Child born outside US

[irena.t 0]

Sorry for my english

Hi every one. I'm naturalized US citizen from august 2008. Now I'm in my country and I have a baby. My question is: what can I do to have my baby legal dokuments to fly with me to US?

Thank you!

[himher 634]

This is the summary for children born abroad (Mine was last year). It covers all circumstances as yours is unclear. The procedure is to apply for a consular report of birth abroad at the nearest US consulate. At the same time, a passport application should be turned in and within about (2) weeks the consulate will issue both. They advised us to apply for a SS card in the US so we got a SS card about 4 months later after we returned.

Basically, our daughter was born under #2, one USC and one alien parent. I had to show that I was physically present in the US for (5) years / 2 years after age 14. I got a local birth certificate, had it translated, filled out the applications, and turned in my passport, my wife's passport, our marriage docs, and the original/translated birth certificates for our daughter. We had an "interview" where they looked at (my) school records and old passports which clearly showed that I had been present in the US for (way) longer than the required time. They FedEx'd the docs / her passport to our foreign address. They made copies of all the original documents at the consulate and returned them immediately to us (our passports/marriage certs etc etc)

In summary, this qualifies children for UC citizenship when they are born overseas:

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301© of the Immigration and Nationality Act (INA) provided that one of the parents had a residence in the U.S. prior to the child’s birth.

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.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

Sorry for my english

Hi every one. I'm naturalized US citizen from august 2008. Now I'm in my country and I have a baby. My question is: what can I do to have my baby legal dokuments to fly with me to US?

Thank you!

[irena.t 0]

Yes, and we are #2, but I don't have 5 years in US. I do not have one month to become five years

[irena.t 0]

Please help me, I don't now - form I-130 or N-600 must use for my case?

[payxibka 10,045]

Neither.... Look to your consulate website for reporting the birth of a child abroad and the process and forms for doing this.

Edited June 22, 2010 by payxibka

[jazzly 3]

1. My wife is US citizen. She spent six years in US, got her citizenship and then we got married and she moved to Canada with me. She spent 5 years as Green Card Holder in US until she got her citizenship, and then lived there one more year as USC. Does it fulfill their requirement? Or does she have to have 2 years in US as USC before she can apply for my daughter?

2. My daughter is almost 3 year old and now we have an interview setup for her consular report of child birth to a USC. Can the US consulate object on why we didn't report the child birth before? We simply did not know that we have to until few weeks back.

3. My wife is taking the following to the interview:

US Passport

Daughter's Canadian Passport

copy of US naturalization.

Original Marriage Cert

Original Child Birth Cert

Tax return for six years in US.

College transcript and diploma of 2.5 years.

Pay stub for couple of months in two years that she worked there. Thats all we could find.

Copies of all of the above.

Application form

Proof of parentage form.

Are these enough for this application.

4. We are not applying for passport just yet. Is that OK?

Edited March 13, 2012 by jazzly