What happens if my son is born outside the USA

[temp 0]

We will soon file I-751 to remove the conditional residence on Green Card, but I and my wife want to go to S.Korea to have a child there. What happends to my son and my wife? Will my son receive the citizenship even though he is born outside the USA? I know we can just stay in the USA and have a child here, but we really want to go to S.Korea where we have cousins and families to celebrate the birth of our child. Thanks.

[Chica Yeyé 41]

I believe, once the baby is born, you file a "Consular Report of Birth Abroad" at the nearest US consulate, and he is indeed a US citizen. check that out.

Congratulations

[Italian_in_NYC 259]

I suppose one between you and your wife is a USC since an I-751 is going to be filed.

In that case the child will be a USC at birth since one of his/her parents is a USC who met the residence requirement in the US.

You will have to report the child's birth at the nearest US Consulate according to their procedure. My guess is that they will need the original South Korean birth certificate in the long form with apostille and with certified translation into English and proof of citizenship of one of the parents (I guess US passport will do). But again, check with the local US Consulate for that.

I think you will have to apply for a US passport for the kid before coming back to the US.

[MoroccanInTexas 24]

Hello, and congratulation on the baby

Yes as other suggested your baby will be US Citizen since one of his parents is American. you will have to register his birth with the closest US consulate, so that he will be used a US birth Certificate and a US passport

Good luck

[antda 13]

Hi Temp,

Congrats in advance to for your soon-to-be baby. By the way, if you don't mind me asking, when is your wife due? Good luck too, on filing your I-751 application soon too.

Now, in terms of your situation, to be honest with you, it would be a lot easier to have your child delivered here in the USA instead of in South Korea (or any other country), for the following reasons:

-Any long visits (especially visits for more than 6 months) can be seen as "abandoning" your wife's residency status, which could affect the I-751 approval and for US Citizenship later on.

-It doesn't help either, that you are delivering your child in another country, as that can possibly be seen by immigration officials as wanting to move back there, even though your intentions are not of such.

-It's more complicated to have to deal with the US embassy while overseas. Do you really want to be going through the extra paperwork and costs of filing a birth abroad, where you would have just as easlily skipped all that by just having the child here in the USA and have a US Birth Certificate and US Passport right away? Yes, your child will be a US Citizen, regardless, but why take the hard route, when you can go through the easier route here instead.

-Does your wife really want to be travelling so far away while pregnant? Travelling during pregnancy does have risks, especially more so if she is travelling for long distances. Is it worth that long-distance risk for your wife and your future baby?

-Your wife has her medical care and medical records here and is probably currently getting her medical pre-natal care here. If she were to give birth overseas now, it would further complicate things medical-wise, as they wouldn't know about her past medical history, and thus could lead into further serious medical complications. Lol..if they can somehow send her medical records overseas beforehand, then it would be somewhat better medically, but I doubt that this is likely to happen.

-Family and friends can wait. Chances are, I don't think that your wife will be in the mood to be celebrating much after being in labour and delivery for so many hours and enduring so much pain, and the baby wouldn't be well enough to celebrate either right after they are born. As well, it would probably be more fun and easier for the baby to visit when they are a little bit older, as they are more aware of their surroundings and can later on further appreciate the love that your family has to offer.

-Since your family and friends are interested in seeing you, your wife, and the new baby, then why don't they come over here to the USA for a visit and celebrate? After all, they are the ones that want to see you, your wife, and the baby, then why don't they make the effort, especially more so that they have less to worry about when travelling here instead of you and your family going there (lol..I'm sure travelling with a new baby is something that is easy to do at all).

Just thoughts from one pregnant/soon to be expecting VJer to another...

Hope this helps. Good luck on your immigration journey and upcoming baby too.

Ant (Still waiting for Baby, Still waiting for I-751...)

We will soon file I-751 to remove the conditional residence on Green Card, but I and my wife want to go to S.Korea to have a child there. What happends to my son and my wife? Will my son receive the citizenship even though he is born outside the USA? I know we can just stay in the USA and have a child here, but we really want to go to S.Korea where we have cousins and families to celebrate the birth of our child. Thanks.

Edited April 9, 2009 by AntandD

[Usher 0]

You can kiss your son's chances of becoming a president goodbye!

[antda 13]

Hi Temp,

Congrats in advance to for your soon-to-be baby. By the way, if you don't mind me asking, when is your wife due? Good luck, on filing your I-751 application soon too.

Now, in terms of your situation, to be honest with you, it would be a lot easier to have your child delivered here in the USA instead of in South Korea (or any other country), for the following reasons:

-Any long visits (especially visits for more than 6 months) can be seen as "abandoning" your wife's residency status, which could affect the I-751 approval and for US Citizenship later on.

-It doesn't help either, that you are delivering your child in another country, as that can possibly be seen by immigration officials as wanting to move back there, even though your intentions are not of such.

-It's more complicated to have to deal with the US embassy while overseas. Do you really want to be going through the extra paperwork, costs, and time of filing a birth abroad, where you would have just as easlily skipped all that by just having the child here in the USA and have a US Birth Certificate and US Passport right away? Yes, your child will be a US Citizen, regardless, but why take the hard route, when you can go through the easier route here instead.

-Does your wife really want to be travelling so far away while pregnant? Travelling during pregnancy does have risks, especially more so if she is travelling for long distances. Is it worth that long-distance risk for your wife and your future baby?

-Your wife has her medical care and medical records here and is probably currently getting her medical pre-natal care in the USA. If she were to give birth overseas now, it would further complicate things medical-wise, as they wouldn't know about her past medical history, and thus could lead into further serious medical complications. Lol..if they can somehow send her medical records overseas beforehand, then it would be somewhat better medically, but I doubt that this is likely to happen.

-Family and friends can wait. Chances are, I don't think that your wife will be in the mood to be celebrating much after being in labour and delivery for so many hours and enduring so much pain, and the baby wouldn't be well enough to celebrate either right after they are born. As well, it would probably be more fun and easier for the baby to visit when they are a little bit older, as they are more aware of their surroundings and can later on further appreciate the love that your family and friends there has to offer.

-Since your family and friends are interested in seeing you, your wife, and the new baby, then why don't they come over here to the USA for a visit and celebrate? After all, they are the ones that want to see you, your wife, and the baby, then why don't they make the effort, especially more so that they have less to worry about when travelling here instead of you and your family going there (lol..I'm sure travelling with a new baby is something that is not easy to do at all).

Just thoughts from one pregnant/soon to be expecting VJer to another...

Hope this helps. Good luck on your immigration journey and upcoming baby too.

Ant (Still waiting for Baby, Still waiting for I-751...)

We will soon file I-751 to remove the conditional residence on Green Card, but I and my wife want to go to S.Korea to have a child there. What happends to my son and my wife? Will my son receive the citizenship even though he is born outside the USA? I know we can just stay in the USA and have a child here, but we really want to go to S.Korea where we have cousins and families to celebrate the birth of our child. Thanks.

[Usher 0]

A double-post ten minutes apart? That's weird.

[antda 13]

Lol...sorry for the re-post, as VJ wouldn't let me re-edit again for grammatical errors...grr....

Read both posts (especially the second one), and you'll see the minor differences...

Ant

A double-post ten minutes apart? That's weird.

Edited April 9, 2009 by AntandD

[happywifeymom 4]

We will soon file I-751 to remove the conditional residence on Green Card, but I and my wife want to go to S.Korea to have a child there. What happends to my son and my wife? Will my son receive the citizenship even though he is born outside the USA? I know we can just stay in the USA and have a child here, but we really want to go to S.Korea where we have cousins and families to celebrate the birth of our child. Thanks.

Just report your son's birth at the nearest US consualte in S. Korea. If one of the parent is a US citizen at the time the baby is born the baby will acquire US citizenship if he will meet the requirements.

[-B&T- 1]

Hi,

Congratulations in advance for the new baby.I had a baby last year and same reason, I chose to have the baby born here to avoid the hassle of going through the paperworks again and worried that what if I will have complications or what if my child would need medical care so there's a lot of stuffs to consider actually.It wasn't been easy for the first 2 weeks for me since I don't have any relatives here neither my husband as they're all in the East coast but everything went well and we managed the situation.If you decide to have the baby born in korea you will just have to report the birth @ the US embassy immediately and apply for the child's US passport but what about your wifey's green card?If you are about to file the I-751 and leave, she's going to have some problem down the line I think so my advice is give birth here in the US.The family/relatives can wait to see the baby.Just my humble opinion.

[darkequitus 0]

Hi,

Congrats with the baby

My Now wife had a hard time when applying for my Son's US passport.

We were un-married, so we thought it would be relitively straight forward.

However, when my wife attended the interview in London, the officer (a British guy) questioned whtehr she had been in the US long enough to transmit citizenship to our son.

He accused her of living in Canada or Mexico most of her life. My Wife has never been to mexio. But because back then you could enter on you birth certificate, having a valid passport did not prove to them she was a UK citizen. The guy said it would have been easier if she never had passport till recently.

My wife is aslo a UK citizen, so she was accused of using that passport, even thought it was first issued in 1996

My wife offered schooling transcript, but she was met with a "don't even go there"

Here are the facts:

Born in TN 1975. US passport from baby till present day. All Passport except most recent issued in the US.

UK Passport first issued 1996

In the UK 1998-2009.

Either case she spent at least 5 years resident in the US with 2 years over the age of 14.

In the end she produced every passport she ever has from birth and my Son's citizenshup was granted.

Edited April 10, 2009 by darkequitus

[I Miss Her 0]

We will soon file I-751 to remove the conditional residence on Green Card, but I and my wife want to go to S.Korea to have a child there. What happends to my son and my wife? Will my son receive the citizenship even though he is born outside the USA? I know we can just stay in the USA and have a child here, but we really want to go to S.Korea where we have cousins and families to celebrate the birth of our child. Thanks.

Congratulations in advance. I had same situation and everything worked out well. Here are couples of links for your info:

Acquisition of U.S. Citizenship by a Child Born Abroad

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

Documentation of U.S. Citizens Born Abroad

http://travel.state.gov/law/family_issues/.../birth_593.html