N-400 Help Please!!!

[Jackolantern]

Yes i have been residing with them eversince.. and they are still married.. there is the Koseki shohon.. that shows.. proof of addoption of me. Now.. as far as filing this to show proof.. do i do this on the N-600 form? Or can i go straigh to the us passport aplication. because it would save me alot of time and money.

You can directly apply for the US passport. Do that first since it's faster and cheaper. Then once you have the passport you can use that to petition for the fiancee visa.

But you should still apply for the N-600 someday; without it, you may have to dig up a big stack of adoption/childhood documents all over again to prove your citizenship if your passport is ever lost or stolen. Or even when renewing an expired passport, if it's been expired for a long time.

 

[Rahstyes]

You can directly apply for the US passport. Do that first since it's faster and cheaper. Then once you have the passport you can use that to petition for the fiancee visa.

But you should still apply for the N-600 someday; without it, you may have to dig up a big stack of adoption/childhood documents all over again to prove your citizenship if your passport is ever lost or stolen. Or even when renewing an expired passport, if it's been expired for a long time.

I just hope my koseki shohon will surfice...

 

[Jackolantern]

I just hope my koseki shohon will surfice...

It won't by itself. That's just one of the several pieces of evidence you'll have to provide to successfully claim your US citizenship.

1. Your Japanese birth record ("Koseki")
2. A certified English translation of the Koseki
3. The marriage certificate of your mother and stepdad
4. The divorce decree or legal separation papers of your mother and stepdad, if they got divorced or legally separated (if they're not still married, it's important to show whether they got divorced or separated before or after Feb. 27, 2001).
5. Your high school records from the start of 2001 to 2002
6. The divorce decree from your mother's previous marriage, and a certified English translation if it's not already in English
7. Your green card
8. Your US adoption decree
9. Your stepdad's US birth certificate
10. Form DS-11 (passport application form)

But once you have the N-600, the N-600 by itself replaces the need for all of the above for future passport applications (except #10, of course).

 

[Rahstyes]

It won't by itself. That's just one of the several pieces of evidence you'll have to provide to successfully claim your US citizenship.



But once you have the N-600, the N-600 by itself replaces the need for all of the above for future passport applications (except #10, of course).

I just went to apply for at the usps..

she took my original koseki and my original green card.. Is that bad? She said i need the offical documents..!!

 

[Jackolantern]

I just went to apply for at the usps..

she took my original koseki and my original green card.. Is that bad? She said i need the offical documents..!!

Yes, they take those original documents, and send them back a few weeks later (mailed separately from the passport). I hope you have a copy of your green card.

What other papers did you submit with the application? Your mom & stepdad's marriage certificate? Your school records? Stepdad's US birth certificate?

If you didn't submit enough, your case will be delayed, with the passport office getting back to you to request more.

 

[baikal3]

I just went to apply for at the usps..

she took my original koseki and my original green card

Did you submit the adoption decree?

 

[Rahstyes]

I dont know what a adoption decree is.. but the koseki shohon shows the adoptions...

No i did not give them a copy of school registery or marriage certificate..
The koseki shohon has my adoption info ... the date.. the date my parrents married all that... only other thing i gave was my green card and my ds11 and my dads birth cirtificate.. thats all the clerk said she needed.. I hope thats right..

 

[Jackolantern]

I dont know what a adoption decree is.. but the koseki shohon shows the adoptions...

No i did not give them a copy of school registery or marriage certificate..
The koseki shohon has my adoption info ... the date.. the date my parrents married all that... only other thing i gave was my green card and my ds11 and my dads birth cirtificate.. thats all the clerk said she needed.. I hope thats right..

She's wrong, because she's thinking of the current laws, where adoption by a US citizen parent automatically results in automatic citizenship upon the child's admission as a permanent resident, so it's not necessary to follow up with evidence of custody/marriage etc. after that.

But under the old law (before Feb 2001), that was not the case. The Feb. 2001 law would give you citizenship, but you still have to prove that the necessary conditions were in place (living in the custody of the adoptive parent etc.) were still true sometime between Feb. 27, 2001 and your 18th birthday. So you will have to provide additional evidence to show that you were still living in the US with your adoptive dad at some point in that time frame.

 

[baikal3]

I dont know what a adoption decree is.. but the koseki shohon shows the adoptions...

In most countries the adoption process is dine by civil courts. An adoption decree is a court order approving the adoption.
According to the State Department info, in Japan adoptions are done through a family court system:
http://adoption.state.gov/country_information/country_specific_info.php?country-select=japan

I am pretty sure that koseki will not be sufficient and that they'll request you to provide a copy and a translation of the original adoption decree.

Japan is not a party to the Hague Convention regarding international adoptions, and the officers adjudicating your passport application will need to make sure that your adoption does conform with the requirements of the U.S. nationality law for derivative citizenship. In particular, my understanding is that they'd need to verify that at the time of adoption the other biological parent (in this case your biological father) was either deceased or that all the parental and custodial rights of that biological parent had been terminated. Things like that are usually spelled out in the adoption decree or some other supporting paperwork.

Also, as noted above, for CCA eligibility you'll need to provide proof that you resided with your step-dad in the U.S. at some point betweeb Feb 27, 2001 and your 18th birthday. You'll need to provide school records or some other proof to demonstrate this.

Also (although I am not sure about this), I think you'd need to provide proof that after the adoption you have resided with your step-dad for at least two years, and you may have to provide school records or other proof for a more extended period because of this.

You really should have collected more documentation and should have talked to an immigration lawyer before submitting a passport application.

At the end you may find that completing your pending N-400 process may be easier that completing your current passport application.

As Jackolantern wrote in his earlier posts, regardless of your pending passport application, you should still go ahead and request a Status Information Letter from the SSS and sent it to the IO adjudicating your N-400 together with the N-14 form you have gotten (if you have not received the status information letter by the Oct 6 deadline, request an extension of that deadline. Even with the status information letter your N-400 might still be denied on GMC grounds, but you should not abandon the N-400 process yet, given the complexities of your CCA-based passport application.

In your place I'd also still consult an immigration lawyer now regarding your pending passport application.

 

[Jackolantern]

Japan is not a party to the Hague Convention regarding international adoptions,...

And the Hague Convention did not even exist 24 years ago when the adoption took place.

In your place I'd also still consult an immigration lawyer now regarding your pending passport application.

Definitely. The Department of State will request more evidence for the passport application, and if what you submit is found irrelevant or insufficient, they're not going to keep going back and forth with you forever; sooner or later they'll just toss everything back to you and tell you to return only after you have an approved N-600 or N-400. So consult with an immigration lawyer so your response to the Department of State will be right the first time.

 

[madh4]

She's wrong, because she's thinking of the current laws, where adoption by a US citizen parent automatically results in automatic citizenship upon the child's admission as a permanent resident, so it's not necessary to follow up with evidence of custody/marriage etc. after that.

But under the old law (before Feb 2001), that was not the case. The Feb. 2001 law would give you citizenship, but you still have to prove that the necessary conditions were in place (living in the custody of the adoptive parent etc.) were still true sometime between Feb. 27, 2001 and your 18th birthday. So you will have to provide additional evidence to show that you were still living in the US with your adoptive dad at some point in that time frame.

My own feeling is that the OP will get his passport. They may not be smart enough to notice the dates and laws pertaining to that date. Hope he has applied for Expedited Service . He will know the result in 2 weeks. He can check on line.

 

[baikal3]

My own feeling is that the OP will get his passport. They may not be smart enough to notice the dates and laws pertaining to that date.

No, he won't. They won't issue him a passport with the kind of documentation he provided: they'll definitely request additional supporting evidence (and there is even some chance that they'll just reject the application outright since too much evidence is missing).

First, they'll definitely need to see evidence of him residing in the physical custody of his stepfather at some point between Feb 27, 2001 and the OP's 18th birthday. This is a very basic CCA requirement (quite apart from the adoption issue) and no passport officer, regardless of how incompetent he/she happens to be, will overlook this point.

Second, they'll almost certainly need to see a copy and a translation of the actual adoption decree. Again, this is a pretty basic requirement for all CCA cases involving adoption - whether the adoption is domestic or international.

Finally, hoping that the application will be approved by mistake, due to the adjudicating officer's incompetence, is the worst kind of strategy possible. It can always come back to bite one in the *** later, in a big way.

 

[Jackolantern]

No, he won't. They won't issue him a passport with the kind of documentation he provided: they'll definitely request additional supporting evidence (and there is even some chance that they'll just reject the application outright since too much evidence is missing).

Exactly. This is not like a case where both parents are US citizens, their biological child is still under 18, and both parents show up with the child to apply for the passport. In cases like that sometimes they don't ask for proof of custody and residence (although they've been getting more strict and consistent recently). But this is not a straightforward case like that, with only one parent being a citizen, the applicant is already over 18, and a non-Hague adoption is involved.

 

[Rahstyes]

Well ill let you guys know the update when i get contact from the passport info... I had it expedited so we will see...

Just my own 2 cents.. I swear.. I dont see what the heck the big deal is.. Why they want soo much proof...and records and papers.. Jesus christ.. im not even trying to vote.. nor do i want to do jury duty... I rather have my permanant residant card.. the 1 and ONly reason I need this.. is to bring my significant other here.. or the else the passport is pretty much useless to me.. Im a japanese citizen.. im pretty much free like the usa to travel to other countries without a visa.

 

[baikal3]

Just my own 2 cents.. I swear.. I dont see what the heck the big deal is.. Why they want soo much proof...and records and papers..

They want so much proofs and so many records because that's what the U.S. nationality laws require.

If you think that the laws regarding deriving citizenship through parents are too restrictive and too complicated, that's not something that the USCIS and the State Department have control over. The laws is question are passed by the U.S. Congress and if you'd like them to be changed, you have to take it up with the members of Congress.

 

[Jackolantern]

Just my own 2 cents.. I swear.. I dont see what the heck the big deal is.. Why they want soo much proof...and records and papers..

Most other developed countries have even more burdensome citizenship requirements, especially Japan.

The Child Citizenship Act of 2000 has made it much easier, but it wasn't in effect when you were adopted and brought to the US, so claiming citizenship is going to be more difficult for you than for new adoptees.

I rather have my permanant residant card.. the 1 and ONly reason I need this.. is to bring my significant other here.. or the else the passport is pretty much useless to me.. Im a japanese citizen.. im pretty much free like the usa to travel to other countries without a visa.

I hope you're aware that obtaining US citizenship could cause Japan to revoke your Japanese citizenship.

If you care about keeping your Japanese citizenship, you should investigate the implications under Japanese law. They might treat you differently for derivative citizenship vs. citizenship via N-400, because derivative citizenship is obtained via your parent's actions when you were a minor, whereas with N-400 it's your own actions as an adult. Some countries will revoke your (non-US) citizenship if you obtained US citizenship as an adult via N-400, but will let you keep it if you obtained US citizenship through your parents.

 

[rjackal]

Just my own 2 cents.. I swear.. I dont see what the heck the big deal is.. Why they want soo much proof...and records and papers.. Jesus christ.. im not even trying to vote.. nor do i want to do jury duty... I rather have my permanant residant card.. the 1 and ONly reason I need this.. is to bring my significant other here.. or the else the passport is pretty much useless to me..

You're complaining about being a US citizen and then in the next breath want to use the benefits of US citizenship to bring someone else here?

 

[Rahstyes]

You're complaining about being a US citizen and then in the next breath want to use the benefits of US citizenship to bring someone else here?

Im not complaining about being a us citizen.. Im complaining about the long hard process and how anal it is trying to become one.

 

[rjackal]

It seems like you already are a citizen; only citizens can apply for a passport. You have a complicated case and should see an immigration lawyer, as several other smart and knowledgeable people have suggested. How much do you love this Filipino girl?

 

[Rahstyes]

It seems like you already are a citizen; only citizens can apply for a passport. You have a complicated case and should see an immigration lawyer, as several other smart and knowledgeable people have suggested. How much do you love this Filipino girl?

More than a fat kid loves cake... Anyways.. Im really not trying to pay for a lawyer at this point... If the officer asks me for more evidence then ill just send what he asks.. its not like the lawyer can beat the crap out off the officer.. if he denies me my passport...