificate. Also it was a same day passport!

    All persons age 14 or older are required to take an Oath of Allegiance to the United States prior to the issuance of a Certificate of Citizenship.

    This is what is stated in our approval letter. Since my SD is older than 14 years old, she is required to take the Oath.

  4. The proof of citizenship for applying for a passport and for applying for a Certificate of Citizenship are the same. If the passport accepting agent wasn't skeptical about the child's maternity, then how come USCIS when you applied for a Certificate of Citizenship wasn't skeptical of it? It makes no sense. Most likely, if you just went to a different passport acceptance place, they will take it.

    USCIS and DOS are two separate entities.

    I have absolutely no idea why DOS rejected my evidence, but USCIS accepted it. But...that's what happened.

    I even had help from my state senators and congressman. Unfortunately, they could not pressure even the supervisor of my regional passport agency. They stated that my evidence has to meet the satisfaction of the agent. As subjective as that sounds, that is what happened.

    When I submitted the N-600 application, it was processed without a single hitch. Go figure! It makes no sense to me, but that's what happened. unsure.png

  5. An N-600 is never necessary. Proof of U.S. citizenship is parent's Certificate of Naturalization + child's green card.

    That is absolutely incorrect!

    My wife naturalized this past May. Her daughter was a minor at that time. What I understand is...that she (daughter) automatically derives U.S. citizenship.

    However, this is not as simple as showing her mother's naturalization certificate as well as the child's green card.

    My stepdaughter's birth certificate was registered late (more than 1 year). She also lacked documentary evidence (baptismal certificate, medical records, dental records), which are dated before the delayed registration of birth certificate. We applied at a regional passport agency...and her application was denied. The agent questioned my stepdaughter's maternity (that she is, in fact, my wife's daughter).

    The agent said we could have dna testing done (which is $500) or can apply for my SD's certificate of citizenship ($600). The choice is very clear. We recently received an approval letter for the N-600. Her oath taking is next week.

    In our case, an N-600 was very necessary. Hope this helps others in similar situation.

  6. My Fiancé has a current drivers license from the Philippines, does anyone know what the rules are for driving legally in Washington State once she arrives...

    I know that once she has established residency (when we get married) that she then has to go through all the normal licensing tests to get a WA State license...but what about her driving before that ??

    Thanks in advance for your help.

    cjmc

    I am not certain if Washington honors a Philippine driver's license.

    However, my wife applied for her International Driving Permit. This permit was accepted at the WA DOL. She was able to legally drive here in Washington.

    I highly recommend your fiancé apply for one before coming here.

    I hope this helps you some. Good luck! good.gif

  7. N-600 processing times vary by local office.

    We also had summer travel plans. But had to cancel or postpone them until this ordeal is straightened out.

    Her N-600 application was received the 1st week of June. We contacted USCIS, state representative and state senators to assist with expedited processing. Unfortunately, impending international travel does not meet any expedite criteria. However, we received a status update on her case last week. Apparently, her case was transferred to our local USCIS office. Hopefully, we'll hear something soon.

    I have heard others say that they can use their foreign passports with their green cards for travel. However, being that they are already U.S. citizens, they are required to enter and exit the U.S. with U.S. passports. I'm not really sure how that will work in your case. IMHO, I would postpose travel...which is what I have done. I'm already experiencing stress from passport agency. I don't want any more from U.S. Immigration. :D

    Please do contact your state representatives for further assistance.

  8. Thanks for sharing.

    I have thought about doing that but from the letter it seems like they aren't questioning her citizenship status, but rather they want proof that she is in fact my wife's biological daughter. I'm not sure if a citizenship certificate will accomplish that.

    Getting a certificate is completely unnecessary and a complete waste of money. I have 2, so I'm not going to shell out $1200 when I don't need to.

    This who process is so ridiculous. Their identity has already been established for the K-2 and for the greencard. And now they are questioning it? #######!

    I agree that the whole process is ridiculous!

    My SD's identity has already been established during the immigrant visa interview (IR-2) and when she received her permanent resident card. I understand your frustration as to why only now they are questioning her biologic relationship. However, the fine print in the passport application does say "you must establish your citizenship to the satisfaction of the acceptance agent and Passport Services." As subjective and vague as this may be, it really is up to the agent. If they can question if the child is really the USC's biologic child, they most certainly can ask for more evidence. And if you're unable to provide documentary evidence (like I am), your options will be more limited.

    We chose to apply for my SD's certificate of citizenship. In our case, we don't see it as completely unnecessary. Once she receives this certificate, this will prove that she is a U.S. citizen. She can apply for her own U.S. passport...and NOT claim derivative citizenship through her mother. She will have her own Certificate of Citizenship. We chose to do this, as a DNA test is almost as much as an N-600 application.

    Hope someone else can give you a more definitive answer and/or better approach to your dilemma. Good luck! :thumbs:

  9. I have a similar situation with my stepdaughter.

    My wife was naturalized last month. My stepdaughter, being a minor, automatically naturalized under Section 320 of Child Citizenship Act of 2000. We wanted my wife and stepdaughter to have their U.S. passports. We didn't apply at the post office. Rather, we applied at the Seattle Passport Office.

    The agent questioned my stepdaughter's basis to citizenship. I informed the agent that she derived citizenship from her mother, who is a naturalized U.S. citizen. Fine. No problem. However, my SD's birth certificate was registered more than one year after she was born. There is where the problems start. The agent asked for any evidence which pre-dated her delayed birth certificate. These documents consisted of baptism records, hospital records, medical records, or school records. My wife did not have any of these. My SD was born at home, under the care of a midwife.

    The agent then said that we could have a maternal DNA test performed, to prove that she is (in fact) my wife's daughter. I explained to the agent that my SD is already a U.S. citizen. However, the agent stated that she needed to prove her eligibility. And no, I'm not paying $500 for a DNA test. :D

    We then decided that applying for her N-600, Certificate of Citizenship, was the "best" option. It's $600. A little more expensive than a DNA test. Hopefully, this certificate will not be questioned. I have contacted my state representatives to assist in this matter, as well. What an ordeal!

  10. Markieboy...I saw your questions...but they no longer appear here. Maybe they were deleted when you edited your post?

    To address your question, my fiancee was never married to the father of the child. We fully understand she has full legal custody of the child...but this was not my question. My question is about transfering her authority as legal guardian to someone else...such as her mom...temporarily or with the ability to revoke this authority. What is the best way to do this?

    One lawyer told me that the person that is to become legal guardian must petition to the court for this. Minimum attorney fee is 40,000 pesos - plus court costs...etc. When I later asked if some sort of temporary transfer of legal guardianship (or a power of attorney), can be used, he replied, "Yes...a specific power of attorney can be used...but it is not the same as what the court will grant. (Yes...of course it is not the same...it's probably 35,000 fewer pesos for a power of attorney :-) )

    Any thoughts from anyone that has done this...or has knowledge of this... will be appreciated.

    Sorry, I spoke too soon. Lately, I have been doing this.

    IIRC, you would need to involve the courts. But I do not have any experience with this.

    Good luck with your situation! I hope someone with experience will guide you in the right direction.

  11. I just spoke to USCIS. They said he can travel freely with his UK valid passport and greencard. Although he is a citizen, until he gets a passport, his greencard is his proof of permanent residency!

    His greencard is valid until he gets a US passport and is to be used until then.

    Thanks for your input Ontarkie. I'll let you know if he has any problems.good.gif

    I'm experiencing some troubles somewhat similar to your case.

    N400-2011 is correct, though. Your son is no longer a permanent resident. He is a U.S. citizen.

    Your son is NOT a permanent resident anymore. The minute you became a citizen, so did he. I really wouldn't trust that he can travel with his UK passport and greencard. He is a US citizen.

    Thankfully, I had no issues getting my son his passport in 2011 (it was passport day so we could go directly to the passport agency without an appointment). Submitted everything that was required for my passport and card and for my son's. That was on a Saturday, and the agent told me not to bother paying for overnight or even to expedite it (wasn't travelling anyway) but we got everything back the following Wednesday (can only assume because it was passport day and the place was empty - nobody seemed to know).

    Hopefully it will turn out alright for his holidays.

    good.gif

  12. I contacted my state representatives today.

    One of the congressman's liaisons replied to my expedite request. She stated that she contacted USCIS and, unfortunately, my request does not meet any of the expedite criteria.

    My family and I are planning to visit the Philippines this summer (end of June). Since my stepdaughter is now a U.S. citizen (from what I understand), she must use a U.S. passport to exit and enter the United States.

    Our local USCIS office is currently processing N-600 in August 2012. If we are using their timeline, it would take months for our N-600 to be approved! We are still hoping our other state reps will work something out. I cannot imagine our situation being that difficult to resolve. unsure.png

    I'll post any updates.

  13. If you look at that oath, you'll also see this part of it. This is a commonwealth law, pre-independence from the USA. So how its applied now of modified is a big question. And can a country really say you're not a citizen of another country? I suppose they could say you have to renounce it first, then become a citizen, but I'm not seeing that in any of the requirements.

    "and I hereby declare that I recognize and accept the supreme authority of the United States of America in the Philippines and will maintain true faith and allegiance thereto"

    You are correct.

    The information I posted was pre-independence. The current Oath of Allegience does not require renouncing allegience to your country.

    Obviously you didn't read the state department website link I posted for you.

    There is no slope, slippery or otherwise. Plain and simple if one chooses to have citizenship in a foreign country and the USA they can do so without issue of losing their U.S. citizenship from the USA standpoint.

    Would I do it? No, not just no but Heck NO. By having citizenship in a foreign country you give up the right of having the U.S. government offering assistance in a "situation" .

    Thank you for the link, Hank. I appreciate it.

    Why do you think the U.S. would not offer assistance if one had citizenship in a foreign country? I mean they still would be American citizens.

  14. subscribe to a declaration of allegiance to a foreign state

    Stating a declaration of allegiance to a foreign state is very different from renouncing absolutely and forever all allegiance and fidelity.

    Again, this is a veeeerrryyyy slippery slope. I would not want my allegiance to the United States questioned over this technicality. Not worth it, IMHO.

  15. Wrong... as in that is soooo false. A U.S. citizen can obtain citizenship in a foreign without losing their U.S. citizenship... without issue.

    http://travel.state.gov/law/citizenship/citizenship_778.html

    Excerpt from the referenced site:

    Administrative Standard of Evidence

    As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

    There is more information on the site that you can read and become enlightened but I will add this excerpt also:

    In light of the administrative premise discussed above, a person who:

    1. is naturalized in a foreign country;
    2. takes a routine oath of allegiance to a foreign state;
    3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
    4. accepts non-policy level employment with a foreign government,

    and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

    I stand corrected.

    Hmmm now reading the dual Citizenship law, it does only apply to natural born Philippine citizens, but that deals with reclaiming Philippine Citizenship. I'd definitely not dump my US citizenship. I'm trying to see where the Philippines requires renouncing other citizenship, but I'm not finding it. There are still multiple references to the USA in their naturalization laws yet.

    Correct. I forgot to mention the dual citizenship law refers to natural born Filipinos. Even if someone wishes to naturalize to Philippine citizenship, s/he cannot become a dual citizen (according to Philippine law.

    Here's one reference which states the Oath of Allegiance in the Philippines.

    "...renounce absolutely and forever all allegiance and fidelity..."

    You don't have to dump your U.S. citizenship to acquire Philippine citizenship if that was your desire. Read my post just above yours.

    This is still a slippery slope, in my opinion.

    The risks greatly outweigh the rewards.

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