I-139 born overseas on military base

[Redheadguy03 505]

Ok, I was born overseas on a military base to two US citizens. On the 129f I put birth on USA soil and had no issues, but the affidavit of support has an option for "other."

Should I use this option and include a description? Or just mark birth on USA soil again? 

[EandH0904 1,184]

I looked up whether or not military bases are considered US soil - they are not. So I think you should tell the truth on all forms. Yes, it will be different than previous. Besides, doesn't your birth certificate list a different country? 

 

http://military.findlaw.com/family-employment-housing/military-children-born-abroad.html

Edited April 23, 2017 by Penguin_ie

[Redheadguy03 505]

2 hours ago, EandH0904 said:

I looked up whether or not military bases are considered US soil - they are not.  So I think you should tell the truth on all forms. Yes, it will be different than previous. Besides, doesn't your birth certificate list a different country? 

 

http://military.findlaw.com/family-employment-housing/military-children-born-abroad.html

I didn't lie. I got approved without a RFE, so obviously it was ok to mark that. Both of my parents were in the military, born on a military installation. I've been told my entire life by my parents and by the United States Federal government, both civilian and military that I can put USA soil. However, for this I want to make sure I'm accurate as you can get a RFE. That's like when I was a kid everyone said oh you can't run for president. My NOA2 got approved so obviously it's ok because they definitely wouldn't have just missed that.

Edited April 23, 2017 by Penguin_ie

[EandH0904 1,184]

I guess it depends on whether or not military bases are considered US soil. I'm not a legal expert nor have military training but everything I've ever heard says they aren't. 

 

You asked for opinions, so I looked it up and gave you my opinion. 

 

You're a citizen because your parents are US citizens right? 

 

 

[Redheadguy03 505]

1 minute ago, EandH0904 said:

I guess it depends on whether or not military bases are considered US soil. I'm not a legal expert nor have military training but everything I've ever heard says they aren't. 

 

You asked for opinions, so I looked it up and gave you my opinion. 

 

You're a citizen because your parents are US citizens right? 

 

 

Yes, but if you get citizenship through your parents and not birth in the United States you get a certificate of citizenship. I do not have that. Therefore the parent option isn't what would apply to me. 

 

The 129f was approved, so obviously I completed it correctly. The affidavit of support however, has an option for other which wasn't on the 129f. That's why I'm asking and I think that option exists for situations just like this one. 

[Roel 7,192]

http://military.findlaw.com/family-employment-housing/military-children-born-abroad.html

[Penguin_ie 5,993]

***** One post edited for language/ unwarranted personal attack. Be civil or do not post. ******

[Ortolan 381]

Did your parents file a Report of Foreign birth with the U.S. consulate wherever you were born? The State Dept. should have a record of this if so. Under U.S. law, a child born overseas to at least one U.S. citizen who has spent at least five years of their life physically living in the U.S. (and at least two of those years being after they were 14-years-old) is a U.S. citizen as long as their parents apply for (and receive) a consular report of birth abroad for that child.

[Redheadguy03 505]

3 hours ago, Ortolan said:

Did your parents file a Report of Foreign birth with the U.S. consulate wherever you were born? The State Dept. should have a record of this if so. Under U.S. law, a child born overseas to at least one U.S. citizen who has spent at least five years of their life physically living in the U.S. (and at least two of those years being after they were 14-years-old) is a U.S. citizen as long as their parents apply for (and receive) a consular report of birth abroad for that child.

I'm a USA citizen that's not the issue. They were in the military so I have a hospital birth certificate from the Air Force and a certificate of birth abroad. 

[TBoneTX 45,291]

*** Thread is moved from the K-1 Process forum to the Military Discussion forum for possible in-depth answers.  Unanswered duplicate thread removed. ***

Edited April 24, 2017 by TBoneTX

[jan22 3,056]

2 hours ago, Redheadguy03 said:

I'm a USA citizen that's not the issue. They were in the military so I have a hospital birth certificate from the Air Force and a certificate of birth abroad. 

If you have a certificate of birth abroad, it is clear that you were not born on US soil.  Really doesn't matter, since either way you were a US citizen from birth and I don't think anyone will pay n attention to how you are the form.

[mrtravel 40]

18 hours ago, Redheadguy03 said:

Ok, I was born overseas on a military base to two US citizens. On the 129f I put birth on USA soil and had no issues, but the affidavit of support has an option for "other."

Should I use this option and include a description? Or just mark birth on USA soil again? 

Not getting an RFE doesn't mean everything was perfect.
As you have noted " They were in the military so I have a hospital birth certificate from the Air Force and a certificate of birth abroad. "

If you were born on US soil, you would not have received a "certificate of birth abroad"
That is not the same as McCain being born in the Panama Canal Zone, because at the time it was under the control of the US and Congress had passed  laws concerning birth in the Canal Zone.  A US military base overseas is not "American Soil", as noted by FindLaw.