New Born

[Altiman14 0]

My Finacee and I are currently in the process of sending out the K-1 petition and will be denied due to her few month overstay and will require a Waiver shortly.. Anyway she is due with my son mid december and what she has read so far has given her the impression I need to physically be there to put my name on the birth certificate when the baby is born or within a month after birth.. Now me going to see my new born baby is no problem because I obviously would want and love to spend time with him and her but at the same time is it really necessary?? I mean what if I didnt have the money to go or couldnt get time off from work?? The baby needs to have dual citizenship for the one reason of me bringing him here if the waiver process takes longer then expected. I cant seem to realize why that would be necessary if she could just write my name herself on the certificate as the father and a DNA test to be done to prove it. I would love any answers because the waiver is going to be difficult itself and now it seems like its going to be an entirely different and difficult process to claim a new born child that is 100% mine and we both would like him to be raised in the US where he will live his entire life... Thanks everyone for any help

[belinda63 3,046]

You will need to file a CRBA to obtain the child's US passport. Here is the link to the embassy page with the instructions on how to do this.

[tom&tanya 48]

Ukrainian law does not allow dual citizenship.

[Altiman14 0]

So I dont have to go there? and what does that mean they dont allow dual citizenship? thats obserd, that baby will be my child and I am the dad AND I am a citizen of the United States of America.. Why is everything so difficult

[tom&tanya 48]

From Wikipedia:

Dual citizenship

Ukrainian Law currently does not recognise dual citizenship. Within Ukrainian boundaries Ukrainian citizens who also hold multiple citizenships are considered to be solely Ukrainian citizens.^[6]

“If a citizen of Ukraine acquires citizenship (nationality) of another state or states, then in legal relations with Ukraine he/she is recognized as the citizen of Ukraine only. If a foreigner acquires the citizenship of Ukraine, then in legal relations with Ukraine he/she is recognized as the citizen of Ukraine only...”

—Article 2. The law of Ukraine on citizenship of Ukraine

[tom&tanya 48]

Loss of citizenship:

The citizenship may be lost in the following cases.

• Voluntary: Voluntary renunciation of Ukrainian citizenship is permitted by law.
• Involuntary: The following are grounds for involuntary loss of Ukrainian citizenship:
  • Person voluntarily acquires a foreign citizenship.
  • Person enrolls for military service, security service, law enforcement activities, judicial bodies, or other bodies of state power of a foreign state

The decision on involuntary termination of Ukrainian citizenship can only be adopted by the President.

[tom&tanya 48]

Check out this page at the Embassy web site for Ukraine, I think it will help you a lot. http://ukraine.usembassy.gov/report-birth-abroad.html

(and congratulations!)

[Joe_&_Nadiya 1]

My Finacee and I are currently in the process of sending out the K-1 petition and will be denied due to her few month overstay and will require a Waiver shortly.. Anyway she is due with my son mid december and what she has read so far has given her the impression I need to physically be there to put my name on the birth certificate when the baby is born or within a month after birth.. Now me going to see my new born baby is no problem because I obviously would want and love to spend time with him and her but at the same time is it really necessary?? I mean what if I didnt have the money to go or couldnt get time off from work?? The baby needs to have dual citizenship for the one reason of me bringing him here if the waiver process takes longer then expected. I cant seem to realize why that would be necessary if she could just write my name herself on the certificate as the father and a DNA test to be done to prove it. I would love any answers because the waiver is going to be difficult itself and now it seems like its going to be an entirely different and difficult process to claim a new born child that is 100% mine and we both would like him to be raised in the US where he will live his entire life... Thanks everyone for any help

We had the same excatly situation with a coming newborn child, except overstaying. It's was in 2007, Kiev. Where is Olga from in Ukraine? What region? Our son was born in the last day of November. And by Ukrainian law you must register a child during a month after the birth. I don't remember exactly what happens if you don't do it in time,I think you must pay a fine and more pain. I don't remember. Anyway, both parents must present during child registration because you both have two different last names, you are not married yet and you are a foreign. We had a problem with translation. Administrator didn't want me to be a traslator during this process, and she didn't accept any notarized papers so that I can put our child's father's name without his appearance. it was insane. So we had to hire a licensed tranlator to help us, we were together and registred our son on the last day. Even my sister couldn't be a traslator for us. God, how it was... alright. Olga has to find out what she will need for registration in her area, if a father is a foreign. Do you have to hire a traslator, how we did, or will be enough a notarized paper or something else?

After this, it was so easy to apply for americian passport in Embassy, plus all K1 process was so smoothy and without any problems. I didn't get any interview in order to get a green card, only biometrics, which took me 2 minutes. of course I had a visa interview in Kiev. But you won't need anyhting, nothing to bring your son over here, into the USA. No problems on the customs. I think it will be the great plus to get approved on her K1 visa because of a common child, specially if a baby has already an American citizenship. We applied for a passport during winter holidays, when all Embassy was closed, but they always open for any emergency situations. We were not alone when we got inside. In a month I have got a passport.

http://ukraine.usemb.../passports.html

http://ukraine.usemb...t-passport.html

After reading all these links, you will understand why you have to come in Ukraine and finish all this process. You both will have to be in the Embassy to apply for a baby's passport. For us, it was the easiest and fastest way to do it together.

Being here, in the USA, we just applied for baby's SSN. And that's all.

Nadiya.

Edited November 4, 2010 by Joe & Nadya

[Altiman14 0]

Olga is in Ternopil..The baby is due December 15th but you know how that goes it could come a week before or 2 to 3 weeks after, so I am planning on going to Ukraine at the end of December for 2 weeks so basically right after Christmas into the American new year and my birthday (Jan. 3rd) to register the child with my last name. We shouldnt need a translator because both of us will be present and she knows both languages fluently. Olga has said they wont take any notarized papers which means I have to be present so thats why im going to go. I just think its ridiculous they wont accept any notarized and legal papers.. Seems like they dont trust or believe anyone!!! I hate it! I know the baby will be able to come back to the US with me after we do all that in person but I refuse to take him away from his mom (my fiancee) Olga.. I will only do that if it gets to be over a year old and our papers havent made any progress because eventually that baby and Olga will spend there life in America so if it gets to be a certain age I will have to take him from her but knowing she will be here shortly with him.. I just hope somehow someway when we go to the embassy they realize we are petioning for the K-1 and realize she overstayed but somehow find it in them to let both of them come back for 90 days so I can marry her like it should be! That would be a perfect world and situation but will never happen.. It sucks an overstay has such huge penalties and she didnt even intend to do it in the first place... Anyway I appreciate the great info and you basically read our minds about everything and im happy everything is working out for you guys.. Do you think me being present at the embassy to register the child with her will have any advantage to our situation or am I really just thinking of a perfect senerio?

[Boiler 45,997]

K-1 petition and will be denied due to her few month overstay and will require a Waiver shortly

You do not get a ban for a few months, has to be at least 180 days.

[Joe_&_Nadiya 1]

Olga is in Ternopil..The baby is due December 15th but you know how that goes it could come a week before or 2 to 3 weeks after, so I am planning on going to Ukraine at the end of December for 2 weeks so basically right after Christmas into the American new year and my birthday (Jan. 3rd) to register the child with my last name. We shouldnt need a translator because both of us will be present and she knows both languages fluently. Olga has said they wont take any notarized papers which means I have to be present so thats why im going to go. I just think its ridiculous they wont accept any notarized and legal papers.. Seems like they dont trust or believe anyone!!! I hate it! I know the baby will be able to come back to the US with me after we do all that in person but I refuse to take him away from his mom (my fiancee) Olga.. I will only do that if it gets to be over a year old and our papers havent made any progress because eventually that baby and Olga will spend there life in America so if it gets to be a certain age I will have to take him from her but knowing she will be here shortly with him.. I just hope somehow someway when we go to the embassy they realize we are petioning for the K-1 and realize she overstayed but somehow find it in them to let both of them come back for 90 days so I can marry her like it should be! That would be a perfect world and situation but will never happen.. It sucks an overstay has such huge penalties and she didnt even intend to do it in the first place... Anyway I appreciate the great info and you basically read our minds about everything and im happy everything is working out for you guys.. Do you think me being present at the embassy to register the child with her will have any advantage to our situation or am I really just thinking of a perfect senerio?

You are welcome! Well, I don't know about the western part of Ukraine, we registered our son in Kiev, where he was born. But it sounds like it's everywhere in Ukraine. They don't accept any papers. I also speak both languages fluently, but it didn't help. It was my business and my interests..I am an interested person, that's why they didn't allow me to be a translator. Neither papers nor to be a translator myself, yes, it's ridiculous! I am agree with you, but you can nothing with that, just follow their rules. So be ready to anything and find a traslator right now. And a translator must have a lincense or certificate from the company. It must be official. We had insane laugh about all this ridiculous situation. When we asked a company to provide this paper that a translator has a degree and has right to make any traslations, they were suprised and didn't understand why they have to give this letter with seal and signature. Oh well. It worked out well with that. it's my advice to avoid further unpleasant surprises right now. You won't have enough time for anything because everything will be closed on holidays. Trust me. We hardly found a traslator because all translations office were closed till Jan 7th. They were on holiday. We went to the Embassy Jan 5th and could apply for a passport. You have to remember, we lived in Kiev, Embassy is in Kiev, but Olga is from Ternopil, you must travel in winter plus holidays, our Ukrainian winter! make it in your mind. In the Embassy, you don't need translator's services. You must be together, everywhere, less pain #### and headaches. Be sure that you have ALL documents, even you think you might not need it. We carried all, all.. because it's Ukraine, their insane laws.

About your process, the first is to get a baby's passport.. then start your process K1. It will be a big plus for her to get appproved. When you both will be in the Embassy, to apply for a passport, ask everything about your situation, about her overstaying. I don't think they will deny because you are almost a family, just in a civil marrige. But you send to USCIS, then your documents go to NVC and only that they will be sent to the Embassy. You don't know what will happen in USCIS or NVC, child's passport has to help you a lot!

Check out timeline and you will see all our process. :)We did the same, the first it was a passport, then started all process and in a year we were together. We flew to the USA together, it was the easiest way to get us here. It will hurt you because you won't be able to see your son every day, but in the end you will see the light in the end of tunnel. If you want to take a child and bring him without a mother, it will be tough because you will need to provide many documents "WHY" the mother is not here, does she knows and blah blah blah on any customs. We were asked a child birth certificate, his passport, our passports. Crazy, isn't it?

Nadiya.

Edited November 5, 2010 by Joe & Nadya

[Gary and Alla 3,694]

My Finacee and I are currently in the process of sending out the K-1 petition and will be denied due to her few month overstay and will require a Waiver shortly.. Anyway she is due with my son mid december and what she has read so far has given her the impression I need to physically be there to put my name on the birth certificate when the baby is born or within a month after birth.. Now me going to see my new born baby is no problem because I obviously would want and love to spend time with him and her but at the same time is it really necessary?? I mean what if I didnt have the money to go or couldnt get time off from work?? The baby needs to have dual citizenship for the one reason of me bringing him here if the waiver process takes longer then expected. I cant seem to realize why that would be necessary if she could just write my name herself on the certificate as the father and a DNA test to be done to prove it. I would love any answers because the waiver is going to be difficult itself and now it seems like its going to be an entirely different and difficult process to claim a new born child that is 100% mine and we both would like him to be raised in the US where he will live his entire life... Thanks everyone for any help

HAVE the money to go and HAVE the time off work. Some things in life take priority. Make it happen.

You do not get a ban for a few months, has to be at least 180 days.

He posted earlier, it was more thah 180 days.

[Gary and Alla 3,694]

Loss of citizenship:

The citizenship may be lost in the following cases.

• Voluntary: Voluntary renunciation of Ukrainian citizenship is permitted by law.
• Involuntary: The following are grounds for involuntary loss of Ukrainian citizenship:
  • Person voluntarily acquires a foreign citizenship.
  • Person enrolls for military service, security service, law enforcement activities, judicial bodies, or other bodies of state power of a foreign state

The decision on involuntary termination of Ukrainian citizenship can only be adopted by the President.

There is some discussion about this now. Yushenko, then President "adopted" this ...whatever...situation. Some argue that it is no longer in affect and the new President has not adopted this. At any rate, the removla of the Ukrainian citizenship is NOT automatic, it takes some action by the government. Since the purpose of the shenanigan to begin with was tweaking Russia's nose, which the new government does not feel the need to do, the whole thing may be a tempest in a teapot. I wouldn't worry about it in any case.

[Brother Hesekiel 2,236]

Again, I'm not a expert in Ukrainian law, but even when reading the previous posts I cannot find a contradiction to my evaluation which would make the newborn a citizen of Ukraine and the US, based on jus sanguis of mother and father, as long as both parents are established and noted in the birth certificate.

The child does not choose another citizenship and certainly does not surrender Ukrainian citizenship based on the fact that his biological father is a US citizen which, according to US law, transfers US citizenship to him as well. The Ukrainians may not accept it, but the child can get a US passport anyway.

Now, some (few) countries demand that the child once he becomes an adult, has to choose which citizenship to keep, and I wouldn't be surprised if that's the case with Ukraine as well.

Final word of wisdom to the O.P.: you can't possibly have the slightest clue where the boy will want to live the rest of his life, as he isn't even born yet.

[Boiler 45,997]

http://www.richw.org/dualcit/faq.html

Sounds like the Ukranian view is very similar to the US one.