What if a baby is born during K-1 process?

[garya505 2]

heishe and Cass,

Not necessarily. There are some conditions that in some cases will mean the child is not a US citizen.

garya did not give enough information to determine whether or not the child will be a US citizen.

Yodrak

Any child of a US Citizen is automatically a US Citizen. .....

If the child is born to the biological parent of a US Citizen (either mother or father) than he/she is automatically a U.S. Citizen. .....

Cass (bebop the great)

Ah, well if the baby is the child of the beneficiary and petitioner I guess the baby would be the child of a USC, no?

[bebop + rocksteady 0]

Yodrak, I'm wondering if you could explain the conditions or point me in the direction of a link that explains them. I'm curious now.

Cass (bebop the great)

heishe and Cass,

Not necessarily. There are some conditions that in some cases will mean the child is not a US citizen.

garya did not give enough information to determine whether or not the child will be a US citizen.

Yodrak

[heishe 2]

There's some stuff about it on USCIS.gov. It's a little confusing, but looks like Yodrak might be right. I'm pretty sure I read somewhere else, though (maybe state.gov?) that the kids DO get automatic citizenship. Who knows? We will have to investigate this further.

Yodrak, I'm wondering if you could explain the conditions or point me in the direction of a link that explains them. I'm curious now.

Cass (bebop the great)

heishe and Cass,

Not necessarily. There are some conditions that in some cases will mean the child is not a US citizen.

garya did not give enough information to determine whether or not the child will be a US citizen.

Yodrak

[bebop + rocksteady 0]

Alright, I found this here:

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

A. a person born in the United States, and subject to the jurisdiction thereof;

B. a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

C. a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

D. a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

E. a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

F. a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

G. 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: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

H. a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899

Soooo, I spy time of residency/presence restrictions, if I'm reading correctly?

Cass (bebop the great)

Edited August 29, 2006 by bebop + rocksteady

[aussiewench 9]

Soooo, I spy time of residency/presence restrictions, if I'm reading correctly?

Cass (bebop the great)

[Yodrak 7]

garya,

Yes, the baby would be the child of a USC, but in some circumstances that's not enough to make the baby a USC.

Cass found the additional qualifications, which sometimes do come into play.

Yodrak

Ah, well if the baby is the child of the beneficiary and petitioner I guess the baby would be the child of a USC, no?

Edited August 29, 2006 by Yodrak

[garya505 2]

garya,

Yes, the baby would be the child of a USC, but in some circumstances that's not enough to make the baby a USC.

Cass found the additional qualifications, which sometimes do come into play.

Yodrak

Ah, well if the baby is the child of the beneficiary and petitioner I guess the baby would be the child of a USC, no?

It looks like the baby of an alien and a USC who lived in the US all his life would be a USC. Then the problem would be getting the baby into the US. So, you would just have to establish US citizenship of, and get a passport for, the baby.

Edited August 29, 2006 by garya505

[Kathryn41 3,205]

In spite of the effort of getting the baby's citizenship authenticated and a passport for travel, just think what excellent proof the baby provides that the petitioner and beneficiary have met in person within the last two years. (LOL)

[garya505 2]

In spite of the effort of getting the baby's citizenship authenticated and a passport for travel, just think what excellent proof the baby provides that the petitioner and beneficiary have met in person within the last two years. (LOL)

Ya, I wonder if they would allow the baby at the embassy interview?

[KarenCee 3]

You may be asked to prove that you did not have the baby to expedite the K1 process.

And as our "resident K1 expert" what makes you think something along those lines hmmmm?

[I'm Gone 60]

If a baby is born to the beneficiary&petitioner during the K-1 process,

Go lay down for a few hours before finishing the visa application. LOL