Proof of US citizenship question for K1?

[Sun Wukong 2]

So, for the I-129F petition, I am providing my Form FS-240 Consular Report of Birth Abroad to prove that I am a US citizen. My father is American, but I was born in Colombia. I am assuming that I only need to provide a copy of this rather than the original, but if I am wrong, please let me know! The main question I have refers to Part 1. Section 13.d.. For section 13.c. I marked down that I obtained my citizenship through my parents. The next question (13.d.) asks "Have you obtained a Certificate of Naturalization or a Certificate of Citizenship in your name?" I do not know if I should mark yes or no here. Does anyone know if the FS-240 Consular Report of Birth Abroad counts as a Certificate of Naturalization or a Certificate of Citizenship? Should I mark no here? Is the FS-240 a type of certificate of Citizenship? Thanks for the help everyone!

[newacct 688]

Yes, you should send a copy. You should mark no.

[Pennycat 880]

Well, I guess the question is did you ever get a Certificate of Citizenship? I think that CRBA negates the need for that certificate so it probably doesn't matter, just answer if you have one or not.

You don't necessarily have to submit the FS-240 if you don't want to. Your passport is all the proof you really need of being a US Citizen. Your CRBA shows the hows, whys, whens but the passport shows just "it", without question.

According to the instructions to filling out the form, "Requirements and Documents" #5 if you can submit

• (c ) (1) A copy of your original Certificate of Citizenship; or
• (c ) (2) Your Form FS-240, Report of Birth Abroad of a United States Citizen

OR

• (d ) In place of any of the above, you may submit a copy of your valid, unexpired US passport issued with a validity period of at least 5 years. You must submit copies of all pages in the passport.

[Sun Wukong 2]

Well, I guess the question is did you ever get a Certificate of Citizenship? I think that CRBA negates the need for that certificate so it probably doesn't matter, just answer if you have one or not.

You don't necessarily have to submit the FS-240 if you don't want to. Your passport is all the proof you really need of being a US Citizen. Your CRBA shows the hows, whys, whens but the passport shows just "it", without question.

According to the instructions to filling out the form, "Requirements and Documents" #5 if you can submit

• (c ) (1) A copy of your original Certificate of Citizenship; or
• (c ) (2) Your Form FS-240, Report of Birth Abroad of a United States Citizen

OR

• (d ) In place of any of the above, you may submit a copy of your valid, unexpired US passport issued with a validity period of at least 5 years. You must submit copies of all pages in the passport.

The problem for me is that my passport is only valid until 2020 (not five years). I am also using my passport stamps to prove that I have met with my fiance within the last two years, so I don't want to use a new passport which is lacking all of these stamps. As for whether I have a Ceritificate of Citizenship... I have no idea. I know that my FS-240 is legal proof that I am a citizen, so I don't know if I ever even received a certificate of citizenship or not...

[Pennycat 880]

The problem for me is that my passport is only valid until 2020 (not five years). I am also using my passport stamps to prove that I have met with my fiance within the last two years, so I don't want to use a new passport which is lacking all of these stamps. As for whether I have a Ceritificate of Citizenship... I have no idea. I know that my FS-240 is legal proof that I am a citizen, so I don't know if I ever even received a certificate of citizenship or not...

Ah I see. I don't think you need one. I really think it's either/or. Like, if you were born to an American abroad but they failed to apply for CRBA for you and then you turned 18, you'd still be a citizen, but you'd need the certificate for proof. And I'm pretty sure you'd know it if you had one. So the answer there is no.

And for the passport-- your call. If your CRBA is handy, that's probably easier than getting a new passport anyway. If for whatever reason you wanted to go the new passport route, you'd submit copies of both. Copies of the new one to prove citizenship, and copies of the other one for visa stamps. But really, in your case CRBA is more likely more readily available and could serve to make the citizenship thing crystal clear, if it's not already.

[newacct 688]

The problem for me is that my passport is only valid until 2020 (not five years)

No. Your passport doesn't have to be valid until a certain time. Your passport just has to have been issued with at least 5-year validity. All regular US passports are issued with at least 5-year validity (regular adult passports are issued with 10 year validity; regular child passports are issued with 5 year validity; only emergency passports have less, I believe). So basically any valid passport will work.

[KayDeeCee 4,893]

The problem for me is that my passport is only valid until 2020 (not five years). I am also using my passport stamps to prove that I have met with my fiance within the last two years, so I don't want to use a new passport which is lacking all of these stamps. As for whether I have a Ceritificate of Citizenship... I have no idea. I know that my FS-240 is legal proof that I am a citizen, so I don't know if I ever even received a certificate of citizenship or not...

It could be expiring next week and still be valid to use. it just needs to be unexpired when you file the petition and provide a copy of it.

The passport needed to be issued with at least a 5 year validity, not that it needs to have at least 5 years remaining before it expires. Passports for adults are issued with a 10 year validity. Passports for those 15 and under are issued with a 5 year validity, so there is really no worry about the issue of validity. You can use it to prove your US citizenship as long as it is unexpired.

[Sun Wukong 2]

Ah I see. I don't think you need one. I really think it's either/or. Like, if you were born to an American abroad but they failed to apply for CRBA for you and then you turned 18, you'd still be a citizen, but you'd need the certificate for proof. And I'm pretty sure you'd know it if you had one. So the answer there is no.

And for the passport-- your call. If your CRBA is handy, that's probably easier than getting a new passport anyway. If for whatever reason you wanted to go the new passport route, you'd submit copies of both. Copies of the new one to prove citizenship, and copies of the other one for visa stamps. But really, in your case CRBA is more likely more readily available and could serve to make the citizenship thing crystal clear, if it's not already.

Thanks for the Advice! I think I'll use the FS-240 and the passport stamps for proof of meeting in the last two years. Do you know if I have to scan my entire passport in order to prove that the stamps come from my passport, or can I just send in a scan of the pages with the stamps on them?

[KayDeeCee 4,893]

If just showing passport stamps as proof of meeting, and not using it to prove citizenship, then just the bio page and pages with stamps needed.