No birth certificate/Naturalization certificate

[Dee724 0]

Hello all -

I am new to the forum. I am a U.S. citizen (born, not naturalized) and my boyfriend is a UK citizen. We are in the process of choosing a visa option and we will choose the K-3 in all likelihood since it will allow him to get work authorization more quickly. The issue we have is that he does not have a birth certificate. He immigrated to the UK at 14 without any papers. He has a naturalization certificate and is a UK citizen with a valid passport. Will the naturalization certificate be accepted in lieu of a birth certificate? I'm concerned the lack of a birth certificate will be a problem and cause delays in the visa process.

Thank you,

Dee

[Anh map 2,098]

FYI: K3 is not the option that will allow your spouse to work the quickest. The CR1 spouse visa would be the best. CR1 holders are work authorized upon entry into the US. K3's must adjust status.

The VJ Guides show that the alien spouse's birth certificate is no longer required.

[Dee724 0]

I've started researching options. Is the only difference between K-3 and CR-1 just that he can't come visit me in the U.S.? I'm unclear on the substantive differences between the two.

Would you mind pointing me to the guides? I've been looking at the government websites and they list a birth certificate as a requirement. I've called the help line but the persons I've spoken to don't seem very knowledgeable. For example, I called asking if the marriage ceremony could take place in the U.S. rather than overseas for the K-3 process and all I got was a yes without any explanation. I fear they are just yesing me.

I see the guides link on your signature. Thank you!

[Inky 1,111]

Petitioning for a CR-1 does not stop some one from visiting the USA.

K-3 does NOT get a green card on entry and cannot work on entry.

CR-1 DOES get a green card on entry and can work on entry. CR-1 is the fastest way to work right away and get the green card on entry.

http://www.visajourney.com/content/compare

[Nich-Nick 3,354]

Hello all -

I am new to the forum. I am a U.S. citizen (born, not naturalized) and my boyfriend is a UK citizen. We are in the process of choosing a visa option and we will choose the K-3 in all likelihood since it will allow him to get work authorization more quickly. The issue we have is that he does not have a birth certificate. He immigrated to the UK at 14 without any papers. He has a naturalization certificate and is a UK citizen with a valid passport. Will the naturalization certificate be accepted in lieu of a birth certificate? I'm concerned the lack of a birth certificate will be a problem and cause delays in the visa process.

Thank you,

Dee

Here's a link about when a birth certificate is not available http://travel.state.gov/visa/immigrants/info/info_3195.html#certificates

K3 non-immigrant visa isn't a great option. They are kinda old news and don't get issued as frequently as they used to. They were popular when immigrant visas took forever. Now if you have an I-130 and an I-129F both going, they usually get approved at the same time. When that happens, they will kill the K3 route (administratively close) and your case will continue on the journey toward CR1. Likely you would end up with a CR1, even if you submitted papers for the K3.

[VanessaTony 3,567]

I've started researching options. Is the only difference between K-3 and CR-1 just that he can't come visit me in the U.S.? I'm unclear on the substantive differences between the two.

Would you mind pointing me to the guides? I've been looking at the government websites and they list a birth certificate as a requirement. I've called the help line but the persons I've spoken to don't seem very knowledgeable. For example, I called asking if the marriage ceremony could take place in the U.S. rather than overseas for the K-3 process and all I got was a yes without any explanation. I fear they are just yesing me.

I see the guides link on your signature. Thank you!

He can come visit you no matter what visa you pick. He will still need to show ties to his home country but explaining that you're doing it the "right way" should be fine.

K3 is like a k1 visa but for spouses. You don't get a GC on entry and have to adjust status ($1070).

You can get married in whatever country you want (only once, your marriage is valid no matter where you got married).

CR-1 is most definitely the option for you if you're planning on getting married. K3 is all but obsolete.

[Dee724 0]

Thank you for the information Nick. I hadn't seriously considered the CR1 route, but I am going to explore that in more detail. We're willing to wait longer if he can come here and become a citizen as soon as possible and begin working.

The issue with the birth certificate is that he was a refugee from Kosovo. Given the war, it's very recent independence and other considerations, getting a statement from an applicable government authority will be difficult, if not impossible. My fear is this will prevent him from immigrating here.

[TimeTravel 78]

Go with CR-1 Option. I also thought to apply for K3 , but it is totally out dated. So I applied for CR-1 .

[Nich-Nick 3,354]

Thank you for the information Nick. I hadn't seriously considered the CR1 route, but I am going to explore that in more detail. We're willing to wait longer if he can come here and become a citizen as soon as possible and begin working.

The issue with the birth certificate is that he was a refugee from Kosovo. Given the war, it's very recent independence and other considerations, getting a statement from an applicable government authority will be difficult, if not impossible. My fear is this will prevent him from immigrating here.

He will be a permanent resident (LPR) when he gets here, but still a British citizen and carry a British passport. An LPR can work, travel, go through the US line at the airport...do almost everything but vote. There will be a few more immgration hoops to jump through before he can be an American citizen through naturalization.

I would suggest he start trying to write letters to Kosovo authorities and document with a photocopy every avenue he tries. If he gets a response or no response he is building evidence to present that he made an effort. If he can gather any UK school records that show his date of birth or parent's name. Or medical records documenting the same. Or refugee records. And if he has any relative that can write an affidavit testifying of their knowledge of his birth and parents like the link explains.

I suggested the same for one of my British VJ girls (born in India) that I was helping. She actually got her visa and later greencard without a birth certificate. She had a pile of documents and a log of who she contacted and their reply. She couldn't get any affidavits because her parents were the ones who wouldn't give her her birth certificate or passport, but she had copies of police reports and restraining orders documenting the parent problems. So documentation of efforts to obtain a birth certificate and documentation showing a birthdate and parent names might help.

This is what the Dept of State says about Kosovo:

Birth, Marriage, and Death Certificates

Available. Birth (Certifikate e Lindjes/ Izvod Rodjenih), marriage (Certifikate e Marteses/ Izvod Vencanih) and death certificates, (Certifikate e Vdekjes/Izvod Umrlih) are available from the civil registrar with jurisdiction over the locality where the event occurred. If the event occurred abroad, the Kosovar citizen may choose to report it to the local authorities and is then issued the corresponding document, listing the foreign country as the place of occurrence of the event. The fact that a marriage took place by proxy is not usually evident from the marriage certificate. Only civil marriages are legal in Kosovo.

So they think Kosovo records are available. It may be up to your fiance to prove his isn't if he is unsuccessful.

[pushbrk 13,038]

Thank you for the information Nick. I hadn't seriously considered the CR1 route, but I am going to explore that in more detail. We're willing to wait longer if he can come here and become a citizen as soon as possible and begin working.

The issue with the birth certificate is that he was a refugee from Kosovo. Given the war, it's very recent independence and other considerations, getting a statement from an applicable government authority will be difficult, if not impossible. My fear is this will prevent him from immigrating here.

Please actually study the CR1 visa guide. When he enters on a CR1 visa, he will be a Legal Permanent Resident, not a US Citizen. You won't be "waiting longer". Be aware that you can marry in any country that will allow you to marry. Since a special visa is needed for a non-EU foreigner to marry a UK citizen, it would be wise to plan to marry elsewhere. Married is married, so you marry one time.