US Citizen child will be born outside US

[Edward Dizon 0]

Hello to all

I have a fiance in the Philippines and last week we learned that we are pregnant the hard thing was we aren't really expecting for a baby. We're suppose to get married next year and file a petition and apply for CR-1 visa. In our case we don't think we can get married before the child will be born. In my own case I acquired my US citizenship by birth and I was born in the Philippines my father was a US citizen and my mother isn't but they were married. So I don't know if it changes the case if you weren't married. Will the child be a US citizen by birth or do I have to file a separate petition to my baby and my fiance? I appreciate for the guide and suggestion thank you!

Ed

[Harpa Timsah 13,258]

Look up "Consular Report of Birth Abroad."

[bsd058 296]

Hello to all

I have a fiance in the Philippines and last week we learned that we are pregnant the hard thing was we aren't really expecting for a baby. We're suppose to get married next year and file a petition and apply for CR-1 visa. In our case we don't think we can get married before the child will be born. In my own case I acquired my US citizenship by birth and I was born in the Philippines my father was a US citizen and my mother isn't but they were married. So I don't know if it changes the case if you weren't married. Will the child be a US citizen by birth or do I have to file a separate petition to my baby and my fiance? I appreciate for the guide and suggestion thank you!

Ed

First you have to be eligible to transmit US citizenship. Click here: http://travel.state.gov/law/citizenship/citizenship_5199.html

Edited January 18, 2013 by bsd058

[Penguin_ie 5,994]

*** Moving from Bringing Family to CRBA ***

How many years have you lived in the USA?

[Edward Dizon 0]

*** Moving from Bringing Family to CRBA ***

How many years have you lived in the USA?

4 years

[Penguin_ie 5,994]

Ah... then I am afraid you don't make the cut-off: you need to have lived 5 years in the USA to transfer citizenship to the child upon birth, 2 of the 5 years after age 14. You might want to double count, and remember that if you are currently in the USA, any time between now and the birth counts too.

If you didn't make the 5 year cut off, you can petition the child for an immigrant visa and s/he will become a citizen upon arrival in the USA.

[bsd058 296]

Ah... then I am afraid you don't make the cut-off: you need to have lived 5 years in the USA to transfer citizenship to the child upon birth, 2 of the 5 years after age 14. You might want to double count, and remember that if you are currently in the USA, any time between now and the birth counts too.

If you didn't make the 5 year cut off, you can petition the child for an immigrant visa and s/he will become a citizen upon arrival in the USA.

For more information on this, please refer to the Child Citizenship Act of 2000. See here: http://travel.state.gov/visa/immigrants/types/types_1312.html

[Edward Dizon 0]

Ah... then I am afraid you don't make the cut-off: you need to have lived 5 years in the USA to transfer citizenship to the child upon birth, 2 of the 5 years after age 14. You might want to double count, and remember that if you are currently in the USA, any time between now and the birth counts too.

If you didn't make the 5 year cut off, you can petition the child for an immigrant visa and s/he will become a citizen upon arrival in the USA.

But by the time the child will born i will be 5 years in US will that be sufficient? if not what other options do I have? If I couldn't do the transfer of the citizenship can the child be petition together with my fiance?

[aaron2020 11,651]

But by the time the child will born i will be 5 years in US will that be sufficient? if not what other options do I have? If I couldn't do the transfer of the citizenship can the child be petition together with my fiance?

If your child is born after you lived in the US for 5 years, then you meet the 5 years residency requirement at the time if your child's birth so your child would be a US citizen. You would need to file with the US Embassy for a CRBA and US passport. All your child needs is the US passport proving US citizenship which entitles him/her to live in the US.

[Edward Dizon 0]

what if for some reason the baby was born a day before i will turn 5 years in US how strict are they? do the let it go or it's absolute?

[aaron2020 11,651]

what if for some reason the baby was born a day before i will turn 5 years in US how strict are they? do the let it go or it's absolute?

Very strict. One day too early is one day too early. 4 years and 364 days does not equal 5 years.

If your child is born before you meet the 5 years residency requirement to pass on US citizenship, then your child will not be a US citizen. As a non-US citizen, your child will need a visa. Your child can come as a K-2 with his mother.