What if child born before visa is granted?

[qap3 0]

Waiting for NOA2, and my wife is due to give have our second baby at the end of November. Does anyone know what the visa status for our currently unborn child would be if she gave birth before the visa was granted and she was able to enter the U.S.? I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship. Any info would be greatly appreciated, I am extremely worried about the possiblility of needing to wait even longer if she gives birth outside of the U.S.

[payxibka 10,045]

Waiting for NOA2, and my wife is due to give have our second baby at the end of November. Does anyone know what the visa status for our currently unborn child would be if she gave birth before the visa was granted and she was able to enter the U.S.? I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship. Any info would be greatly appreciated, I am extremely worried about the possiblility of needing to wait even longer if she gives birth outside of the U.S.

I think it is a problem because of the lack of any I-130. If you were doing a "K" visa then it would not be.

Edited June 29, 2009 by payxibka

[victor+natasha 0]

If you are a US citizen, by law any child born to you is automatically a US citizen. So all u will need is to get a US passport for your new child.

[Bobby+Umit 161]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

[JimVaPhuong 4,863]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

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

[payxibka 10,045]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

because there are exceptions to everything

If you are a US citizen, by law any child born to you is automatically a US citizen. So all u will need is to get a US passport for your new child.

most, but not all of the time... there are exceptions....

To the OP:

Did you submit the I-129F petition for your spouse as well?

Edited June 29, 2009 by payxibka

[qap3 0]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

because there are exceptions to everything

If you are a US citizen, by law any child born to you is automatically a US citizen. So all u will need is to get a US passport for your new child.

most, but not all of the time... there are exceptions....

To the OP:

Did you submit the I-129F petition for your spouse as well?

All that has been submitted so far were I-130s for both my wife and our already born son.

[Bobby+Umit 161]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

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

Ok - thanks for the info, but that just says the USC had to be in the US for 2 years (after age 14) prior to the birth of the child.

So if the USC was in the US 2000, 2001, went abroad, and had a child 2004, they still will be an USC (the child), since the USC met the 2 year in US requirement (2000/2001), right?

Edited June 29, 2009 by Bobby_Umit

[payxibka 10,045]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

because there are exceptions to everything

If you are a US citizen, by law any child born to you is automatically a US citizen. So all u will need is to get a US passport for your new child.

most, but not all of the time... there are exceptions....

To the OP:

Did you submit the I-129F petition for your spouse as well?

All that has been submitted so far were I-130s for both my wife and our already born son.

To late now but this might be one of those rare occasions where a K-3/4 visa might better serve....

Is it possible for the birth to occur in the USA?

Edited June 29, 2009 by payxibka

[JimVaPhuong 4,863]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

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

Ok - thanks for the info, but that just says the USC had to be in the US for 2 years (after age 14) prior to the birth of the child.

So if the USC was in the US 2000, 2001, went abroad, and had a child 2004, they still will be an USC (the child), since the USC met the 2 year in US requirement (2000/2001), right?

No, it says that a total of five years is required, two of which must have been after the USC was 14 years old.

[Bobby+Umit 161]

I am an American citizen but did not live here long enough (grew up in Canada) for my children to automatically qualify for citizenship

First I ever heard of this - why do you think this?

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

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

Ok - thanks for the info, but that just says the USC had to be in the US for 2 years (after age 14) prior to the birth of the child.

So if the USC was in the US 2000, 2001, went abroad, and had a child 2004, they still will be an USC (the child), since the USC met the 2 year in US requirement (2000/2001), right?

No, it says that a total of five years is required, two of which must have been after the USC was 14 years old.

gotcha!

[qap3 0]

To late now but this might be one of those rare occasions where a K-3/4 visa might better serve....

Is it possible for the birth to occur in the USA?

Only if they let them in the country, which seems unlikely due to the visas.

[payxibka 10,045]

To late now but this might be one of those rare occasions where a K-3/4 visa might better serve....

Is it possible for the birth to occur in the USA?

Only if they let them in the country, which seems unlikely due to the visas.

People come visit all the time... Canadians have an even easier time than most.... however they still could get turned back..... but if you fly then you would know about the turnback before ever getting on the airplane

[qap3 0]

To late now but this might be one of those rare occasions where a K-3/4 visa might better serve....

Is it possible for the birth to occur in the USA?

Only if they let them in the country, which seems unlikely due to the visas.

People come visit all the time... Canadians have an even easier time than most.... however they still could get turned back..... but if you fly then you would know about the turnback before ever getting on the airplane

So are you suggesting my wife come down, give birth and then take the baby back to Canada?

[payxibka 10,045]

To late now but this might be one of those rare occasions where a K-3/4 visa might better serve....

Is it possible for the birth to occur in the USA?

Only if they let them in the country, which seems unlikely due to the visas.

People come visit all the time... Canadians have an even easier time than most.... however they still could get turned back..... but if you fly then you would know about the turnback before ever getting on the airplane

So are you suggesting my wife come down, give birth and then take the baby back to Canada?

Not without entry risks but sure..... baby will be a USC and get a US passport before departure.... baby visa problems are solved

Edited June 30, 2009 by payxibka