Baby going to be born before visa interview

[qap3 0]

Despite me asking months ago and being assured that our baby would be able to come down on my wifes visa. Our lawyer informed me a couple days ago that this is not true. Is there anything I can do? My wife and son just had their visas transfered to the Montreal consulate on October 26 and she is due November 23. The baby does not qualify for automatic citizenship since I grew up in Canada.

What can I do? I don't think my family can take waiting for this whole process again.

[sachinky 465]

Uh. I'm assuming she won't be allowed to fly 8 months pregnant and that close to the delivery date otherwise she could try and have the baby on US soil.You will have to file for a I-130 for the baby if he/she will not claim immediate USCitizenship.

And this will have to wait until the baby is born since clearly you can't file for an unborn child.

Is there a way to add the child to the mother's passport? Some countries allow this. But I don't know how it'd work for the visa. As far as I understand the CR1 doesn't have derivative benefits.

Edited November 13, 2009 by sachinky

[qap3 0]

Uh. I'm assuming she won't be allowed to fly 8 months pregnant and that close to the delivery date otherwise she could try and have the baby on US soil.You will have to file for a I-130 for the baby if he/she will not claim immediate USCitizenship.

And this will have to wait until the baby is born since clearly you can't file for an unborn child.

Is there a way to add the child to the mother's passport? Some countries allow this. But I don't know how it'd work for the visa. As far as I understand the CR1 doesn't have derivative benefits.

I don't know how I would get her in the Country at this point. I live driving distance away if it was possible (ignoring the fact we don't have a doctor or anything lined up here).

[sachinky 465]

Never mind, I thought your baby was going to be born after the interview. Sorry. It's rather early in the morning here.

Yeah, file a I-130 as soon as he/she comes into this world.

[tbaygrrl 2]

If I am reading this right, you are the US citizen, who just happened to be raised in Canada right?? If this is correct, you are a US citizen and the fact that you were raised in another country does not invalidate your rights as a US citizen. What you would need to do as the father and as a US citizen is file for birth abroad for your newborn child. THis will allow you to obtain a US passport and ssn for him/her and is a fast process. I would call the US embassy where your wife is to enquire about the specifics of this, as his passport would have to be issued while your wife is in Canada still.

Hope this helps

[Darnell 8,478]

I thought a US Citizen parent gives the child the citizenship automatically, regardless if native or naturalized parent.

The child will need a CRBA and a US passport, both issued by a US Embassy/Consulate somewhere in the northern sprawl of Canada.

CRBA - Consulate Record of Birth Abroad.

But hei - maybe I missed something - I swear it doesn't matter the type of US Citizenship ya gots, as long as yer a US Citizen.

Beat me up a bit if I'm wrong?

Warmest Regards.

[qap3 0]

For you to be able to pass citizenship on to your children you have to have lived for 5 years in the U.S., 2 of which are before you are 14 (or something like that).

[canadian_wife 1,822]

There are residency requirements for the USC that they must meet, like gap3 stated, in order for the child to receive citizenship as well

gap3 - file the I-130 as soon as possible for your child.

Once your wife receives her visa, she can travel to the US to be with you. She'll apply for a Canadian passport for your child in order to be able to take the child with her to the US (as a visitor). Then you guys don't have to be apart for such a long time while the I-130 for your child is being processed.

Good luck.

[qap3 0]

There are residency requirements for the USC that they must meet, like gap3 stated, in order for the child to receive citizenship as well

gap3 - file the I-130 as soon as possible for your child.

Once your wife receives her visa, she can travel to the US to be with you. She'll apply for a Canadian passport for your child in order to be able to take the child with her to the US (as a visitor). Then you guys don't have to be apart for such a long time while the I-130 for your child is being processed.

Good luck.

Would it be possible for them to come in as a visitor? I had figured it would be the same hassle as it was for my wife (the whole family of a U.S. citizen entering the country is intending to immigrate bit).

[Jamaican JNR 2]

For you to be able to pass citizenship on to your children you have to have lived for 5 years in the U.S., 2 of which are before you are 14 (or something like that).

Informative

[Gaynto 0]

For you to be able to pass citizenship on to your children you have to have lived for 5 years in the U.S., 2 of which are before you are 14 (or something like that).

Informative

This is what I found.. bewarned I am googling without the benefit of coffee : )

For children born abroad since 14 November 1986 to a married couple consisting of one US citizen and one non-citizen, the American parent must have been "physically present" in the US for a total of at least five years prior to the birth of the child. Further, at least two years out of this five-year period must have been after the parent reached age 14 (e.g., no good if you lived in the US from birth till age five, then left the country never to return). From 24 December 1952 to 14 November 1986, the minimum requirement was ten years (five years of which had to have been after the parent's 14th birthday).

This appears to say at least 2 years AFTER the age of 14. Not sure if you have been in the US the 5 years, but I hope this helps.

Good luck to you,

Gayla and Antonio

[qap3 0]

For you to be able to pass citizenship on to your children you have to have lived for 5 years in the U.S., 2 of which are before you are 14 (or something like that).

Informative

This is what I found.. bewarned I am googling without the benefit of coffee : )

For children born abroad since 14 November 1986 to a married couple consisting of one US citizen and one non-citizen, the American parent must have been "physically present" in the US for a total of at least five years prior to the birth of the child. Further, at least two years out of this five-year period must have been after the parent reached age 14 (e.g., no good if you lived in the US from birth till age five, then left the country never to return). From 24 December 1952 to 14 November 1986, the minimum requirement was ten years (five years of which had to have been after the parent's 14th birthday).

This appears to say at least 2 years AFTER the age of 14. Not sure if you have been in the US the 5 years, but I hope this helps.

Good luck to you,

Gayla and Antonio

Thanks for the clarification Unfortunately I am still not even close... I have lived in the U.S. for a total of 8 months in my life.

[canadian_wife 1,822]

Getting your baby a Canadian passport and traveling as a visitor with your wife (who has her green card by then hopefully) is the best advice I have for you. What alternatives do you have? Have your wife wait in Canada until the baby's I-130 is processed? Try and get your VERY pregnant wife into the US to deliver (unlikely). Leave your baby with relatives so your wife can stay with you on her Cr-1?

None of the alternatives seem very pleasant to me.

You're in a very unfortunate situation and I am sorry for that, you received bad advice from someone you trusted

Good luck

[qap3 0]

Getting your baby a Canadian passport and traveling as a visitor with your wife (who has her green card by then hopefully) is the best advice I have for you. What alternatives do you have? Have your wife wait in Canada until the baby's I-130 is processed? Try and get your VERY pregnant wife into the US to deliver (unlikely). Leave your baby with relatives so your wife can stay with you on her Cr-1?

None of the alternatives seem very pleasant to me.

You're in a very unfortunate situation and I am sorry for that, you received bad advice from someone you trusted

Good luck

Oh I have no problem with doing as you say. If the baby could come in on a visitor's visa it would be great! I was just assuming they would not be able to - since my wife had to get the green card.

On a side note, the only plausible alternative I have come up with is working remotely in Canada while waiting. Because as you say, the rest of the possibilites suck.

[canadian_wife 1,822]

Just remember, your wife's visa is good for 6 months

Good luck - get the I-130 ready so you can file ASAP when the child is born and you have the birth certificate