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Filed: K-1 Visa Country: Laos
Timeline
Posted

Hi

This is kind of a 2 part question.

As I understand, the baby is a citizen of whatever country that the baby was born in even if the father is an American citizen, correct? There's no way to get around this at the embassy level to change the citizenship of the baby to American. Am I right?

Secondly, for those that have filed for their fiancee with dependants be that the child is theirs or someone else's, is there anything special that must be done? Would the child just simply be added to the i-129? I'm sure birth certificate will need to be provided but anything else?

Thanks

11-24-08 sent i-129 (VSC)

12-05-08 check cashed

12-08-08 received NOA 1

03-23-09 i-129f approved per online status - no email notice

03-31-09 recieved NOA 2

04-01-09 NVC IN

04-02-09 NVC OUT

04-10-09 to 05-01-09 2nd visit to Laos

04-23-09 Arrives at USEM

05-04-09 fiancee picks up packet at USEM

05-12, 6-12 and 7-13 Medical

09-30-09 Interview - Passed but they wanted copy of my passport of the 2nd visit

10-08-09 Visa issued

10-18-09 POE - Newark, NJ

10-26-09 Applied for marriage license

10-31-09 Recd license

11-13-09 Wedding

11-16-09 Applied for SSN

11-21-09 Recd SSN

12-05-09 Sent AOS

Posted (edited)

If it is the child of an American, you can claim a birth abroad.

http://laos.usembassy.gov/birth_abroad.html

I *think* that the baby can have dual citizenship, but as the US doesn't really like dual citizenship so your child might have to choose at some point.

Congrats on the baby!! :)

Edited by Nik+Heather

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Posted
If it is the child of an American, you can claim a birth abroad.

http://laos.usembassy.gov/birth_abroad.html

I *think* that the baby can have dual citizenship, but as the US doesn't really like dual citizenship so your child might have to choose at some point.

Congrats on the baby!! :)

Not exactly accurate. It amounts to a don't ask/don't tell policy on both sides of the equation. This applies to many countries, FYI.

In all fairness, a child should be able to select an available nationality or hold both. The rules do not specifically preclude it, unless you provide TMI. Not illegal at all.

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

By US law, American citizens are allowed to hold more than one nationality! BEFORE, it was more of a don't ask/don't tell kinda thing. But now it is totally okay. However, while the US has no problem with it, the other country that your child has nationality of, might!

I hold both a US and an Italian passport and both of these countries have no problem with dual citizenship. However, when I am in the US I CANNOT go the Italian embassy for help (because I entered the country as an American citizen) and if I go to Italy I CANNOT go to the American embassy for help. For example, if I was to get arrested in Italy, I couldn't appeal to the American government to help me out! This is one of the "drawbacks" of dual citizenship! ;) But as I don't plan on getting into any trouble, it's not a problem :)

As the other people said, if your child has ONE American parent, they were born American too...but you have to get the American consulate to recognize this. I'm not example sure how you do that, but if I understand correctly, it's not too difficult. Take a look at the American consulate website for Laos (I assume this is the country in question?) and it should say there. It's most likely a matter of the birth certificate with the American citizens name listed as a parent and the Americans passport or something like that!

Good luck!

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

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

This is kind of a 2 part question.

As I understand, the baby is a citizen of whatever country that the baby was born in even if the father is an American citizen, correct? There's no way to get around this at the embassy level to change the citizenship of the baby to American. Am I right?

Secondly, for those that have filed for their fiancee with dependants be that the child is theirs or someone else's, is there anything special that must be done? Would the child just simply be added to the i-129? I'm sure birth certificate will need to be provided but anything else?

Thanks

A child is not automatically a USC... it depends on several factors. If the child has a claim to US citizenship then this issue needs to be resolved first... a US consulate will NOT issue a visa to a US citizen. This information comes out when you supply the parentage information for the child... so it is not so much about TMI... as it will be difficult to hide this information.. besides... a lot cheaper in the long run just to deal with this now and get a determination.

The USA does NOT have a problem with dual citizenship.....

Edited by payxibka

YMMV

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hi

This is kind of a 2 part question.

As I understand, the baby is a citizen of whatever country that the baby was born in even if the father is an American citizen, correct? There's no way to get around this at the embassy level to change the citizenship of the baby to American. Am I right?

Secondly, for those that have filed for their fiancee with dependants be that the child is theirs or someone else's, is there anything special that must be done? Would the child just simply be added to the i-129? I'm sure birth certificate will need to be provided but anything else?

Thanks

A child is not automatically a USC... it depends on several factors. If the child has a claim to US citizenship then this issue needs to be resolved first... a US consulate will NOT issue a visa to a US citizen. This information comes out when you supply the parentage information for the child... so it is not so much about TMI... as it will be difficult to hide this information.. besides... a lot cheaper in the long run just to deal with this now and get a determination.

The USA does NOT have a problem with dual citizenship.....

:thumbs:

Sort out the citizenship of the child first. If the child is a US citizen, you do not need a visa. US has no problems with dual citizenship and currently Russia allows it also. Sometimes other countries do not allow it.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Country: Mexico
Timeline
Posted
Hi

This is kind of a 2 part question.

As I understand, the baby is a citizen of whatever country that the baby was born in even if the father is an American citizen, correct? There's no way to get around this at the embassy level to change the citizenship of the baby to American. Am I right?

Secondly, for those that have filed for their fiancee with dependants be that the child is theirs or someone else's, is there anything special that must be done? Would the child just simply be added to the i-129? I'm sure birth certificate will need to be provided but anything else?

Thanks

Filed: Country: Mexico
Timeline
Posted
Hi

This is kind of a 2 part question.

As I understand, the baby is a citizen of whatever country that the baby was born in even if the father is an American citizen, correct? There's no way to get around this at the embassy level to change the citizenship of the baby to American. Am I right?

Secondly, for those that have filed for their fiancee with dependants be that the child is theirs or someone else's, is there anything special that must be done? Would the child just simply be added to the i-129? I'm sure birth certificate will need to be provided but anything else?

Thanks

My fiance gave birth to our son in October after I filled for the I-129F in August. After our son was born I made an appointment at the US Consulate in Monterrey to report the birth abroad and to obtain his US Citizenship. I collected all the information that was requested from the web site of the Consulate and brought everything to the interview. Much of this information was already collected for the I-129F. We left the interview with a paper stating his birth abroad as a US Citizen and recieved his passport a few weeks later. Reporting the birth abroad will save money when it is time to adjust status so I recommend doing this.

Brykit

Filed: K-1 Visa Country: Laos
Timeline
Posted

Okay thanks everyone. The baby isn't mine actually and my fiancee isn't expecting. I haven't even seen her naked yet. (hopefully as soon as this Sunday) I was asking for someone else.

But let's say that they get the citizenship issue taken care of for the baby, bring the baby along is just simply adding the baby's name as a dependent on the i-129?

11-24-08 sent i-129 (VSC)

12-05-08 check cashed

12-08-08 received NOA 1

03-23-09 i-129f approved per online status - no email notice

03-31-09 recieved NOA 2

04-01-09 NVC IN

04-02-09 NVC OUT

04-10-09 to 05-01-09 2nd visit to Laos

04-23-09 Arrives at USEM

05-04-09 fiancee picks up packet at USEM

05-12, 6-12 and 7-13 Medical

09-30-09 Interview - Passed but they wanted copy of my passport of the 2nd visit

10-08-09 Visa issued

10-18-09 POE - Newark, NJ

10-26-09 Applied for marriage license

10-31-09 Recd license

11-13-09 Wedding

11-16-09 Applied for SSN

11-21-09 Recd SSN

12-05-09 Sent AOS

Filed: AOS (apr) Country: Philippines
Timeline
Posted
But let's say that they get the citizenship issue taken care of for the baby, bring the baby along is just simply adding the baby's name as a dependent on the i-129?

dependent on the I-129? where does it ask for dependents? you would list the child's name in the section where it asks about CHILDREN

YMMV

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
But let's say that they get the citizenship issue taken care of for the baby, bring the baby along is just simply adding the baby's name as a dependent on the i-129?

dependent on the I-129? where does it ask for dependents? you would list the child's name in the section where it asks about CHILDREN

Right, list where it asks about children but remember, since the child will be a US citizen (assuming you friend follows the advice on this website and deals with the citizenship issue before you apply) then the child will not be receiving a visa like the mother because he/she will already be a US citizen. But you still have to list it of course :)

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

 
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