What is the fastest way to prove citizenship (RFE needed for I-130 petition)?

[Geisinger 13]

Hello, early February/ 2018 my wife, born in Spain, submitted a petition for me (I-130 based on our marriage). She has been living in US for 20 years, she has a U.S. passport (provided on the application package), SSN, valid driver's license in NJ and she has been filing taxes for the past 3 years.

The RFE requests one of the following: 1) A birth certificate registered and issued by a civil authority that shows birth in the United Sates ; 2) The individual's certificate of naturalization or certificate of Citizenship ; 3) Department of State Form FS-240, Report of Birth Abroad of a Citizen of the United States, or any other Report of Birth Abroad Document.

In our understanding the option #1 is not viable as she was born in Spain.

We would like to know from options #2 or #3 which one would be the fastest one to obtain as we want to submit the RFE ASAP.

Thank you

[Jo Së 200]

Was she born to US parents or Naturalized?  Either way, she should have a certificate of citizenship already that she can use. 

How did she get a US Passport?  To get a US Passport she should have provided either option 2 or 3.

Edited September 1, 2018 by Jo Së

[TNJ17 1,329]

A copy of the naturalization certificate is the fastest since she should have that in her hands already or she wouldn’t have gotten a US passport. 

[Geisinger 13]

8 hours ago, Jo Së said:

Was she born to US parents or Naturalized?  Either way, she should have a certificate of citizenship already that she can use. 

How did she get a US Passport?  To get a US Passport she should have provided either option 2 or 3.

 

Hello,

 

She was born to US parent (her father became US citizen prior to her birth) out of United States.

 

She obtained her first passport 20 years ago and lost related documentation, she always renewed her passport using the expired passport.

 

So we believe we will need to go for option 2 or 3, however some of these can take between 4 to 8 weeks, this is why we are trying to figure out which one is the fastest option.

 

Thank you

[Geisinger 13]

7 hours ago, TNJ17 said:

A copy of the naturalization certificate is the fastest since she should have that in her hands already or she wouldn’t have gotten a US passport. 

She can't find her naturalization certificate, we believe it was lost.

 

So we are trying to figure it out the fastest way to obtain a valid supporting document to submit the RFE response.

[Jo Së 200]

10 minutes ago, Geisinger said:

So we are trying to figure it out the fastest way to obtain a valid supporting document to submit the RFE response.

 She will need the Report of Birth Abroad since she was born to a US Citizen, Its the only option.  Im not sure about the process and how long that takes.

[TNJ17 1,329]

I think asking USCIS for a copy of her naturalization certificate will be faster. You’ll also have to pay. Do a search on their website and order it. Don’t waste time. 

[Geisinger 13]

10 hours ago, Jo Së said:

 She will need the Report of Birth Abroad since she was born to a US Citizen, Its the only option.  Im not sure about the process and how long that takes.

Yes, this seems to be the best option.

 

They take between 4-8 weeks to provide a copy of it.

 

It is an unfornate delay but seems to be our only chance. Now we just need to find an example to submit the request.

 

Thank you!

[Geisinger 13]

8 hours ago, TNJ17 said:

I think asking USCIS for a copy of her naturalization certificate will be faster. You’ll also have to pay. Do a search on their website and order it. Don’t waste time. 

I am not sure if there is a way to request this certificate, we are going for a new lawyer as our current one is giving us more uncertainty and doubts than actually helping us.

 

After the holiday we are contacting a new lawyer who was highly recommended by a friend, I hope she can guide us and your insight will be really helpful!

[Geisinger 13]

Hello,

 

Recently my wife and me got a RFE to prove her citizenship, she was born in Spain and her original Report of Birth Abroad of a U.S. Citizen(FS-240) was lost.

 

Online I could find information about how to replace:

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad/replace-amend-CRBA.html

 

However I could not find one example about how to write this request in a way that will be comprehensible to who receive this request I even don't know if saying that a petition is pending becaues this document can possibly help they to expedite this process.

 

Does anyone have an example about how to fill this document?

 

Thank you

[TNJ17 1,329]

47 minutes ago, Geisinger said:

I am not sure if there is a way to request this certificate, we are going for a new lawyer as our current one is giving us more uncertainty and doubts than actually helping us.

 

After the holiday we are contacting a new lawyer who was highly recommended by a friend, I hope she can guide us and your insight will be really helpful!

You can. If you lost your certificate you can ask for a copy. You just have to pay. 

[jan22 3,056]

No form is needed -- just supply all the information asked for in a list, notarize the request, and include the ID copIes required and the proper fee payment.  Having a pending immigration process will not expedite the process.  The only thing you can do is pay the extra fee for express mailing, once the request is processed.   It can take a month or two, depending on when the original was issued.  Newer ones can be pulled from computer records so can be done faster.  Older ones may require pulling the original paper copy from the National Archives and that takes longer.

 

But -- why does she need the CRBA (FS-240)?  Doesn't she have a US passport?  That's proof of citizenship, if it was issued for full validity (10 years).

[Geisinger 13]

8 minutes ago, jan22 said:

No form is needed -- just supply all the information asked for in a list, notarize the request, and include the ID copIes required and the proper fee payment.  Having a pending immigration process will not expedite the process.  The only thing you can do is pay the extra fee for express mailing, once the request is processed.   It can take a month or two, depending on when the original was issued.  Newer ones can be pulled from computer records so can be done faster.  Older ones may require pulling the original paper copy from the National Archives and that takes longer.

 

But -- why does she need the CRBA (FS-240)?  Doesn't she have a US passport?  That's proof of citizenship, if it was issued for full validity (10 years).

She born in Spain 1991, do you think there is any chance of her being digital?

 

Unfortunately even showing a valid US passport which will only expire 2021 and her spanish birth certificate which shows that her father nationality is american were not enough evidence for USCIS.

 

They requested to "Submit a legible photocopy of evidence to establish that ****** (my wife) is a citizen of the United States".

 

One of the acceptable evidencesis the Form FS-240, which unfortunately was lost but seems to be the easiest/ fastest one to obtain.

[jan22 3,056]

8 minutes ago, Geisinger said:

She born in Spain 1991, do you think there is any chance of her being digital?

 

Unfortunately even showing a valid US passport which will only expire 2021 and her spanish birth certificate which shows that her father nationality is american were not enough evidence for USCIS.

 

They requested to "Submit a legible photocopy of evidence to establish that ****** (my wife) is a citizen of the United States".

 

One of the acceptable evidencesis the Form FS-240, which unfortunately was lost but seems to be the easiest/ fastest one to obtain.

Did you submit a photocopy of all pages of her passport --- and, were the pages all legible?  What did she submit as proof of citizenship for the passport?

 

Does she not have even a photocopy of the FS-240?

 

Sorry, but a 1991 DS-240 will not have the required digital record for reproducing the form, so they will have to pull the paper original.

Edited September 2, 2018 by jan22

[Geisinger 13]

1 minute ago, jan22 said:

Did you submit a photocopy of all pages of her passport --- and, were the pages all legible?

 

Does she not have even a photocopy of the FS-240?

 

Sorry, but a 1991 DS-240 will not have the required digital record for reproducing the form, so they will have to pull the paper original.

Our lawyer submitted the package, I am not sure if he added all pages of her passport, I am afraid not.

 

However the RFE is clear that the passport is not enough.

 

Unfortunately she does not have a photocopy, this was probably lost many years ago as she grew up thinking that only her passport was enough to prove that she is an US citizen, her original birth certificate was properly kept.