MN1 3(1) application - process questions

[lford]

Hello,
I am a British citizen other than by descent. My husband is American. We live in the US.
My son was adopted from Russia (not recognized by UK for adoptions) as an infant. Subsequently went to court to re-adopt him under US law (recognized by UK).
I am now applying for registration for him under 3(1) - he is 13. I understand it is discretionary and he will be a citizen by descent if registration is granted. Nothing in his record should prevent approval.

I do NOT find the MN1 guide to be very helpful so I have a couple of mechanical questions:

1. Is it OK to send just his birth certificates (they will need both Russian and US I think) and not his US passport? We are traveling over Christmas and he will need his passport.
2. What do I do about getting the documents back? Can I send a Fedex waybill and envelope prepaid and addressed to me? Second class Royal Mail is not going to work to get it all back to the US.
3. What is the status on getting biometrics done? Will it just be at a USCIS application support center? They link to a premium service in the guide, but there is no way to book it without making an online visa application, and the MN1 isn't online. Very confusing.

Many thanks for any help you may offer.
Lucy

[noajthan]

Hello,
I am a British citizen other than by descent. My husband is American. We live in the US.
My son was adopted from Russia (not recognized by UK for adoptions) as an infant. Subsequently went to court to re-adopt him under US law (recognized by UK).
I am now applying for registration for him under 3(1) - he is 13. I understand it is discretionary and he will be a citizen by descent if registration is granted. Nothing in his record should prevent approval.

I do NOT find the MN1 guide to be very helpful so I have a couple of mechanical questions:
...

Many thanks for any help you may offer.
Lucy

You can dig deeper into this matter in HO guidance here:
https://www.gov.uk/government/uploads/s ... 150402.pdf
- see section 9.8

Are you sure a section 1(5) entitlement does not apply?
Only then would a section 3(1) registration come into play.

[lford]

I have read and reread all these documents, and am certain that he is not eligible under 1(5), despite the US re-adoption. I have not been resident in the UK since 1989. And his adoption was not in the UK or its territories. One or the other would have to be true for 1(5) to apply. I would love to be proven wrong, but I am pretty sure I am not

[lford]

One thing I have figured out is that I can buy and print UK postage, so getting my documents back will be fine.