Jump to content
redBlue

dual citizenship for the baby CAD&US

By redBlue in Canada

 Share

10 posts in this topic

Recommended Posts

redBlue Collaborator

redBlue   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I'm a canadian citizen and my husband is a US citizen who lives in US.If we decide to have a baby in Canada,will the baby be a US citizen automatically due to the father's nationality...

I-130 Journey

04-18-09 - I-130 sent USPS Priority to Chicago Lockbox

04-24-09 - I-130 received by USCS and the first touch

04-27-09 - I-130 NOA1 (California Service Center)

04-27-09 - Check Cashed

08-13-09 - I-130 Received NOA2 e-mail

08-17-09 - I-130 Received NOA2 Hardcopy (I-797)

NVC Journey

08-17-09 - NVC Received/Case number assigned

09-08-09 - NVC sent the first mail to the petitioner

09-08-09 - DS-3032 / AOS Bill Generated

09-08-09 - E-mailed DS-3032

09-09-09 - Mailed DS-3032

09-09-09 - Pay AOS Bill (Online)

09-10-09 - AOS Bill Show as PAID

09-10-09 - IV Bill Generated

09-11-09 - Paid IV Bill

09-11-09 - NVC accepted DS-3032(received an e-mail)

09-12-09 - Mailed I-864 Package

09-14-09 - IV Bill Show as PAID

09-15-09 - I-864 received at NVC

09-16-09 - Mailed IV Package(DS-230)

09-17-09 - DS-230 package delivered to NVC(confirmed via fed-ex)

09-21-09 - NVC received the DS-230

09-23-09 - NVC sent an e-mail asking for DS-230 package

09-24-09 - NVC confirmed that the DS-230 package received

09-26-09 - Login Failed!!!

09-28-09 - Case Completed at NVC --------------------------------------------------NVC stage is completed in 38 days

01-27-10 - Medical

02-05-10 - Interview Date

04-14-10 - POE

Done with USCIS until Apr 14,2012 (Removal of Conditions)

Link to comment
Share on other sites
neiks Rising Star

neiks   19

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Yep, my oldest son was born in Canada. We haven't done the Birth Abroad paperwork but my husband applied for our sons US passport soon after he was born. You don't need to Register Birth Abroad to get it, the USC parent just files on behalf of the child. It was pretty easy.

Our newest son - just born 1 month ago was born in the US. I have to do the application for Canadian citizenship before I can get him a Canadian passport. Think I will probably just get him his Canadian citizenship card and a US passport.

Link to comment
Share on other sites
redBlue Collaborator

redBlue   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
Yep, my oldest son was born in Canada. We haven't done the Birth Abroad paperwork but my husband applied for our sons US passport soon after he was born. You don't need to Register Birth Abroad to get it, the USC parent just files on behalf of the child. It was pretty easy.

Our newest son - just born 1 month ago was born in the US. I have to do the application for Canadian citizenship before I can get him a Canadian passport. Think I will probably just get him his Canadian citizenship card and a US passport.

thanks for the reply

so which means the newly born baby will need to be added into the I-130 process if it's still in progress??sorry not clear on that.

what happens if the baby is born after I-130 process is over ,but we are still in Canada?

I-130 Journey

04-18-09 - I-130 sent USPS Priority to Chicago Lockbox

04-24-09 - I-130 received by USCS and the first touch

04-27-09 - I-130 NOA1 (California Service Center)

04-27-09 - Check Cashed

08-13-09 - I-130 Received NOA2 e-mail

08-17-09 - I-130 Received NOA2 Hardcopy (I-797)

NVC Journey

08-17-09 - NVC Received/Case number assigned

09-08-09 - NVC sent the first mail to the petitioner

09-08-09 - DS-3032 / AOS Bill Generated

09-08-09 - E-mailed DS-3032

09-09-09 - Mailed DS-3032

09-09-09 - Pay AOS Bill (Online)

09-10-09 - AOS Bill Show as PAID

09-10-09 - IV Bill Generated

09-11-09 - Paid IV Bill

09-11-09 - NVC accepted DS-3032(received an e-mail)

09-12-09 - Mailed I-864 Package

09-14-09 - IV Bill Show as PAID

09-15-09 - I-864 received at NVC

09-16-09 - Mailed IV Package(DS-230)

09-17-09 - DS-230 package delivered to NVC(confirmed via fed-ex)

09-21-09 - NVC received the DS-230

09-23-09 - NVC sent an e-mail asking for DS-230 package

09-24-09 - NVC confirmed that the DS-230 package received

09-26-09 - Login Failed!!!

09-28-09 - Case Completed at NVC --------------------------------------------------NVC stage is completed in 38 days

01-27-10 - Medical

02-05-10 - Interview Date

04-14-10 - POE

Done with USCIS until Apr 14,2012 (Removal of Conditions)

Link to comment
Share on other sites
Krikit Grand Master

Krikit   1,164

Posted
Filed: Timeline
Posted
Yep, my oldest son was born in Canada. We haven't done the Birth Abroad paperwork but my husband applied for our sons US passport soon after he was born. You don't need to Register Birth Abroad to get it, the USC parent just files on behalf of the child. It was pretty easy.

Our newest son - just born 1 month ago was born in the US. I have to do the application for Canadian citizenship before I can get him a Canadian passport. Think I will probably just get him his Canadian citizenship card and a US passport.

Awwwwwwwwww. Congratulations, Neiks! :)(F)

iagree.gif
Link to comment
Share on other sites
Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Congratulations, Neiks! I think you just need to file for Proof of Citizenship, not apply for citizenship as your child is already a Canadian - just born outside of the US.

RedBlue, the child doesn't need to be added to the I-130 - the child will be a US citizen because of his/her father and the father just needs to get the paperwork taken care of that proves the child is a US citizen - and then get him/her a passport. The child will not be an immigrant - just the child's mother (you) :D ( - and any other children you already have, if you have any).

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites
scandal Grand Master

scandal   951

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted
Yep, my oldest son was born in Canada. We haven't done the Birth Abroad paperwork but my husband applied for our sons US passport soon after he was born. You don't need to Register Birth Abroad to get it, the USC parent just files on behalf of the child. It was pretty easy.

Our newest son - just born 1 month ago was born in the US. I have to do the application for Canadian citizenship before I can get him a Canadian passport. Think I will probably just get him his Canadian citizenship card and a US passport.

Whoah, careful.

Most likely, the child will be a US citizen from birth but this is NOT necessarily true - it depends upon the USC parent's US residency test.

In short - if the baby is born outside of the US to parents one of which is USC and the other is non-USC, then the baby is a USC from birth ONLY if the USC-parent resided in the US for 5 years of which at least 2 years were after age 14. The USC parent must be able to demonstrate that residency (school records, etc.)

If the USC parent does not meet that residence requirement, it is possible for the baby to derive US citizenship from birth via the grandparents (parents of USC parent) if either of them satisfies the residence requirement.

Failing that, the child is not a USC from birth. The child can be naturalized, or the child may be able to automatically acquire US citizenship through legal entry to the US under the Child Citizenship Act of 2000.

I posted in detail about this on VJ a few months ago. This topic seems to come up with some regularity.

Link to comment
Share on other sites
redBlue Collaborator

redBlue   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
Yep, my oldest son was born in Canada. We haven't done the Birth Abroad paperwork but my husband applied for our sons US passport soon after he was born. You don't need to Register Birth Abroad to get it, the USC parent just files on behalf of the child. It was pretty easy.

Our newest son - just born 1 month ago was born in the US. I have to do the application for Canadian citizenship before I can get him a Canadian passport. Think I will probably just get him his Canadian citizenship card and a US passport.

Whoah, careful.

Most likely, the child will be a US citizen from birth but this is NOT necessarily true - it depends upon the USC parent's US residency test.

In short - if the baby is born outside of the US to parents one of which is USC and the other is non-USC, then the baby is a USC from birth ONLY if the USC-parent resided in the US for 5 years of which at least 2 years were after age 14. The USC parent must be able to demonstrate that residency (school records, etc.)

If the USC parent does not meet that residence requirement, it is possible for the baby to derive US citizenship from birth via the grandparents (parents of USC parent) if either of them satisfies the residence requirement.

Failing that, the child is not a USC from birth. The child can be naturalized, or the child may be able to automatically acquire US citizenship through legal entry to the US under the Child Citizenship Act of 2000.

I posted in detail about this on VJ a few months ago. This topic seems to come up with some regularity.

well then we should be ok since my hubby only lived in US his entire life and still lives there...

is there any chance you can send me the link to your previous post then...

thanx so much for the answer

I-130 Journey

04-18-09 - I-130 sent USPS Priority to Chicago Lockbox

04-24-09 - I-130 received by USCS and the first touch

04-27-09 - I-130 NOA1 (California Service Center)

04-27-09 - Check Cashed

08-13-09 - I-130 Received NOA2 e-mail

08-17-09 - I-130 Received NOA2 Hardcopy (I-797)

NVC Journey

08-17-09 - NVC Received/Case number assigned

09-08-09 - NVC sent the first mail to the petitioner

09-08-09 - DS-3032 / AOS Bill Generated

09-08-09 - E-mailed DS-3032

09-09-09 - Mailed DS-3032

09-09-09 - Pay AOS Bill (Online)

09-10-09 - AOS Bill Show as PAID

09-10-09 - IV Bill Generated

09-11-09 - Paid IV Bill

09-11-09 - NVC accepted DS-3032(received an e-mail)

09-12-09 - Mailed I-864 Package

09-14-09 - IV Bill Show as PAID

09-15-09 - I-864 received at NVC

09-16-09 - Mailed IV Package(DS-230)

09-17-09 - DS-230 package delivered to NVC(confirmed via fed-ex)

09-21-09 - NVC received the DS-230

09-23-09 - NVC sent an e-mail asking for DS-230 package

09-24-09 - NVC confirmed that the DS-230 package received

09-26-09 - Login Failed!!!

09-28-09 - Case Completed at NVC --------------------------------------------------NVC stage is completed in 38 days

01-27-10 - Medical

02-05-10 - Interview Date

04-14-10 - POE

Done with USCIS until Apr 14,2012 (Removal of Conditions)

Link to comment
Share on other sites
neiks Rising Star

neiks   19

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
so which means the newly born baby will need to be added into the I-130 process if it's still in progress??sorry not clear on that.

what happens if the baby is born after I-130 process is over ,but we are still in Canada

I didn't add baby. I actually had my first interview schedules for just a few weeks after my due date. I requested a reschedule b/c of that which lead to a long wait for another interview to be scheduled, but that's another story. I just made sure that I took my baby's US passport with me to the interview to prove that he was a US citizen and didn't have to file for him as well.

Link to comment
Share on other sites
daisylynn Enthusiast

daisylynn   0

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

We didn't add our kids to the I-130, but I do believe we had to show proof of their US citizenship at the final interview. We don't have passports for them so I took the report of birth abroad that we got for them. We also needed that when we went to get their ss#'s once we got to the US.

IR-1 Visa

8-14-2007 Mailed in husband's I-130 to Consulate in Toronto

8-15-2007 Toronto received I-130

8-27-2007 Toronto called to set up I-130 appointment

8-31-2007 Interview at Consulate Approved

9-25-2007 Received Packet 3 in mail

12-9-2007 Received police record (fingerprint version)

1-18-2008 Sent packet 3 back

2-26-2008 heard back from Montreal via email about our interview date

4-23-2008 Montreal Interview!!! Visa APPROVED!!

5-31-2008 Crossed the border into the US to live! :) (one of the happiest days!!)

Currently residing in NC and loving it!

03/2011 Looking into getting dh US citizenship (and just when I thought we were done with all the paperwork! Ha!

US Citizenship timeline:

3-18-2011 Paperwork/check sent

3-25-2011 Check cashed

3-25-2011 NOA

4-16-2011 Fingerprints

6-15-2011 Interview

7-02-2011 Oath Ceremony We're done!!

Link to comment
Share on other sites
 
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
 Share
Go to topic listing
- 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...