Jump to content

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Mexico
Timeline
Posted

My friend went to mexico with her boyfriend while she was pregnant, and then after the baby was about 2 months old, she came back into the US with her baby. It makes no sense to me why she had the baby in Mexico but she did and now shes wanting her baby to have citizenship here in the U.S.

I am helping her with getting her boyfriend back to the US legally through the K1 process cause thats what I have recently just done with my husband (fiance at that time). But I have no idea on what to do about her baby getting citizenship. Someone told her she has up to a year to get her baby citizenship.

Please let me know what to tell her and what she needs to do to get her baby citizenship.

Thanks!! =)

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

typically a Report of Birth abroad needs to be filed with a foreign consulate... IDK if the process will be different now that the child is already here

Edited by payxibka

YMMV

Posted
My friend went to mexico with her boyfriend while she was pregnant, and then after the baby was about 2 months old, she came back into the US with her baby. It makes no sense to me why she had the baby in Mexico but she did and now shes wanting her baby to have citizenship here in the U.S.

I am helping her with getting her boyfriend back to the US legally through the K1 process cause thats what I have recently just done with my husband (fiance at that time). But I have no idea on what to do about her baby getting citizenship. Someone told her she has up to a year to get her baby citizenship.

Please let me know what to tell her and what she needs to do to get her baby citizenship.

Thanks!! =)

I would also say, just get a Consular's Report of Birth from Abroad.. that is, if one of the parent is a USC. I don't think there would be any necessity for any kind of petition at all. I had my son abroad and that was just what we did - got a Consular's report of birth abroad from the US Embassy and also applied for his US passport so we're good to go to US after I got my visa.

IDK though how it would work.. but they might need to go back to Mexico to obtain the CRBA, or they can try calling or send an e-mail if there is a need for physical presence. Here's a link for the US Embassy in Mexico. I hope it helps: http://mexico.usembassy.gov/eng/eacs_birth_abroad.html

Goodluck.

Posted
My friend went to mexico with her boyfriend while she was pregnant, and then after the baby was about 2 months old, she came back into the US with her baby.

Please let me know what to tell her and what she needs to do to get her baby citizenship.

Assuming your friend wasn't married when the baby was born, and assuming the mother was a US citizen who at some time in her life before the birth of the child spent at least one year in the US, the baby is a US Citizen and has always been a US Citizen since the day the baby was born.

See the last paragraph in this link.

http://www.travel.state.gov/law/info/info_609.html

So the question isn't how to get citizenship for the baby, because the baby has had citizenship since birth. The question is just how to get a paper proving the baby's citizenship. That makes things easier -- they can't turn the baby down for any reason, as long as your friend can prove that the circumstances of the birth meet the requirements listed above. There's no time limit, though it's probably easier to do it sooner rather than later, while documents are still easily available.

Your friend has at least three choices. A consular report of birth abroad would work, but you file for that at the consulate abroad serving the area where the baby was born. If the mother and baby are both in the US now, and if they want to file while remaining inside the US, the choices are to file an N-600 request for certificate of citizenship (filed with the USCIS), or to apply for a US passport for the baby (requested from the State Department). Since a passport also allows the baby to travel, there may be some requirements to get the father's permission, though since the baby was born out of wedlock, they may be waived -- I don't know much about this area. An N-600 certificate of citizenship does not allow travel, and is considerably more expensive than a passport.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...