Derivative Citizenship

[RocksAnne 0]

Hi

I was about to file for a K3/IR-1 when I re-read the laws on claiming US Citizenship thru a parent. My father is a USC, and it looked like I might qualify, so I got an appointment at the Vancouver consulate and gave them the required preliminary questionaire and US Passport application. Then they started giving me a hard time. Two hours later I had at least managed to convince them to consider my application, but they weren't very hopeful that it would be approved.

Has anyone else gone thru this process and were you successful?

Does anyone know if it will make any difference if I file the I-130 paperwork before I find out if the citizenship/passport application was approved? (Since they didn't seem very hopeful about giving it to me, it would speed my I-130 application along by two months).

thanks

[Cali Gal CPA 0]

Hi

I was about to file for a K3/IR-1 when I re-read the laws on claiming US Citizenship thru a parent. My father is a USC, and it looked like I might qualify, so I got an appointment at the Vancouver consulate and gave them the required preliminary questionaire and US Passport application. Then they started giving me a hard time. Two hours later I had at least managed to convince them to consider my application, but they weren't very hopeful that it would be approved.

Has anyone else gone thru this process and were you successful?

Does anyone know if it will make any difference if I file the I-130 paperwork before I find out if the citizenship/passport application was approved? (Since they didn't seem very hopeful about giving it to me, it would speed my I-130 application along by two months).

thanks

(Correct me if I'm wrong)

I think you can derive citizenship through your dad. How old are you? According to an article I read about children born abroad to a USC parent (and the other not a U.S. citizen)is that if a child is born between December 24, 1952 and November 13, 1986, he/she can derive citizenship through his/her parent IF before the child was born, the U.S. citizen parent must have been physically present in the U.S. and its possessions for at least 10 years, 5 of which must have been after the parent turned 14. Military or government service abroad can count as U.S. presence.

I'm not sure what the exact procedures are for claiming citizenship under this clause.

As for filing the I-130, I think your Dad - the USC, and not you can file this. I hope somebody can chime in with more info.

Good luck!

[zyggy 9]

Hi

I was about to file for a K3/IR-1 when I re-read the laws on claiming US Citizenship thru a parent. My father is a USC, and it looked like I might qualify, so I got an appointment at the Vancouver consulate and gave them the required preliminary questionaire and US Passport application. Then they started giving me a hard time. Two hours later I had at least managed to convince them to consider my application, but they weren't very hopeful that it would be approved.

Has anyone else gone thru this process and were you successful?

Does anyone know if it will make any difference if I file the I-130 paperwork before I find out if the citizenship/passport application was approved? (Since they didn't seem very hopeful about giving it to me, it would speed my I-130 application along by two months).

thanks

(Correct me if I'm wrong)

I think you can derive citizenship through your dad. How old are you? According to an article I read about children born abroad to a USC parent (and the other not a U.S. citizen)is that if a child is born between December 24, 1952 and November 13, 1986, he/she can derive citizenship through his/her parent IF before the child was born, the U.S. citizen parent must have been physically present in the U.S. and its possessions for at least 10 years, 5 of which must have been after the parent turned 14. Military or government service abroad can count as U.S. presence.

I'm not sure what the exact procedures are for claiming citizenship under this clause.

As for filing the I-130, I think your Dad - the USC, and not you can file this. I hope somebody can chime in with more info.

Good luck!

If you met the conditions to be a US Citizen at the time that you were born, then you are a US Citizen... you do not have to apply to get it... However, you do have to apply for evidence of it. This is typically done by applying for two documents. The first is a US Passport, the Second is to file an N-600 for a Citizenship Card. SInce I am assuming that you are over 18, you apply for the above documents yourself.

What you will need is a copy of your BC, a copy of citizenship documents for both your parents (a BC from your father), a marriage certificate for your parents and proof that your father lived in the US for the required amount of time. This can be done by getting school records, tax returns, pay stubs, affidavits from other persons, etc...

Another consideration is has your father been filing US tax returns... A US Citizen is required to file US tax returns forever... no matter if they live in the USA or not...

Could you tell us what their reasons were for their hesistation in approving it... most of the time is that the parent did not live in the US for the required period of time, or that there was not enough evidence to substantiate it or the parentage was never legitimated (meaning that the father never married the mother)...

If you are trying to claim citizenship through an unlegitimated father after you have already turned 18, it's pretty tough to get citizenship this way and would probably take a lawyer to get you through it...

If they had objections, you would have been better to listen to what they had to say and address the objection than to insist that they take your application... they were probably trying to save you some money... they have to take the application if you're willing to pay the fees...

Edited February 26, 2007 by zyggy

[RocksAnne 0]

Yeah, I'm applying for the US passport as evidence that I'm actually a USC. (And yes, I know the USC has to apply for the I-130, I should have said my husband (a USC) will actually be the petitioner on that one, if the passport doesn't get approved.)

As for the passport application, here's the long story: I did not 'insist' that they take it - they decide whether or not to accept it based on the information you bring to the interview. We had carefully read all the instructions from the State Department on what was required for the passport application and evidence of a claim to citizenship; filled out all the forms, gathered all the listed evidence and brought it all to the interview. By our calculations my father spent more than the required time in the US before my birth or we wouldn't have bothered to go that far - it cost me more than $500 to fly out there for the interview! I also knew that they would ask for additional evidence, but they won't tell you what they want until you actually have the interview.

What amazed me was that the first person I spoke to was rude and barely looked at the evidence I had brought. He refused to accept some of the papers that the State Department lists as being required - like my father's notarized statement of all the times he lived in the US before I was born. I was upset that the State Dept says it's required but this man just handed it back without even looking at it and said he didn't want it! He also refused to accept my original certified long form birth certificate, and said instead I had to present a 'statement of live birth' - for me! Well, I guess I was born alive or I wouldn't have been standing in front of him. I also had my Canadian passport - he didn't want that as proof that I was alive either. He also refused to accept my father's certified original birth certificate, and said that didn't prove his citizenship because he might have lost his citizenship since then (which he would have found was not true if he'd looked at the other evidence I had brought, like that my Dad's an officer in the US Navy, which you can't be unless you're a USC.) Really, some of the things he said would have made me laugh if it hadn't been such a serious matter to me.

He was just going to reject my application out of hand but I managed to make him slow down and actually read some of the evidence I brought with me. After that he went and talked to his supervisor. That's when everything changed! The supervisor came out and was very nice and helpful and told me they would accept my application and what additional evidence they wanted before it would be approved, and he also gave me some good information on where to get it. The first guy ended the interview by saying he didn't believe I would be able to get enough other evidence and said he didn't think it was likely I'd get the passport.

I just hope when I send the additional info in, that the helpful supervisor is the one to adjudicate it, and not that first person I talked to!

[Issey&Jem 0]

i have the same situation with you, I need help.

[NigeriaorBust 4,087]

This post has been dead for years try to pm the OP or start a new thread

[TBoneTX 45,310]

The original poster hasn't logged on to VJ since December 2008. Start a new thread; this thread is closed because of its age.