Mother refusing to give certificate of naturalization, passport and other documents

Dina147

New Member
Hello,
I am in a situation where my fiance's mother is refusing to give him documents that belong to him. She adopted him in 2007 when he was 9 years old. He is 23 now. He is a naturalized citizen. Him and I are supposed to get married in a month and she just sent him an email saying that he should obtain those documents from other sources and not her. Yes, those documents are not required for us to get married, but he had asked her for them in order for me to apply for a green card after marriage. He doesn't have any documents except his SSN and a driving license. I am not sure if we need a lawyer, tell the police or apply for a replacement. The N-565 form doesn't seem to have an option suitable for our situation either.
Please help. Thank you.
 

Jbuff

Active Member
He doesn't have any of those.
Short answer. File a police report . Then He needs to get a lawyer take his mom to court "Assuming it's his passport!/ Naturalization certificate she's refusing to give him.

FYI. The email with her stating she refuses to give him said documents. Should be all the proof he needs. Just incase she tries to say she doesn't have said documents if the law get involved!!
 
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Dina147

New Member
Short answer. File a police report . Then He needs to get a lawyer take his mom to court "Assuming it's his passport!/ Naturalization certificate she's refusing to give him.

FYI. The email with her stating she refuses to give him said documents. Should be all the proof he needs. Just incase she tries to say she doesn't have said documents if the law get involved!!
Would you know what lawyer he needs? Family lawyer?
 

Jbuff

Active Member
Would you know what lawyer he needs? Family lawyer?
File a Complaint. In a matter of 2 weeks or so you will get a bunch of Mailers with lawyers offering their services. Lawyers collect court and police records looking for perspective clients.

When his mom gets notified of the complaint, maybe it makes her reconsider and hand over the documents.

If not proceed with a lawyer. This would be considered a domestic problem. So yes a Family lawyer.

Side note. If your Fiance is well spoken and can Explain himself the right way. With the Email and filed police report. It should be straight forward. Especially with family court as you will probably meet with a court officer. To see if you the 2 parties can reach an amicable outcome. Before the Judge makes a ruling. In this case, that would be your Fiance getting his documents from his mom.
 

1AurCitizen

Registered Users (C)
Is your USC fiance not on talking/good terms with his mother? Sounds like something is off, considering she adopted him.
 

newacct

Well-Known Member
Are you sure that he even has a certificate? Certificate of Naturalization is only if he applied for naturalization as an adult by filing N-400 himself and going through the process. If he became a citizen automatically by being a permanent resident under 18 living in the US with a US citizen parent, then he might not have a certificate. The citizenship was automatic, and he could have chosen to apply for a certificate afterwards, but he didn't have to (and many people don't).

Are you sure he has ever gotten a US passport? If he has, it's possible to request a file search for his past passport records for applying for a new passport, instead of submitting evidence of US citizenship again.
 

Dina147

New Member
File a Complaint. In a matter of 2 weeks or so you will get a bunch of Mailers with lawyers offering their services. Lawyers collect court and police records looking for perspective clients.

When his mom gets notified of the complaint, maybe it makes her reconsider and hand over the documents.

If not proceed with a lawyer. This would be considered a domestic problem. So yes a Family lawyer.

Side note. If your Fiance is well spoken and can Explain himself the right way. With the Email and filed police report. It should be straight forward. Especially with family court as you will probably meet with a court officer. To see if you the 2 parties can reach an amicable outcome. Before the Judge makes a ruling. In this case, that would be your Fiance getting his documents from his mom.
Thank you. This is very helpful.
 

Dina147

New Member
Is your USC fiance not on talking/good terms with his mother? Sounds like something is off, considering she adopted him.
The thing here is that he moved out and is independent now. She has an anxious attachment to him or so. He is always nice to her, comes to help around the house and whatever else she needs. When I see her also she is nice to me and there is nothing hostile whatsoever.
 

Dina147

New Member
He said he has a passport, so I assume he has seen it. Regarding the naturalization certificate, I am not sure. What would be the document he has if like you said he got the citizenship automatically? @newacct I couldn't reply to you for some reason. I'm new to this forum.
 

newacct

Well-Known Member
He said he has a passport, so I assume he has seen it.
Then I think he can apply for a new US passport with a file search; it may be the simplest and fastest solution. A US passport is sufficient to petition you to immigrate.

Regarding the naturalization certificate, I am not sure. What would be the document he has if like you said he got the citizenship automatically?
Like I said, in that case that he automatically got citizenship under 18, he didn't need to get a certificate and he could have just gotten a US passport without ever getting a certificate. Or, he could have filed N-600 to apply for a "Certificate of Citizenship". If he got a Certificate of Citizenship, he can get a replacement by filing N-565.
 

1AurCitizen

Registered Users (C)
The thing here is that he moved out and is independent now. She has an anxious attachment to him or so. He is always nice to her, comes to help around the house and whatever else she needs. When I see her also she is nice to me and there is nothing hostile whatsoever.

If he had a passport, assuming it expired, he should be able to obtain a new one.
Are you currently in the US on some sort of visa?
 

Dina147

New Member
Then I think he can apply for a new US passport with a file search; it may be the simplest and fastest solution. A US passport is sufficient to petition you to immigrate.


Like I said, in that case that he automatically got citizenship under 18, he didn't need to get a certificate and he could have just gotten a US passport without ever getting a certificate. Or, he could have filed N-600 to apply for a "Certificate of Citizenship". If he got a Certificate of Citizenship, he can get a replacement by filing N-565.
Yes, I see your point. Thank you.
 
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