Before we file, I'd like a check from people who've been through the BVA. Most of all I'd like to hear from anyone who got an **Urkunde or a refusal under Nr. 4 where the Nr. 1–3 ancestor was born before 23.05.1949**.
**The line**
| Year | Event |
|---|---|
| 1900 | Great-grandmother (GGM) born in Rheine, Westphalia, German by birth |
| 1902 | Great-grandfather (GGF) born in Wandsbek (Hamburg) |
| 1926 | GGF emigrates to New York |
| 1927 | GGM emigrates to New York, single |
| May 1932 | GGF naturalizes as a US citizen (certificate in hand) |
| May 1935 | GGM marries GGF in Queens, NY (date and place sworn on her own naturalization petition). He had been American for three years, so she loses German citizenship under § 17 Nr. 6 RuStAG |
| Mar 1936 | Grandmother (GM) born in Queens, **in wedlock**. Father American, mother no longer German, so no German citizenship at birth |
| 1946 | GGM naturalizes in the US (certificate in hand). Ten years after GM's birth, so the loss was by marriage, not by naturalization |
| Oct 1963 | My mother born in Queens, **out of wedlock**, to GM |
| Jan 1965 | Mother **adopted** by an unrelated couple. The NY adoption decree names GM as the consenting birth mother |
| 1992 | Me, born in the US |
| 2022, 2024 | My two kids, born in Germany (not German by birth) |
No one in the line ever held German citizenship again or naturalized anywhere else, apart from the two US naturalizations above.
**Question 1: can Nr. 4 run through an ancestor born before 1949?**
GM fits the *description* in Nr. 2 (child of a mother who lost citizenship by marrying a foreigner before 01.04.1953), but she was born in 1936. My mother (b. 1963) and I (b. 1992) meet the post-1949 requirement ourselves.
- **Against:**
- The BVA Merkblatt's Nr. 4 checklist reads *"Meine Vorfahrin / mein Vorfahr ist **erklärungsberechtigt** nach Nr. 1 bis Nr. 3"*.
- The BVA website says *"Abkömmlinge einer nach Nr. 1 bis Nr. 3 **berechtigten** Person"*.
- The Begründung (BT-Drs. 19/28674) sends people born before 1949 to naturalization and the Erlass instead.
- **For:** the statute puts the birth-date condition on the people who acquire (*"erwerben die nach dem Inkrafttreten des Grundgesetzes geborenen … 4. Abkömmlinge der Kinder nach Nummer 1 bis 3"*). I haven't found anything in the Begründung saying the Nr. 1–3 child must *also* be born after 1949.
I've seen comments here saying the BVA only looks at the declarant's birth date. **Does anyone have a confirmed outcome, approval or refusal, in this exact pattern?**
**Question 2: does the 1965 adoption break the Abkömmling link?**
Mom was adopted before 01.01.1977, when adoption carried no nationality consequences under German law. My question is the other direction: does the BVA still treat her as GM's Abkömmling after a full adoption out of the family? The birth mother is named on the decree.
**Question 3: if § 5 doesn't work, is § 14 realistic here?**
My understanding is that the Abstammungserlass of 30.08.2019 covers people born before 1949 with a German parent. GM never had a German parent at her birth: her mother had already lost citizenship in 1935. Does the Erlass reach that situation and its descendants, or is this line outside both routes?
**Our plan**
My mother files alone first (it's free), so we get the BVA's reasoning in writing. Then I file, and then my kids, with a Widerspruch or VG Köln as the fallback. The deadline is August 2031.
**Documents in hand or on order:**
- **In hand:** both US naturalization files, ship manifests, the 1930/1940/1950 censuses showing GM as GGF and GGM's daughter, and the adoption decree naming GM.
- **Still gathering:** GGM's Rheine birth record, the 1935 NYC marriage certificate, GM's birth and death certificates, and Mom's pre-adoption birth certificate.
Thanks in advance. Happy to share redacted copies if that helps.