Citizenship for kids

[jess1 0]

Hello all

My husband is Us citizen. i am permanent resident and i haven't started the citizenship process yet. We probably would move back to our country of origin before applying for my citizenship. Actually my husband was born in USA but was raised overseas and then he came USA for couple of years in late nighties. Now he has been living US from last 8 years or so. My question is if we move back to our country without getting my citizenship, would our kids have US citizenship if they are born overseas. How would we pursue our kid's citizenship if they are born overseas.

Thank you for nay help in advance

[Boiler 45,941]

There is a residence rule, depends on the exact times, before I think 21.

I he can pass on then you would register them at your local consulate.

[Chris Parker 11]

My husband is Us citizen. i am permanent resident and i haven't started the citizenship process yet. We probably would move back to our country of origin before applying for my citizenship. Actually my husband was born in USA but was raised overseas and then he came USA for couple of years in late nighties. Now he has been living US from last 8 years or so. My question is if we move back to our country without getting my citizenship, would our kids have US citizenship if they are born overseas. How would we pursue our kid's citizenship if they are born overseas.

Your kids will still be born as U.S. citizens even if born abroad, so long as you are still married to your husband and he has been living in the U.S. for the 8 years (and these were after he was age 16). Their birth abroad should be reported to a U.S. consulate before they reach age 18 to avoid complications (there is an application which looks at their birth certificates, your marriage certificate, dates of U.S. residence of your husband, etc.).

However, you might want to reconsider moving back to your country of origin before naturalizing if you have a choice. You will lose your permanent resident status if you do that, and if so, you will need a new immigrant visa if you want to move back to U.S.A. one day. However, if you naturalize before moving back, you can't lose that new status by merely moving abroad. So long as you don't formally renounce it to a U.S. consular officer (and a few other rare exceptions, like if a U.S. citizen becomes a policymaking official of a foreign country, etc.), you will remain a U.S. citizen the rest of your life.

Edited March 5, 2008 by Chris Parker

[Boiler 45,941]

Looked it up:

Under current law the parent must have lived in the United States for five years, two of which occurred after age 14.

[jess1 0]

Thank you so much for the quick replies. I have another q if i apply for the citizenship and after when i am done with biometric appointment can i leave the USA for 4-5 months? Will this have any effect on the duration required for citizenship. Also how long does it take to get citizenship? my service center is Nebraska. I have also read some wher ethat i can apply for citizenship 90 day before the due date/month.

Once again thank you so much!

[Chris Parker 11]

Thank you so much for the quick replies. I have another q if i apply for the citizenship and after when i am done with biometric appointment can i leave the USA for 4-5 months? Will this have any effect on the duration required for citizenship. Also how long does it take to get citizenship? my service center is Nebraska. I have also read some wher ethat i can apply for citizenship 90 day before the due date/month.

Once again thank you so much!

You can apply for naturalization up to 90 days before you meet the residency requirement (generally 5 years from the date you acquired permanent resident status, but only 3 years if married to and living with a U.S. citizen continuously over those 3 years prior to the filing of the application).

You will have at least 3 appointments in the natualization process: Biometrics, Interview, Oath. Interview involves, besides document review, the English language and U.S. civics test. Additionally, after oath, if you are going to leave the U.S., you need to get a U.S. passport first.

I believe you can leave the U.S. for temporary visits abroad after filing for naturalization, but you must maintain your permanent residence at all times in the U.S. so as to preserve status and return for all the appointments. Time to complete the process varies by local USCIS office; the Service Center only provides preliminary processing of the application.

[jess1 0]

Thanks chris for your reply. ok so i can leave USA for temporary visits after applying for naturalization. How long these temporary visits can be? i read somewhere that in order to maintain PR one should not be away for more than 6 months. Is it possible that after applying for naturalization i leave USA for like 5 months and then come back and stay for a month or so n then again leave for another 4-5 months. But during all this i also keep an address of mine. Will i be able to preserve my PR. My husband will be away from USA , he is USC by the way, so i just want to be with him. plus i dont wanna lose my chances of getting citizenship. Hope it makes sense.

I would really appreciate any kinda help.

[Chris Parker 11]

Thanks chris for your reply. ok so i can leave USA for temporary visits after applying for naturalization. How long these temporary visits can be? i read somewhere that in order to maintain PR one should not be away for more than 6 months. Is it possible that after applying for naturalization i leave USA for like 5 months and then come back and stay for a month or so n then again leave for another 4-5 months. But during all this i also keep an address of mine. Will i be able to preserve my PR. My husband will be away from USA , he is USC by the way, so i just want to be with him. plus i dont wanna lose my chances of getting citizenship. Hope it makes sense.

I would really appreciate any kinda help.

You should read the USCIS's A Guide to Naturalization to answer some of your questions.

It is possible to stay outside the U.S. up to 1 year and still maintain continuous residence in the U.S. for naturalization purposes. However, be aware that merely maintaining an address in the U.S. is not enough to prove you maintained your permanent residence in the U.S.---proof includes continuing to file U.S. tax returns, keeping your driver's license, and anything else you can think of to show that you always intended to return home to the U.S. and actually did. Travel back to temporarily visit your U.S. permanent residence won't work more than once or twice before they charge you with having abandoned your U.S. residence and no longer entitled to returning resident status. As a permanent resident, you are only allowed to make temporary visits abroad while maintaining your status, not the other way around. To get naturalization in 3 years, you need to be actually living with your U.S. citizen spouse in marital union, so if he is residing abroad and you are not (because you cannot do so and still maintain your U.S. permanent residence, except in some special circumstances), you won't be able to apply for naturalization on that basis.

While the naturalizations requirements relate to conditions that must be met at the time of filing the application for naturalization, it is service policy that you must maintain your eligibility up until the day of the naturalization oath ceremony (yes, they actually ask you to self re-certify yourself again when checking-in for the ceremony).

I hope this helps answer your questions.

Edited March 16, 2008 by Chris Parker