US Citizen living in Europe. Children?

[lllusionist 0]

Hi.

I was born to foreign parents in the US. A little less than a year after i was born, we moved back to my parents country. Because my parents were foreign and i were born in the US, i have citizenship in both countries. I have not lived in the US after that (though i've travelled there several times).

Before the election in 2008 i received an email from the embassy that stated the following:

'If you have been physically present in the U.S. for a total of 5 years (2 of the years after the age of fourteen), then your children have to claim to U.S. citizenship through you. If not, they will automatically acquire U.S. citizenship upon entry to the U.S. as a legal immigrant. Your wife may apply for U.S. citizenship once she has lived in the U.S. as a legal immigrant with you for 3 years.'

As i have not been in the US for a total of 5 years, i guess the "they will automatically acquire U.S. citizenship upon entry to the U.S. as a legal immigrant"-part is the one i should care about. So my question is - is there any age restrictions on this, and which visums makes one a 'legal immigrant'?

I hope any of you can answer me

[justashooter 430]

Hi.

I was born to foreign parents in the US. A little less than a year after i was born, we moved back to my parents country. Because my parents were foreign and i were born in the US, i have citizenship in both countries. I have not lived in the US after that (though i've travelled there several times).

Before the election in 2008 i received an email from the embassy that stated the following:

'If you have been physically present in the U.S. for a total of 5 years (2 of the years after the age of fourteen), then your children have to claim to U.S. citizenship through you. If not, they will automatically acquire U.S. citizenship upon entry to the U.S. as a legal immigrant. Your wife may apply for U.S. citizenship once she has lived in the U.S. as a legal immigrant with you for 3 years.'

As i have not been in the US for a total of 5 years, i guess the "they will automatically acquire U.S. citizenship upon entry to the U.S. as a legal immigrant"-part is the one i should care about. So my question is - is there any age restrictions on this, and which visums makes one a 'legal immigrant'?

I hope any of you can answer me

your best bet would be to either:

1.) return to US, file applications for immigrant visa for your wife and children as immediate relatives, and wait it out.

http://www.visajourney.com/content/dcf

or:

2.) stay in your current country and file DCF

http://www.visajourney.com/content/dcf

providing an intended address to which you will be bringing the family and a means of support tend to favour the 1st option, in my opinion. if you are independently wealthy, it makes no difference, as you can establish domicile in USA and provide sponsorship thru your resources.

[Anh map 2,098]

As shooter stated you would have to establish a domicile in the US and then petition for your children to immigrate to the US.

Here is a FAQ that does address some basics regarding establishing domicile. >>> http://travel.state.gov/visa/immigrants/info/info_3183.html#_Domicile This FAQ deals with the form I-864 affidavit of support which does require the petitioner/sponsor (which would be you in this circumstance) so I think it has relevance to your question.