Q: Caridn & Huong

[Anh map 2,098]

This "auto citizenship" you mention takes some work on your part. No one magically shows up with a US passport for the child. And you can't bring the child onto the plane without a passport. Follow the link that I gave you before to learn what you and your wife must do in order to obtain the US passport for the child.

Your household count does not apply to your joint sponsor in this case. Their household count plus your wife is what matters. You, your current child, and the newborn do not need to be sponsored as you are all US citizens. Your wife is the only person being sponsored here, NOT THE NEWBORN.

[Cardin 0]

Anh map thanks for the clarity I'm so relieved now

Time to prep

Cardin

[tanstaafl 1]

going there to stay another six month , after two months here.

sorry brain skipped words

Cardin

Sorry for the sidetrack question and for hijacking your post. I'm asking out of curiosity that how you were able to take a six month vacation? My boss was ####### (pardon my language) when I took only 2 weeks to visit her the first time. You took FMLA, unpaid, leave of absence?

[Cardin 0]

Cardin

Sorry for the sidetrack question and for hijacking your post. I'm asking out of curiosity that how you were able to take a six month vacation? My boss was ####### (pardon my language) when I took only 2 weeks to visit her the first time. You took FMLA, unpaid, leave of absence?

I work online doing webdevelopemebnt for corsetconnection.com and other various work of hers

Going there again in two month and stay till with cam leave with me else I'll be. Back this time next year for taxes again

[JimVaPhuong 4,863]

First, about the Child Citizenship Act of 2000. The act was primarily intended to allow children of naturalized citizens to derive citizenship from them. It requires:

1. The child is under 18 years old.

2. The child is present in the US.

3. The child is in the physical and legal custody of the US citizen parent.

4. The child was admitted as an immigrant.

If the child is already in the US, and already has a green card, then they automatically become a citizen on the day their parent becomes a citizen. If the child is outside the US and enters with an immigrant visa, and they are in the custody of their US citizen parent, then they become a citizen the moment they are admitted to the US. If they enter the US with a non-immigrant visa then their parent can file an I-130 and I-485 for them and they'll become a US citizen as soon as the I-485 is approved. Adjustment of status is equivalent to being admitted as an immigrant.

A child who is born to one or more US citizen parents has a claim to US citizenship at birth. A child with a claim to US citizenship is not eligible for any visa to the US. If the consulate finds out the child has a US citizen parent then it will insist on the CRBA. Otherwise, they would insist on permission from the non-custodial parent allowing the child to immigrate.

It would also be in your best interests NOT to pursue a visa for the child. Because of the citizenship eligibility, there's a 99% chance a visa would not be issued. In the rare instance the consulate erroneously approved a visa, the child would end up becoming a naturalized citizen rather than a citizen by birth. Besides the obvious stuff, like not being eligible to run for US president, a naturalized citizen can have their citizenship revoked - a citizen by birth cannot have their citizenship revoked. Do the CRBA.

Regarding the affidavit of support, an I-864A is only for a qualifying relative who is living in the same household as a sponsor (you) who submits an I-864, or is a dependent of the sponsor. The upside is that an I-864A allows that relative or dependent to combine income with the sponsor.

D.Q. probably misunderstood what you were implying. You CAN split sponsorship. However, the primary sponsor (you) must list every immigrant you are sponsoring. After that, you can have up to two joint sponsors, and each can sponsor only some of the immigrants. For example, if there were two immigrants then the primary sponsor would list both on his I-864, one joint sponsor could list one of them on their I-864, and a second joint sponsor could list the other one on their I-864. What you can't do is have the primary sponsor list one immigrant and a joint sponsor list another. The primary sponsor must agree to sponsor every immigrant they petitioned for. A joint sponsor can share that burden with another joint sponsor.

In your case, there is only one immigrant - your wife. You can't split a single immigrant among multiple joint sponsors. Your child doesn't need a sponsor, but it WILL be included in your household size.

[dtc 1]

First, about the Child Citizenship Act of 2000. The act was primarily intended to allow children of naturalized citizens to derive citizenship from them. It requires:

1. The child is under 18 years old.

2. The child is present in the US.

3. The child is in the physical and legal custody of the US citizen parent.

4. The child was admitted as an immigrant.

If the child is already in the US, and already has a green card, then they automatically become a citizen on the day their parent becomes a citizen. If the child is outside the US and enters with an immigrant visa, and they are in the custody of their US citizen parent, then they become a citizen the moment they are admitted to the US. If they enter the US with a non-immigrant visa then their parent can file an I-130 and I-485 for them and they'll become a US citizen as soon as the I-485 is approved. Adjustment of status is equivalent to being admitted as an immigrant.

A child who is born to one or more US citizen parents has a claim to US citizenship at birth. A child with a claim to US citizenship is not eligible for any visa to the US. If the consulate finds out the child has a US citizen parent then it will insist on the CRBA. Otherwise, they would insist on permission from the non-custodial parent allowing the child to immigrate.

It would also be in your best interests NOT to pursue a visa for the child. Because of the citizenship eligibility, there's a 99% chance a visa would not be issued. In the rare instance the consulate erroneously approved a visa, the child would end up becoming a naturalized citizen rather than a citizen by birth. Besides the obvious stuff, like not being eligible to run for US president, a naturalized citizen can have their citizenship revoked - a citizen by birth cannot have their citizenship revoked. Do the CRBA.

Regarding the affidavit of support, an I-864A is only for a qualifying relative who is living in the same household as a sponsor (you) who submits an I-864, or is a dependent of the sponsor. The upside is that an I-864A allows that relative or dependent to combine income with the sponsor.

D.Q. probably misunderstood what you were implying. You CAN split sponsorship. However, the primary sponsor (you) must list every immigrant you are sponsoring. After that, you can have up to two joint sponsors, and each can sponsor only some of the immigrants. For example, if there were two immigrants then the primary sponsor would list both on his I-864, one joint sponsor could list one of them on their I-864, and a second joint sponsor could list the other one on their I-864. What you can't do is have the primary sponsor list one immigrant and a joint sponsor list another. The primary sponsor must agree to sponsor every immigrant they petitioned for. A joint sponsor can share that burden with another joint sponsor.

In your case, there is only one immigrant - your wife. You can't split a single immigrant among multiple joint sponsors. Your child doesn't need a sponsor, but it WILL be included in your household size.

wow , i gotta look more in to this "child citizenship ac of 2000" , my father become a us citizen years ago ,way back when my brothers was like under 18 and greencard holders. if it is true that they can become us citizen as derive from my father citizenship then it will be great.

[Cardin 0]

First, about the Child Citizenship Act of 2000. The act was primarily intended to allow children of naturalized citizens to derive citizenship from them. It requires:

1. The child is under 18 years old.

2. The child is present in the US.

3. The child is in the physical and legal custody of the US citizen parent.

4. The child was admitted as an immigrant.

If the child is already in the US, and already has a green card, then they automatically become a citizen on the day their parent becomes a citizen. If the child is outside the US and enters with an immigrant visa, and they are in the custody of their US citizen parent, then they become a citizen the moment they are admitted to the US. If they enter the US with a non-immigrant visa then their parent can file an I-130 and I-485 for them and they'll become a US citizen as soon as the I-485 is approved. Adjustment of status is equivalent to being admitted as an immigrant.

A child who is born to one or more US citizen parents has a claim to US citizenship at birth. A child with a claim to US citizenship is not eligible for any visa to the US. If the consulate finds out the child has a US citizen parent then it will insist on the CRBA. Otherwise, they would insist on permission from the non-custodial parent allowing the child to immigrate.

It would also be in your best interests NOT to pursue a visa for the child. Because of the citizenship eligibility, there's a 99% chance a visa would not be issued. In the rare instance the consulate erroneously approved a visa, the child would end up becoming a naturalized citizen rather than a citizen by birth. Besides the obvious stuff, like not being eligible to run for US president, a naturalized citizen can have their citizenship revoked - a citizen by birth cannot have their citizenship revoked. Do the CRBA.

Regarding the affidavit of support, an I-864A is only for a qualifying relative who is living in the same household as a sponsor (you) who submits an I-864, or is a dependent of the sponsor. The upside is that an I-864A allows that relative or dependent to combine income with the sponsor.

D.Q. probably misunderstood what you were implying. You CAN split sponsorship. However, the primary sponsor (you) must list every immigrant you are sponsoring. After that, you can have up to two joint sponsors, and each can sponsor only some of the immigrants. For example, if there were two immigrants then the primary sponsor would list both on his I-864, one joint sponsor could list one of them on their I-864, and a second joint sponsor could list the other one on their I-864. What you can't do is have the primary sponsor list one immigrant and a joint sponsor list another. The primary sponsor must agree to sponsor every immigrant they petitioned for. A joint sponsor can share that burden with another joint sponsor.

In your case, there is only one immigrant - your wife. You can't split a single immigrant among multiple joint sponsors. Your child doesn't need a sponsor, but it WILL be included in your household size.

thanks for the clarity JimVaPhuong, I miss understood the act then. What I was implying or was thinking of was " http://hochiminh.usconsulate.gov/report_of_birth_abroad.html#4 " if I'm correct.

Also about the affidate of support. Great. So my income doesn't meet the 27k. But my household size of 4 will need sponsor.

so when I list I would only list my wife. My boss would list my wife too as well?

thanks

-)

Cardin