Never given an I-94

[Myopia 93]

Hi,

Thanks very much for the comments.

We did do it electronically, you're right - I'll try to find a record of it to print out with the application.

I know we have a tight schedule - we are hoping to file this week. When you say accepted - do you mean officially received?

Regarding my son, we hoped he would be a US citizen automatically but have checked and seen the USCIS office and because my husband has not lived in the States since he was 14 for more than 2 years, our son doesn't qualify and we were told he has to get a green card to stay.

Thanks

Fiona

After two years of your husband living here, your son will be able to have American Citizenship as a derivative so even when you get the green card for the baby..keep that it mind.

I have children born abroad to an American. The difference being he was born in the US and remained here until adulthood.

All the best.

[TracyTN 237]

I was not addressing the I-130. Obviously, a bona fide marriage needs to exist. I was thinking about a decision on an I-485

Sorry - I misunderstood. You had mentioned the I 130 in the sentence just before that so I was confused.

This has, indeed, been my experience. However, sometimes damage is done before such a person is called on their remarks - happened to me...

UGH - yeah, that can happen. Which is why we can only hope that people do their own research, or let a little more debate happen in a thread before acting on their case.

[JimVaPhuong 4,863]

After two years of your husband living here, your son will be able to have American Citizenship as a derivative so even when you get the green card for the baby..keep that it mind.

I have children born abroad to an American. The difference being he was born in the US and remained here until adulthood.

All the best.

According to INA 301(g), the residency requirements have to be met prior to the birth of the child.

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who,

prior to the birth of such person

, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

I don't think you can retroactively bestow US citizenship on the child by trying to meet the residency requirements after the child is born.

[mof 15]

According to INA 301(g), the residency requirements have to be met prior to the birth of the child.

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who,

prior to the birth of such person

, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years

I don't think you can retroactively bestow US citizenship on the child by trying to meet the residency requirements after the child is born.

I think you are absolutely correct. The only way to bestow citizenship is immediately following birth - and I am not sure how much time you are allowed before you register your child with the US embassy in the country of birth. It took us several months but we were apparently clearly within the limit. It was also quite challenging to meet the requirements set by the embassy to prove citizenship of the mother - a passport, birth certificate, etc. were NOT enough. The USC also needs to meet a residency requirement, as mentioned above - which must be documented (high school transcripts, etc.).

[mof 15]

Sorry - I misunderstood. You had mentioned the I 130 in the sentence just before that so I was confused.

UGH - yeah, that can happen. Which is why we can only hope that people do their own research, or let a little more debate happen in a thread before acting on their case.

I have encountered this pretty much on all forums (some immigration lawyer forum excepted!). All I know is that it can be really confusing and disconcerting - needlessly so - when a new poster encounters such responses. I know that I went into "OMG-mode" and started to obsess...