How could a wife naturalize without her husband?

[Squigy]

My g-g-grandparents and their two children born in Italy were listed as AL until the 1930 census. On it, my GX2 grandmother is listed as NA as is her son who was born in Italy (this is his first census as an adult). Her husband, however, is listed as PA. How is this possible? Is it possible their son naturalized, and his mother did so with him?

[maestra36]

Congress passed the Married Women’s Act (the Cable Act) on September 22, 1922, allowing women to apply for naturalization on their own. Under the new law, a woman whose husband remained an alien had to start the process at the beginning, with a declaration of intention.

Minor children were granted derivative citizenship when their father, or after 1922, when their parent, was naturalized.

[jennabet]

Age of Majority. I've been given conflicting information about derivative citizenship. NARA Mid-Atlantic Region says it was 21. Pennsylvania State Archives at Harrisburg says it's 18. ?????????

[maestra36]

As far as I know, the age was 21 until it changed to 18 as of Jan 13. 1941

[DeFilippis78]

Congress passed the Married Women’s Act (the Cable Act) on September 22, 1922, allowing women to apply for naturalization on their own. Under the new law, a woman whose husband remained an alien had to start the process at the beginning, with a declaration of intention.

Minor children were granted derivative citizenship when their father, or after 1922, when their parent, was naturalized.

So before 1922 women automatically naturalized when their husband did?

[Squigy]

Congress passed the Married Women’s Act (the Cable Act) on September 22, 1922, allowing women to apply for naturalization on their own. Under the new law, a woman whose husband remained an alien had to start the process at the beginning, with a declaration of intention.

Minor children were granted derivative citizenship when their father, or after 1922, when their parent, was naturalized.

Thanks, Peg.

It seems strange to me that Maria would want to be a citizen and Vincenzo wouldn't. She did not like America. She wanted to stay in Italy. I suspect she only came because of rumors regarding Vincenzo and a woman named Lisa.

He did naturalize, eventually, though. Thanks again for clearing this up.

[maestra36]

So before 1922 women automatically naturalized when their husband did?

The answer to this question is yes. Starting in Feb of 1855 until 1922, any woman, whose husband had naturalized, automatically became a citizen. So when my maternal grandmother's father naturalized in 1898, his wife who had only come to this country in Oct of 1896, along with their son, 4, and my grandmother, age 3 (both who arrived in 1896 with the mother) automatically were naturalized. However, on the father's naturalization papers, only his name and information appears. This is nothing on the record to indicate that the wife and children were naturalized as well.

[DeFilippis78]

So before 1922 women automatically naturalized when their husband did?

The answer to this question is yes. Starting in Feb of 1855 until 1922, any woman, whose husband had naturalized, automatically became a citizen. So when my maternal grandmother's father naturalized in 1898, his wife who had only come to this country in Oct of 1896, along with their son, 4, and my grandmother, age 3 (both who arrived in 1896 with the mother) automatically were naturalized. However, on the father's naturalization papers, only his name and information appears. This is nothing on the record to indicate that the wife and children were naturalized as well.

I just wanted to confirm what I was being told by the county regarding my GGF and GGM was true. I have his naturalization papers. And later on sent in a request fro my GGM. They sent me a letter saying she naturalized with her husband although its not on his papers. This was actually October of 1922. So I guess she naturalized under him because the process was started BEFORE 1922

[maestra36]

The law changed as of Sept 22, 1922, so I honestly don't know how flexible things were if the naturalization process had been started but not completed before that date. I can't find any info which addresses that specific issue.

[teddi]

See http://www.archives.gov/publications/pr ... ion-1.html

[maestra36]

Thanks for adding that link but there is nothing in it to answer DeFilippis78's question concerning the completion of the naturalization process by her GGF in Oct of that year, and her GGM therefore automatically being naturalized as well. Since the law changed on Sept 22nd of that year, technically her GGM should then not have been automatically naturalized, but DeFilippis received a letter that she was. So we're searching for a statement concerning exceptions or a statement to the effect that, if the process was already underway, but not yet completed before Sept 22nd, that a spouse could still automatically be naturalized. That is the statement I can't find anywhere, and I don't see in that link.

[maestra36]

I still can't find any documentation, but my only thought is that, if the court's docket was full, and they couldn't schedule the final hearing before Sept 22, 1922, then possibly that is the reason why an Oct date was acceptable, allowing your GGM to automatically naturalize, after Sept 22nd, under her husband's naturalization.

[DeFilippis78]

Yes, she literally naturalized 2 weeks after that law took place. Im guessing the "grandfather" rule applied here and she had to apply under him and the old law because thats how its started. Im just guessing though.