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US Passport on VWP

By vjb in US Citizenship General Discussion

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vjb Contributor

vjb   1

Posted
Filed: Timeline
Posted

I've tried USCIS and Passport helplines but I can't get a straight answer!

My 5 month old daughter and I came into the US from UK on VWP. At immigration they asked me who her father (a US citizen) and why she didn't have a US Passport (his name was not on her birth certificate). We ended up getting married and mailed papers back to the UK to get his name included on her birth certificate. I am about to send off my forms for AOS and I-130. The passport office said to send in my daughters passport with the I-94 and birth certificate to apply for her US passport. We only have 2 weeks left on our 90 day VWP and we are still waiting on the updated birth certificate from UK. What happens if I send it off and her 90 days expires whilst waiting for the US passport. They told me she would be out of status and liable for deportation but didn't actually tell me if it was still possible to do.

Anyone have any ideas? :(

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zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted
I've tried USCIS and Passport helplines but I can't get a straight answer!

My 5 month old daughter and I came into the US from UK on VWP. At immigration they asked me who her father (a US citizen) and why she didn't have a US Passport (his name was not on her birth certificate). We ended up getting married and mailed papers back to the UK to get his name included on her birth certificate. I am about to send off my forms for AOS and I-130. The passport office said to send in my daughters passport with the I-94 and birth certificate to apply for her US passport. We only have 2 weeks left on our 90 day VWP and we are still waiting on the updated birth certificate from UK. What happens if I send it off and her 90 days expires whilst waiting for the US passport. They told me she would be out of status and liable for deportation but didn't actually tell me if it was still possible to do.

Anyone have any ideas? :(

If she is a Citizen.. it doesn't matter... She is entitled to be in the US as a US Citizen. She just needs the proof of such in the form of a passport. You just have to wait for the updated BC so that you can apply for her passport as a USC...

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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lucyrich Proficient

lucyrich   20

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

A US Citizen cannot be out of US immigration status while inside the US.

If her father is a US Citizen, and if her father met the US residency requirements needed to transmit citizenship (basically, lived in the US for five years, at least two years of which were after his 14th birthday), then the child is a US Citizen, and has been a US Citizen since birth. You apparently don't yet have complete documentation of that citizenship, but that doesn't change the fact that it exists and has existed since birth.

Remember that you're documenting an existing citizenship, not applying for a new citizenship or status. If you can prove that she has a US Citizen parent that meets the residency requirement, that's all you need to do to establish that she is a citizen and has been such since birth. If she is and has been a citizen, she doesn't have to meet any admissibility requirements, have a past criminal record checked, or worry about previous overstays.

If some bureaucrat makes an error and starts to try deportation proceedings, you might want a lawyer to help you prove right away that deportation should be dropped on the grounds that she's a US Citizen. But it seems unlikely that things would get very far before she has a passport in hand.

See paragraph (g) of INA 301

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted

You'll be leaving within the 90-day window anyway, right? You have to return to the UK and wait for your K3 to be approved...

Or am I missing something?

Jen

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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