I-130 Questions (citizenship, address history, native written language)

[islanderfever 14]

Hello, I have some questions about form I-130. Hope to get some help!

 

Additional Information About You (Petitioner)

37. My citizenship was acquired through (Select only one box)

Birth in the United States

Naturalization 

Parents

 

My parents were born in the Philippines, immigrated to the US, became US citizens. I was born in the US, over a decade after they became US citizens. I selected Parents, but Birth in the United States seems like it could be another choice. Which is correct?

 

 

Address History

 

Current Address (also Mailing Address): Japan, August 2016 - Present

 

Vietnam, March 2014 - May 2016

<< There’s a 7 month gap here. Traveled throughout Asia for a few months, also went back home for a bit. I was in Vietnam from December 2013, but moved around different accommodations. It wasn’t until March 2014 that I actually had a work permit and a stable residence. >>

 

South Korea, September 2012 - August 2013

 

Question: My South Korea Address is past the “provide address for the last five years”, so I’m not including that in the Address History, or should I. However, there’s still that almost a half year gap before my Vietnam Address. Is that gap ok?

 

 

Part 4. Information About Beneficiary

If the beneficiary's native written language does not use Roman letters, type or print his or her name and foreign address in their native written language. 

 

I typed my wife’s name in Vietnamese (Vietnamese alphabet with accent marks), and I typed our foreign address in Japanese (kanji). Is that the correct thing to do? In other parts of the I-130 our foreign address in Japan is written in English.

[ColoradoBeauty 79]

(I believe) Birth in the United States is the correct one for you. Parents would be if you were born abroad to a US citizen parent(s) or you got citizenship after one or both of your parents have been naturalized

[TNJ17 1,329]

It’s not parents. It’s birth. Birth > parents. 

[TM92 527]

2 hours ago, islanderfever said:

Part 4. Information About Beneficiary

If the beneficiary's native written language does not use Roman letters, type or print his or her name and foreign address in their native written language. 

 

I typed my wife’s name in Vietnamese (Vietnamese alphabet with accent marks), and I typed our foreign address in Japanese (kanji). Is that the correct thing to do? In other parts of the I-130 our foreign address in Japan is written in English.

IMO you can put "N/A" for Item Number 58.a. and leave Item Numbers 58.b. - 58.f. blank. The form is awfully* designed regarding this section; it assumes most beneficiaries physically reside in a country that uses his/her native written language.

*Awfully as in, it does not cover all scenarios.

Edited October 5, 2018 by TM92

[TM92 527]

2 hours ago, islanderfever said:

Additional Information About You (Petitioner)

37. My citizenship was acquired through (Select only one box)

Birth in the United States

Naturalization 

Parents

 

My parents were born in the Philippines, immigrated to the US, became US citizens. I was born in the US, over a decade after they became US citizens. I selected Parents, but Birth in the United States seems like it could be another choice. Which is correct?

Like the other users have said "Birth in the US" is the correct answer. "Parents" would be applicable if you were born abroad and issued one of the following:

• Children born before November 1, 1990, were issued a Certification of Birth Abroad (FS-545) if their parents registered the birth
• Children born between November 1, 1990 and December 31, 2010 were issued a Certification of Report of Birth (DS-1350) if their parents registered the birth
• Children born January 1, 2011 or later are issued a Consular Report of Birth Abroad (FS-240) if their parents register the birth

"Parents" is also applicable for LPR children who automatically become citizens when they fulfill the conditions of the Child Citizenship Act of 2000.

Edited October 5, 2018 by TM92

[pushbrk 13,166]

4 hours ago, islanderfever said:

Hello, I have some questions about form I-130. Hope to get some help!

 

Additional Information About You (Petitioner)

37. My citizenship was acquired through (Select only one box)

Birth in the United States

Naturalization 

Parents

 

My parents were born in the Philippines, immigrated to the US, became US citizens. I was born in the US, over a decade after they became US citizens. I selected Parents, but Birth in the United States seems like it could be another choice. Which is correct?

 

 

Address History

 

Current Address (also Mailing Address): Japan, August 2016 - Present

 

Vietnam, March 2014 - May 2016

<< There’s a 7 month gap here. Traveled throughout Asia for a few months, also went back home for a bit. I was in Vietnam from December 2013, but moved around different accommodations. It wasn’t until March 2014 that I actually had a work permit and a stable residence. >>

 

South Korea, September 2012 - August 2013

 

Question: My South Korea Address is past the “provide address for the last five years”, so I’m not including that in the Address History, or should I. However, there’s still that almost a half year gap before my Vietnam Address. Is that gap ok?

 

 

Part 4. Information About Beneficiary

If the beneficiary's native written language does not use Roman letters, type or print his or her name and foreign address in their native written language. 

 

I typed my wife’s name in Vietnamese (Vietnamese alphabet with accent marks), and I typed our foreign address in Japanese (kanji). Is that the correct thing to do? In other parts of the I-130 our foreign address in Japan is written in English.

Fill the gap by indicating you were traveling without a residence.

 

All your time in South Korea appears to be more than five years ago, so not applicable or relevant.

 

If the beneficiary is currently living in Japan but is Vietnamese, yes, you handled the native alphabet section correctly.

[carmel34 3,657]

16 hours ago, TM92 said:

Like the other users have said "Birth in the US" is the correct answer. "Parents" would be applicable if you were born abroad and issued one of the following:

• Children born before November 1, 1990, were issued a Certification of Birth Abroad (FS-545) if their parents registered the birth
• Children born between November 1, 1990 and December 31, 2010 were issued a Certification of Report of Birth (DS-1350) if their parents registered the birth
• Children born January 1, 2011 or later are issued a Consular Report of Birth Abroad (FS-240) if their parents register the birth

"Parents" is also applicable for LPR children who automatically become citizens when they fulfill the conditions of the Child Citizenship Act of 2000.

Citizenship certificates or reports of birth abroad are not required to claim or prove US citizenship through US citizen parents.  US citizenship is automatic at birth if the time lived in the US requirement for the parent is satisfied (depends on the year of birth and the law applicable for the date of birth).  The certificates and records cited are useful as proof of US citizenship (since the foreign birth certificate is not), but they are not necessary.  A person of any age who became a US citizen at birth through a US citizen parent can apply for a US passport as proof of citizenship by submitting their parent's US birth certificate and their own foreign birth certificate.  I was born abroad and grew up outside the US, and only learned this policy as an adult when I was refused a student visa because I was a US citizen but didn't know it.  Whether or not my birth abroad was registered did not matter.

Edited October 5, 2018 by carmel34
*

[TM92 527]

1 hour ago, carmel34 said:

Citizenship certificates or reports of birth abroad are not required...

True. I should have said "qualified for" instead of "issued"

Edited October 5, 2018 by TM92