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Jack and Maria

N-400 Citizenship birth mom question

By Jack and Maria in US Citizenship General Discussion

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Jack and Maria Apprentice

Jack and Maria   0

Posted
Filed: Lift. Cond. (apr) Country: Guatemala
 Timeline
Posted

Morning,

Need some advice. My wife got her green card in 2014. We have removed conditions. I am working on her N-400 app. Question regarding if her mom became a citizen before my wife was 18. How important is this ? My mother in law is a citizen and she thinks it was about 2000 which is when my wife would have been 18 or within that year. My mother in law is not sure. They were not living together. My mother in law moved to washington state while my wife stayed in home country. Do we have to go to the naturalization archives to find the info ? We are just doing the general 5 yr.

Thanks much for your advice

 

Much appreciated love this forum 

Regards,

Jack

4-11-2014 - Sent I-130 , I-485 , I-131 , I-765

4-14-2014 - tracking number verified USCIS received package and signed by L.CHYBA at 10:57 pacific time or chicago 12:57

4-17-2014 - received text msgs 4 all 4 forms and emails for all 4 forms that they were accepted confirmation.

4-18-2014 - USCIS withdrew funds from my account

4-26-2014 - Received biometrics letter

5-14-2014 - biometrics completed

5-19-2014 - sent info to Senator to expedite work permit EAD

5-22-2014 - I485 changed to testing and interview status

5-29-2014 - EAD work permit went into production

6-3-2014 - EAD shipped with tracking number

6-4-2014 - Messages EAD delivered

6-5-2014 - applied for SSN

6-13-2014 - received SSN

7-9-2014 - received notice mail sent of interview date for 8/14/14

nastra30 Experienced

nastra30   2,359

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted (edited)
26 minutes ago, Jack and Maria said:

Morning,

Need some advice. My wife got her green card in 2014. We have removed conditions. I am working on her N-400 app. Question regarding if her mom became a citizen before my wife was 18. How important is this ? My mother in law is a citizen and she thinks it was about 2000 which is when my wife would have been 18 or within that year. My mother in law is not sure. They were not living together. My mother in law moved to washington state while my wife stayed in home country. Do we have to go to the naturalization archives to find the info ? We are just doing the general 5 yr.

Thanks much for your advice

 

Much appreciated love this forum 

Regards,

Jack

Reading between the lines, if your wife was not inside the US before turning 18 and living with the mom inside the US under the physical and legal custody of her mom, then she could not have automatically acquired citizenship.

 

But to answer the question on the N400 why can't mom just give your the naturalization date on her naturalization certificate and just do simple calculation to determine whether she was below 18 or not. They are asking just to make your wife isn't already a citizen but based on what you've stated I don't think she's a citizen. However, it's also a tragedy mom didn't sponsor her when mom was a LPR.

Good luck.

Edited by nastra30
OldUser Veteran

OldUser   7,427

Posted
Timeline
Posted
44 minutes ago, Jack and Maria said:

Morning,

Need some advice. My wife got her green card in 2014. We have removed conditions. I am working on her N-400 app.

Actually, it's totally her petition. Ideally she's the one who has to work on it, understand all the questions and answers aa she's the one seeking naturalization.

 

If MIL didn't have your wife in full custody when she naturalized, then wife is LPR and has to file N-400.

Jack and Maria Apprentice

Jack and Maria   0

Posted
Filed: Lift. Cond. (apr) Country: Guatemala
 Timeline
  • Author
Posted

Sorry both of you I didn't state it. Not claiming or questioning if my wife is a citizen. She is not never lived with her mom long enough and continued her life in home country of Guatemala. When my wife and I got together her mom had a open case and her llawyer said easiest was just get married so we did. Now I am helping her go through the process of citizenship. Mother in law not sure on date and we don't want to answer wrongly and get her denied. Assuming can really mess things up I guess mother in law digs some emails up or find her naturalization cert or we have to request her moms records.

4-11-2014 - Sent I-130 , I-485 , I-131 , I-765

4-14-2014 - tracking number verified USCIS received package and signed by L.CHYBA at 10:57 pacific time or chicago 12:57

4-17-2014 - received text msgs 4 all 4 forms and emails for all 4 forms that they were accepted confirmation.

4-18-2014 - USCIS withdrew funds from my account

4-26-2014 - Received biometrics letter

5-14-2014 - biometrics completed

5-19-2014 - sent info to Senator to expedite work permit EAD

5-22-2014 - I485 changed to testing and interview status

5-29-2014 - EAD work permit went into production

6-3-2014 - EAD shipped with tracking number

6-4-2014 - Messages EAD delivered

6-5-2014 - applied for SSN

6-13-2014 - received SSN

7-9-2014 - received notice mail sent of interview date for 8/14/14

OldUser Veteran

OldUser   7,427

Posted
Timeline
Posted (edited)
1 hour ago, Jack and Maria said:

Sorry both of you I didn't state it. Not claiming or questioning if my wife is a citizen. She is not never lived with her mom long enough and continued her life in home country of Guatemala. When my wife and I got together her mom had a open case and her llawyer said easiest was just get married so we did. Now I am helping her go through the process of citizenship. Mother in law not sure on date and we don't want to answer wrongly and get her denied. Assuming can really mess things up I guess mother in law digs some emails up or find her naturalization cert or we have to request her moms records.

Oh I see what you mean.

MIL can either find certificate (which is important to know where it is anyways), file for replacement (long and expensive) or file FOIA.

Neither wife nor you can file FOIA for her history without release form from her, as USCIS won't disclose information to third parties.

Edited by OldUser
 
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