Tough Situation...Need Advice

[JackInTheBox 0]

You want some good advice? DON"T lie on a visa application that can have even greater problems than the one you listed. A life time ban would be a terrible result and thinking that you can just say it was a mistake if questioned. That is not being realistic. Do your self and your girl a favor and do it the right way.

If her mother was born a US citizen then what does the length of time her mother spent in the US have anything to do with it? She is the child of a USC. Maybe i am missing something, can you explain what her length of stay has to do with her being a natural born USC?

Her mom would have had to live in the US for 2 years after she was 14. Her mom didn't. So potentially we could be blocked either route.

Has she ever tried to apply for a US passport at the Embassy in Manila? She will need her Birth certificate and her mothers SS number if she had one which if she was a US citizen she should have. I would suggest she try that route first before making incorrect claims on the visa application. You may have a simple answer to your problem by doing that.

We don't want to give up the K1 if this fails. Can we do both?

Well it looks like you answered your own question. Obviously just having one parent who is a U.S. citizen does not automatically make you eligible for citizenship. I would answer the questions on the petition honestly, but include an attachment that explains the reason your fiance is not eligible for U.S. citizenship.

Thank you but the worry is that they will want proof that the mother didn't live in the USA for 2 years after age 14. We don't have proof. I just hope we aren't denied on both counts. We are afraid to try to claim her right to citizenship because we fear that it may void the K-1 application. Then we are back to square one again. If anyone knows a good trustworthy lawyer that doesn't charge outrageous rate please let me know.

[payxibka 10,045]

Thank you but the worry is that they will want proof that the mother didn't live in the USA for 2 years after age 14. We don't have proof. I just hope we aren't denied on both counts. We are afraid to try to claim her right to citizenship because we fear that it may void the K-1 application. Then we are back to square one again. If anyone knows a good trustworthy lawyer that doesn't charge outrageous rate please let me know.

your petition is at the USCIS, so Manila does not know anything about you... ask them

[Jose Rizal 1]

K1 is much faster as it would on average a 6 months to process whereas if through a parent it may take more than a decade. I know a member here who came to to the US recently after waiting 17 years for her mother's petition. Just a comment.

[JackInTheBox 0]

K1 is much faster as it would on average a 6 months to process whereas if through a parent it may take more than a decade. I know a member here who came to to the US recently after waiting 17 years for her mother's petition. Just a comment.

That is what we are concerned about...the speed but if they deny us the K-1 that is going to be very hard on us.

[MMW 2]

here check out this from the US Embassy website, Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship.

[JackInTheBox 0]

here check out this from the US Embassy website, Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship.

http://manila.usembassy.gov/wwwha003.html

I found this??? What does all of this mean? How do I contact someone in the embassy? Her parents reported her birth at the embassy when she was young. Does anyone have contact information of who I can talk to?

[payxibka 10,045]

K1 is much faster as it would on average a 6 months to process whereas if through a parent it may take more than a decade. I know a member here who came to to the US recently after waiting 17 years for her mother's petition. Just a comment.

but a USC comes immediately!

[JackInTheBox 0]

K1 is much faster as it would on average a 6 months to process whereas if through a parent it may take more than a decade. I know a member here who came to to the US recently after waiting 17 years for her mother's petition. Just a comment.

but a USC comes immediately!

Do you have contact information of who I can talk to? Can I do it or does my fiance have to do it since she is the one in question? Sorry for being so ignorant about this process. I am totally lost.

[JackInTheBox 0]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

[MMW 2]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

Call the US Embassy personally and ask for US citizen services from the operator and she will connect you. The number for the Embassy if calling from the states is

American Citizens Service

Tel. No. : (632) 301-2000 extension 2555, 2246

Fax : (632) 301-2017

Good Luck and hope things work out for you.

[JackInTheBox 0]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

Call the US Embassy personally and ask for US citizen services from the operator and she will connect you. The number for the Embassy if calling from the states is

American Citizens Service

Tel. No. : (632) 301-2000 extension 2555, 2246

Fax : (632) 301-2017

Good Luck and hope things work out for you.

Thank you very much....I actually did this and it took many calls to get through.

They are going to send my fiance forms and a list of requirements......They want us to FedEx originals of all of this stuff. This is crazy. What if it gets lost?

Here is what is says:

All supporting documents presented with the application must be either original, or copies certified by the issuing authority and bearing the official seal and signature. Photocopies of documents certified by a Notary Public are not acceptable. An official written translation is required for any documents issued in languages other than English.

1. Birth certificate of the applicant.

Certified true copy of the applicant's birth certificate issued by the competent authority (National Statistics Office (NSO)). The certificate must bear the official seal and signature of the issuing authority. An Extract of Birth or hospital record is not acceptable.

2. Evidence of parent's U.S. citizenship Submit any of the following :

* Certified true copy of U.S. birth certificate with original seal of the vital records office

* U.S. passport

* Certificate of Naturalization or Citizenship

* Consular Report of Birth Abroad or Certification of Birth Abroad

3. Marriage certificate. Certified true copy of the parents' marriage certificate bearing the official seal of the competent authority (from NSO if married in the Philippines).

4. Evidence of termination of previous marriages.

Documentary evidence of termination of previous marriages (e.g. divorce decree, death certificate, etc.) for previously married parents.

5. U.S. citizen parent's physical presence in United States.

Documentary evidence of the U.S. citizen parent's physical presence in United States prior to the applicant's birth, including periods outside the United States while serving the U.S. military forces or U.S. government agencies (if applicable). Documentary proof may consist of old/current passports, military record (statement of service/history of assignments), employment record (leave and earning statement w/W-2 form), school record, etc.

6. Evidence of the applicant's identity.

Currently valid identity document(s) bearing your name, signature and physical description or photograph (e.g. passport, driver's license etc). If you cannot present an ID, a witness who is a U.S. citizen or permanent resident alien of the United States and has known you for at least 2 years is required to attest to your identity.

7. Evidence of parentage.

If the applicant was born out of wedlock to a U.S. citizen father, the father must submit an affidavit containing the following information: acknowledgement of paternity of the child, agreement to provide financial support to the child until the child reaches the age of 18, and the father’s whereabouts/location, during the approximate time of conception of the child. Other credible evidence of parentage may be required, especially in cases where the only U.S. citizen parent is unavailable or deceased at the time of application. Certain applicants in these cases are also required to comply with certain legitimation laws.

8. Proof of parents' physical presence in the same location during the approximate time of the child's conception.

* Old or current passports with entry/exit stamps

* Military orders, etc.

NOTE: You may be asked to provide additional information/documents other than in the foregoing depending on the complexity of the citizenship case.

Some of this proof will be hard to get if it is even possible. I don't know how to prove that her mom lived in the US at age 14. Her mom's dad was in the US military stationed in the Philippines I believe so that may count...but how do we prove it and how do we get documents that show this?

Edited February 27, 2009 by JackInTheBox

[LucyLovesRicky 0]

I would just call USCIS and ask them what is the best thing to do.

I have a friend who is a member of VJ and she posted some questions on here for me before I was a member. The members here DID NOT have the correct information. USCIS told me exactly what to do.

I am not insulting VJ members. I'm just saying that in a thorny situation like this it is better to get the information you need straight from the horses mouth.

[payxibka 10,045]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

As has been suggested and suggested and suggested before... CALL THE CONSULATE

[JackInTheBox 0]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

As has been suggested and suggested and suggested before... CALL THE CONSULATE

Sorry but how do I get ahold of a "consulate"? I call the Manila embassy numerous times and got ahold of someone...they gave me another number to receive a packet. Who can I call for advice? What number and how do I talk to a human?

[payxibka 10,045]

I have looked everywhere and have read everything but still can't even come up with a clear answer on how to apply. Government websites are useless. They all refer to each other.

http://www.uscis.gov/files/article/A4eng.pdf

refers to stategov......nothing tells me how she can apply or what form to use!???

As has been suggested and suggested and suggested before... CALL THE CONSULATE

Sorry but how do I get ahold of a "consulate"? I call the Manila embassy numerous times and got ahold of someone...they gave me another number to receive a packet. Who can I call for advice? What number and how do I talk to a human?

The Embassy is the diplomatic mission to a country.... the Consulate is a function (department) which can be housed within the Embassy compound or could be separate, that handles these services

U.S. Embassy, Manila Tel: 63-2-301-2000 ext. 2246/2567 for Special Consular Services, ext. 2555/2532 for Passport and Citizenship services

Edited February 27, 2009 by payxibka