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I-130 for DCF

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Old May 16th 2002, 6:20 pm
  #1  
Adriatik
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Default I-130 for DCF

We are doing DCF this summer. I have a question about I-130:

In: B. Information about you, #13 requires information about the US citizen.

My wife (the US citizen)was born in Africa from American parents.

#13 states:
My citizenship was acquired through (check one):
1. Birth in the U.S
2. Naturalization. Give certificate number and date and place of issuance.
3. Parents. Have you obtained a certificate of citizenship in your own name?

I think we should check #3, but she doesn't have a "certificate of citizenship".
Instead she has "Certification of birth" (Form FS-545) issued by the US Consul in
that country. Is it the same thing? Should we respond YES to that question?

Also in the instructions they list "Form FS-240, Report of Birth Abroad of a US
Citizen" as one of document that can prove US citizenship. Again it seems like a
slightly different form from what she has.

Please help!
 
Old May 16th 2002, 11:20 pm
  #2  
Falx Cerebri
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Default Re: I-130 for DCF

It seems to me that Naturalization would be her answer. But I am not positive. You
could call the INS hotline and get an answer to that question. We called them many
times and had helpful information.

Adriatik <[email protected]> wrote in message
news:[email protected]...
    > We are doing DCF this summer. I have a question about I-130:
    >
    > In: B. Information about you, #13 requires information about the US citizen.
    >
    > My wife (the US citizen)was born in Africa from American parents.
    >
    > #13 states:
    > My citizenship was acquired through (check one):
    > 1. Birth in the U.S
    > 2. Naturalization. Give certificate number and date and place of issuance.
    > 3. Parents. Have you obtained a certificate of citizenship in your own name?
    >
    > I think we should check #3, but she doesn't have a "certificate of citizenship".
    > Instead she has "Certification of birth" (Form FS-545) issued by the US Consul in
    > that country. Is it the same thing? Should we respond YES to that question?
    >
    > Also in the instructions they list "Form FS-240, Report of Birth Abroad of a US
    > Citizen" as one of document that can prove US citizenship. Again it seems like a
    > slightly different form from what she has.
    >
    > Please help!
 
Old May 17th 2002, 12:42 am
  #3  
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Posts: 717
Ameriscot is an unknown quantity at this point
Default Re: I-130 for DCF

Citizenship was acquired through parents - you can give the number on the FS-240 (Consular report of birth abroad), making sure that it's clear that it's clear this number comes from a FS-240 and not as a result of derivative naturalisation.
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Old May 17th 2002, 12:20 pm
  #4  
Michael Voight
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Default Re: I-130 for DCF

Falx Cerebri wrote:
    >
    > It seems to me that Naturalization would be her answer.

That would be the wrong answer, she was a citizen at birth, Naturalization is a
formal process to go through, and then you would get a certificate stating this.

If the OP doesn't have one of the documents listed, they could

1. Follow item F in the intructions which points to "What if a document is not
available"

2. Obtain a US passport, which would them match item D.

3. Contact INS to see if the document they do have is acceptable.
 
Old May 18th 2002, 3:20 am
  #5  
Adriatik
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Default Re: I-130 for DCF

Thanks for your answers.

I am still confused. What is a "certificate of citizenship"? Is that some common
document for USC who are born from American parents outside US? She doesn't have
this document.

I understand that her US valid passport would be enough for I-130. Is that right?

    > We are doing DCF this summer. I have a question about I-130:
    >
    > In: B. Information about you, #13 requires information about the US citizen.
    >
    > My wife (the US citizen)was born in Africa from American parents.
    >
    > #13 states:
    > My citizenship was acquired through (check one):
    > 1. Birth in the U.S
    > 2. Naturalization. Give certificate number and date and place of issuance.
    > 3. Parents. Have you obtained a certificate of citizenship in your own name?
    >
    > I think we should check #3, but she doesn't have a "certificate of citizenship".
    > Instead she has "Certification of birth" (Form FS-545) issued by the US Consul in
    > that country. Is it the same thing? Should we respond YES to that question?
    >
    > Also in the instructions they list "Form FS-240, Report of Birth Abroad of a US
    > Citizen" as one of document that can prove US citizenship. Again it seems like a
    > slightly different form from what she has.
    >
    > Please help!
 
Old May 18th 2002, 6:20 am
  #6  
Mrtravel
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Default Re: I-130 for DCF

Adriatik wrote:
    >
    > Thanks for your answers.
    >
    > I am still confused. What is a "certificate of citizenship"? Is that some common
    > document for USC who are born from American parents outside US? She doesn't have
    > this document.

I don't know that one. You might be able to find more info at http://state.gov

    >
    > I understand that her US valid passport would be enough for I-130. Is that right?

Yes, since all they are looking for is proof of citizenship.
 
Old May 18th 2002, 11:46 am
  #7  
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Joined: Mar 2001
Posts: 717
Ameriscot is an unknown quantity at this point
Default Re: I-130 for DCF

The normal document establishing US citizenship for an American citizen who is born abroad is the "Consular Report of Birth Abroad" - form FS-240. This is both a birth report and a birth certificate.

Since you can only *report* the birth one time, you only ever have the original and not copies. If you need additional certified copies of this, you get the *certificate* of birth abroad - form FS-545 (issued by a US consulate), or form DS-1350 (issued by the passport office in the US).

I *think* this is how it works - in any case, the FS-545 does indeed prove that your wife is a US citizen and so can use this document in support of the I-130 petition.
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