Preparing petition for unborn baby oversea

[Quasimodo 0]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

[sara..... 371]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

If one of you is citizen of the usa u do not need visa just take the child to the embassy and follow the procedure to obtain usa passport

i do not know about the passport being Japanese some one will reply with better information on that then i have

sara

Edited September 26, 2009 by estadia

[Dakine 26]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

With a tourist visa???

[sara..... 371]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

If one of you is citizen of the usa u do not need visa just take the child to the embassy and follow the procedure to obtain usa passport

i do not know about the passport being Japanese some one will reply with better information on that then i have

sara

awe nuts i didnt read the question right forget my answer plz and forgive me

sara

[lucyrich 20]

You won't adjust the baby's status. Adjustment of status is the process of getting a green card for an alien who is here on a non-immigrant visa. Assuming you're a US citizen who has lived in the United States for the at least five years (at least two years of which were after you turned 14 years old), your child will be born a US Citizen, regardless of whether or not you document your child's citizenship at the consulate. See INA 301(g). Your task isn't to obtain US citizenship for your child, it's to obtain documentation of the US citizenship which your child will have unavoidably had by law since birth.

There's a law, INA 215(b) that says that it's illegal for a US Citizen to enter or leave, or attempt to enter or leave, the US without bearing a US passport. I'm not sure how strictly it's enforced, especially against an infant, but since your child will be a US Citizen from birth, your child would technically be in violation of this law at the time your child entered the US under your plan. I doubt that's a big deal, but you should be aware of it.

I'm not sure exactly what documents your child would need to enter the US the first time. Assuming the child makes it through the border, you can get a US passport for the child when you are in the US. Read the DS-11 passport application and look at the things they'll let you use to prove citizenship. They'll ask for proof of your own citizenship, and proof that you've resided in the US for at least five years, at least two of which were after your 14th birthday. They'll need proof that you and your wife were married. They'll need proof (birth certificate) of who your child's parents are.

The documentary requirements to prove your child's citizenship are the same whether you do it here or abroad. You may have more problems getting some of the Japanese documents translated to English if you do it here (the consulate in Japan will probably accept them in the original Japanese, but the passport office here probably won't). Everything I've read recommends getting a consular report of birth abroad. But I think it would probably work if you get the passport in the US, as long as your child can enter the first time.

[Quasimodo 0]

With a tourist visa???

Hi Haole, Yes. I was hoping to bring the baby to US with Japanese tourist Visa, then obtain the citizenship in US.

awe nuts i didnt read the question right forget my answer plz and forgive me

sara

Still, thank you for trying to help, Sara.

You won't adjust the baby's status. Adjustment of status is the process of getting a green card for an alien who is here on a non-immigrant visa. Assuming you're a US citizen who has lived in the United States for the at least five years (at least two years of which were after you turned 14 years old), your child will be born a US Citizen, regardless of whether or not you document your child's citizenship at the consulate. See INA 301(g). Your task isn't to obtain US citizenship for your child, it's to obtain documentation of the US citizenship which your child will have unavoidably had by law since birth.

There's a law, INA 215(B) that says that it's illegal for a US Citizen to enter or leave, or attempt to enter or leave, the US without bearing a US passport. I'm not sure how strictly it's enforced, especially against an infant, but since your child will be a US Citizen from birth, your child would technically be in violation of this law at the time your child entered the US under your plan. I doubt that's a big deal, but you should be aware of it.

I'm not sure exactly what documents your child would need to enter the US the first time. Assuming the child makes it through the border, you can get a US passport for the child when you are in the US. Read the DS-11 passport application and look at the things they'll let you use to prove citizenship. They'll ask for proof of your own citizenship, and proof that you've resided in the US for at least five years, at least two of which were after your 14th birthday. They'll need proof that you and your wife were married. They'll need proof (birth certificate) of who your child's parents are.

The documentary requirements to prove your child's citizenship are the same whether you do it here or abroad. You may have more problems getting some of the Japanese documents translated to English if you do it here (the consulate in Japan will probably accept them in the original Japanese, but the passport office here probably won't). Everything I've read recommends getting a consular report of birth abroad. But I think it would probably work if you get the passport in the US, as long as your child can enter the first time.

Hi Lucyrich,

Thank you very much for your informative response.

You are right, it wouldn't be adjustment of status. My question should be if I can obtain the citizenship documents for my baby after entering US with as a Japanese tourist.

Regarding the law INA 215(B), although my child is born as a US citizen, without all proper documents of the citizenship obtained, my child is technically not a US citizen, correct? So unless my child is prevented to enter US as a foreigner, there shouldn't be a problem... is there? Can I interpret the situation this way?

You seems to be an expert with the law. I don't know if you feel comfortable giving me your opinion? Should I do it?

[Penguin_ie 5,993]

I don't think you'll get a tourist visa for the baby as s/he'll be a US citizen, thus the embassy won't issue a visa- at least we were told by the Dublin embassy that the kids could not travel on VWP with their Irish passports as they are also US citizen, whether they have a US passport yet or not. You will need to do the CRBA. If there is a reason your wife and baby will need to return quickly to the USA after birth, I'd look into this now- I know in several countries, including Ireland where we did it, where it can take several months to get the CRBA appointment at the embassy, but I am sure they can make exceptions.

[lucyrich 20]

Regarding the law INA 215(B), although my child is born as a US citizen, without all proper documents of the citizenship obtained, my child is technically not a US citizen, correct?

Nope, read INA 215(b). It's available on the USCIS website under laws and regulations. A baby born abroad with one US Citizen parent who has lived in the US for the required time is a US Citizen, period. The law doesn't say he's a citizen if he gets certain documentation, it says he's a citizen if the circumstances of his birth make it so.

Now, in order to exercise the privileges of citizenship, certain documentary proof of the citizenship may be required, depending on the privilege being exercised.

[jkminney 30]

With a tourist visa???

Hi Haole, Yes. I was hoping to bring the baby to US with Japanese tourist Visa, then obtain the citizenship in US.

awe nuts i didnt read the question right forget my answer plz and forgive me

sara

Still, thank you for trying to help, Sara.

You won't adjust the baby's status. Adjustment of status is the process of getting a green card for an alien who is here on a non-immigrant visa. Assuming you're a US citizen who has lived in the United States for the at least five years (at least two years of which were after you turned 14 years old), your child will be born a US Citizen, regardless of whether or not you document your child's citizenship at the consulate. See INA 301(g). Your task isn't to obtain US citizenship for your child, it's to obtain documentation of the US citizenship which your child will have unavoidably had by law since birth.

There's a law, INA 215(B) that says that it's illegal for a US Citizen to enter or leave, or attempt to enter or leave, the US without bearing a US passport. I'm not sure how strictly it's enforced, especially against an infant, but since your child will be a US Citizen from birth, your child would technically be in violation of this law at the time your child entered the US under your plan. I doubt that's a big deal, but you should be aware of it.

I'm not sure exactly what documents your child would need to enter the US the first time. Assuming the child makes it through the border, you can get a US passport for the child when you are in the US. Read the DS-11 passport application and look at the things they'll let you use to prove citizenship. They'll ask for proof of your own citizenship, and proof that you've resided in the US for at least five years, at least two of which were after your 14th birthday. They'll need proof that you and your wife were married. They'll need proof (birth certificate) of who your child's parents are.

The documentary requirements to prove your child's citizenship are the same whether you do it here or abroad. You may have more problems getting some of the Japanese documents translated to English if you do it here (the consulate in Japan will probably accept them in the original Japanese, but the passport office here probably won't). Everything I've read recommends getting a consular report of birth abroad. But I think it would probably work if you get the passport in the US, as long as your child can enter the first time.

Hi Lucyrich,

Thank you very much for your informative response.

You are right, it wouldn't be adjustment of status. My question should be if I can obtain the citizenship documents for my baby after entering US with as a Japanese tourist.

Regarding the law INA 215(B), although my child is born as a US citizen, without all proper documents of the citizenship obtained, my child is technically not a US citizen, correct? So unless my child is prevented to enter US as a foreigner, there shouldn't be a problem... is there? Can I interpret the situation this way?

You seems to be an expert with the law. I don't know if you feel comfortable giving me your opinion? Should I do it?

My daughter was born in the UK and it wasn't difficult to get her a U.S. birth certificate and a passport. We did it all in a couple hours. You need to have the passport photos, we had these taken when she was about 2 weeks old because we were going to France, proof of a parents U.S. citizen ship...birth cert or passport and the Japanese birth certificate. The birth certificate and the passport should be be able to be issued at the same time. They were for us at least. It was a very easy process and nothing to worry about!

[Dakine 26]

I hour drive to do a CRBA in Japan is a heck of a lot easier than trying to get USC for the child a different way.

[sjr09 155]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

Edited September 27, 2009 by sjr09

[redglasses 1]

Since your daughter will be born outside the US and the mother MUST file the Consular Report of Birth Abroad at the US embassy Tokyo anyways, why not get her US passport at the same time?

Reading the embassy's website would greatly help you.

http://tokyo.usembassy.gov/e/acs/tacs-7115.html

[Quasimodo 0]

I don't think you'll get a tourist visa for the baby as s/he'll be a US citizen, thus the embassy won't issue a visa- at least we were told by the Dublin embassy that the kids could not travel on VWP with their Irish passports as they are also US citizen, whether they have a US passport yet or not. You will need to do the CRBA. If there is a reason your wife and baby will need to return quickly to the USA after birth, I'd look into this now- I know in several countries, including Ireland where we did it, where it can take several months to get the CRBA appointment at the embassy, but I am sure they can make exceptions.

Yes, I was thinking about the Visa Waiver Program... According to the website of US embassy in Japan, the process takes about 3-4 weeks. 3-4 weeks is not bad, we just hope to avoid the traveling part...

Nope, read INA 215(B). It's available on the USCIS website under laws and regulations. A baby born abroad with one US Citizen parent who has lived in the US for the required time is a US Citizen, period. The law doesn't say he's a citizen if he gets certain documentation, it says he's a citizen if the circumstances of his birth make it so.

Now, in order to exercise the privileges of citizenship, certain documentary proof of the citizenship may be required, depending on the privilege being exercised.

I see, I guess that leaves me no choice. Thank you very much, Lucyrich, you have been very helpful.

My daughter was born in the UK and it wasn't difficult to get her a U.S. birth certificate and a passport. We did it all in a couple hours. You need to have the passport photos, we had these taken when she was about 2 weeks old because we were going to France, proof of a parents U.S. citizen ship...birth cert or passport and the Japanese birth certificate. The birth certificate and the passport should be be able to be issued at the same time. They were for us at least. It was a very easy process and nothing to worry about!

To my understanding, I am not required to appear during the process (with a notarized consent). However, my wife will need to fly to Tokyo with our new born baby, and they will need to stay in a hotel... I really wish to avoid that if possible.

I hour drive to do a CRBA in Japan is a heck of a lot easier than trying to get USC for the child a different way.

Actually, it's one hour by flight... and that's just the easy part I assume...

Thank you all, I guess I just have to give up being creative and go through the process the old fashion way. Again, thank you very much!

[Jamaican JNR 2]

Hello everyone,

I am a US citizen, and my wife is currently a green card holder (Thanks to everyone at VisaJourney.com for helping us through the K3 process.)

We are having our first baby girl, and my wife will give birth in Japan this December.

I understand the procedure of obtaining US citizenship, visa and passport for our baby at a US Embassy in Japan. However, my wife currently lives one hour away from the nearest Embassy in Tokyo, and we wish to avoid unnecessary trouble and costs on traveling. To my understanding, my child does not require to have an immigrant visa number, can we bring our daughter to US with her Japanese passport then adjust status in US? Is it OK to do so?

Thanks you very much!

The father who is a USC could just take the child to the embassy and follow their procedure or contact the embassy ahead of time to find out what the mother (greencard holder) can do without the presence of the father.

[Quasimodo 0]

Since your daughter will be born outside the US and the mother MUST file the Consular Report of Birth Abroad at the US embassy Tokyo anyways, why not get her US passport at the same time?

Reading the embassy's website would greatly help you.

http://tokyo.usembassy.gov/e/acs/tacs-7115.html

Thank you, I have checked out the website. The thing is my wife has to fly from Kyushu... I am not sure if the baby would be cooperative on the plane...

The father who is a USC could just take the child to the embassy and follow their procedure or contact the embassy ahead of time to find out what the mother (greencard holder) can do without the presence of the father.

Yes, I understand my wife can take the baby through the process with a notarized consent from me.

Edited September 27, 2009 by Quasimodo