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Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

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Old Jul 8th 2013, 7:02 pm
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Default Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Question 13 on the I-130

"If you are a US citizen, complete the following:
my citizenship was acquired through
-birth in the US
-naturalization
-parents

if parents, have you obtained a certificate of citizinship in your own name?
if yes, give certificate number, date, and place of issuance."

Because my SO is a dual citizen, the only form he has is a Certification of Birth Abroad of a Citizen of the United States of America.

This has date and place issuance, but no clear certificate number. It seems a Certificate of Citizenship is different to Certification of Birth Abroad. So should he tick yes or no?
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Old Jul 8th 2013, 7:13 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by mindy23
This has date and place issuance, but no clear certificate number. It seems a Certificate of Citizenship is different to Certification of Birth Abroad.
Correct, they are different.

So should he tick yes or no?
If he does not have a Certificate of Citizenship, the answer is "no".

Rene
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Old Jul 8th 2013, 7:16 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by Noorah101
Correct, they are different.


If he does not have a Certificate of Citizenship, the answer is "no".

Rene
Thanks once again

It seems strange as he is a full citizen, will it delay the process or is this a common thing for a dual citizen to have? we can always attach a photocopy of the certificate he does have.
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Old Jul 8th 2013, 7:19 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by mindy23
It seems strange as he is a full citizen,
Since there's no such thing as a "partial citizen", he either IS or IS NOT a US citizen. He IS.

will it delay the process or is this a common thing for a dual citizen to have?
It won't delay anything.

we can always attach a photocopy of the certificate he does have.
If the I-130 asks for a copy, go ahead and include it in the package.

Rene
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Old Jul 8th 2013, 7:34 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by mindy23
Thanks once again

It seems strange as he is a full citizen, will it delay the process or is this a common thing for a dual citizen to have? we can always attach a photocopy of the certificate he does have.

Why is it strange? I have the same birth certificate having been born in Germany. I had no issue with USCIS using my Certificate of Birth Abroad and no issue with registering to vote. It is no different than having a birth certificate issued by a US hospital.

He does know that in the future if he needs another certified copy of the certificate he needs to apply at the State Department, right?
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Old Jul 8th 2013, 9:05 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by mindy23
Thanks once again

It seems strange as he is a full citizen, will it delay the process or is this a common thing for a dual citizen to have? we can always attach a photocopy of the certificate he does have.
Not strange. There are essentially two main ways to receive citizenship through the parents:

1) Jus sanguinis - being born to USC parents (like your SO it seems)
2) Naturalization of parents while a minor

In the second case the parents naturalize and the minor automatically acquires citizenship (not sure if it is technically called naturalizing from the point of view of the minor) the parents get certificates of naturalization and it is common for the minor to apply for a certificate of citizenship otherwise they have no other proof of citizenship.
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Old Jul 8th 2013, 10:14 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by mindy23
It seems strange as he is a full citizen...
I'm not sure why you think it's strange. The question isn't a prelude to you providing more information... it's just a simple question that asks about how he acquired US citizenship. If he doesn't have the specific documentation that's asked for - it's perfectly okay! He's not being asked to provide something he doesn't have.


... we can always attach a photocopy of the certificate he does have.
Why would you? He isn't being asked to show what documentation he has. Again, if he doesn't have the specific documentation that's asked for - it's perfectly okay.

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Old Jul 8th 2013, 10:41 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by ian-mstm
I'm not sure why you think it's strange. The question isn't a prelude to you providing more information... it's just a simple question that asks about how he acquired US citizenship. If he doesn't have the specific documentation that's asked for - it's perfectly okay! He's not being asked to provide something he doesn't have.



Why would you? He isn't being asked to show what documentation he has. Again, if he doesn't have the specific documentation that's asked for - it's perfectly okay.

Ian
He will have to supply proof of US citizenship and the certificate of birth abroad is listed on the instructions for form I-130 as being sufficient.
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Old Jul 8th 2013, 10:43 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by sir_eccles
He will have to supply proof of US citizenship and the certificate of birth abroad is listed on the instructions for form I-130 as being sufficient.
He can also use a photocopy of his US Passport.

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Old Jul 8th 2013, 10:51 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by Noorah101
He can also use a photocopy of his US Passport.

Rene
Strictly speaking nobody has asked the OP if he has one. Which in hindsight seems silly because he is going to need one. As a dual citizen born abroad it is quite possible he doesn't have or has ever needed a US passport. If he doesn't he will need a further certified copy of his certificate for that.
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Old Jul 8th 2013, 11:02 pm
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Default Re: Regarding I-130 & the Certificate of Citizenship vs Certification of Birth Abroad

Originally Posted by sir_eccles
Strictly speaking nobody has asked the OP if he has one. Which in hindsight seems silly because he is going to need one. As a dual citizen born abroad it is quite possible he doesn't have or has ever needed a US passport. If he doesn't he will need a further certified copy of his certificate for that.
I misunderstood your post, sorry. Yes, the cert of birth abroad is sufficient for the I-130.

As you say, though, he will need a US Passport to enter the USA!

Rene
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