1-130 for child birth abroad

[sohails 0]

Hi, I am planning to get US citizenship for my daughter who was recently born abroad, I am a US Citizen married to non US citizen and have not lived in US for five years, So after reading all forums and us immigration site, I have learnt that i will have to file 1-130 for her to get green card first...

I would like to ask two questions if anyone could help

1) Approx how much time will be required from filling 1-130 to getting her immigrant visa ?

2) After getting her immigrant visa and visiting USA, how much time is required to get US passport?

I know for spouse its normally 3 to 5 years, but i have heard for child its shorter process?

Could someone help

thanks

[mbarima 5]

THE PROCESS WILL TAKE UP TO 3 MONTHS OR MORE TO GET IT APPROVED BEFORE TRANSFER TO VISA SERVICE CENTER

[ppihtr123 68]

wait...you have been out of the US for 5 years BUT how old are you?

The requirement is for you to have been in the US for 5 years prior to birth of your child but NOT THE LAST 5 YEARS.

Per:http://travel.state.gov/law/citizenship/citizenship_5199.html

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
   • the person is legitimated under the law of his/her residence or domicile,
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Edited May 3, 2013 by ppihtr123

[SerenityNOW 11]

Hi, I am planning to get US citizenship for my daughter who was recently born abroad, I am a US Citizen married to non US citizen and have not lived in US for five years, So after reading all forums and us immigration site, I have learnt that i will have to file 1-130 for her to get green card first...

I would like to ask two questions if anyone could help

1) Approx how much time will be required from filling 1-130 to getting her immigrant visa ?

2) After getting her immigrant visa and visiting USA, how much time is required to get US passport?

I know for spouse its normally 3 to 5 years, but i have heard for child its shorter process?

Could someone help

thanks

Depending on the answer to the post above... if you aren't eligible to file for a Consular Report of Birth Abroad because you never lived in the U.S. for more than five years (two of them after the age of 14):

1) Highly variable, there is another current thread with this same question and the estimates were from 5.5 months to a year... There can be delays at any stage unfortunately - but if all goes well, 7-8 months is a reasonable estimate. That is what I planned on, and we got through more quickly than that.

2) To get your daughter's passport, you will just apply with the requested documentation as soon as the baby arrives in the U.S.... I think it takes about a month to arrive. Check in the naturalization forum here; they should have a thread going for people who have applied for passports and you can see how long it is taking now.

(Oh, maybe you were asking how long does she have to live here before she can apply?? She will automatically become a US Citizen when she enters the country, so there is no wait time for children under 18 with a USC parent. Info here: Child Citizenship Act of 2000).

[sohail01 0]

thankyou all for your replies

[sohail01 0]

Depending on the answer to the post above... if you aren't eligible to file for a Consular Report of Birth Abroad because you never lived in the U.S. for more than five years (two of them after the age of 14):

1) Highly variable, there is another current thread with this same question and the estimates were from 5.5 months to a year... There can be delays at any stage unfortunately - but if all goes well, 7-8 months is a reasonable estimate. That is what I planned on, and we got through more quickly than that.

2) To get your daughter's passport, you will just apply with the requested documentation as soon as the baby arrives in the U.S.... I think it takes about a month to arrive. Check in the naturalization forum here; they should have a thread going for people who have applied for passports and you can see how long it is taking now.

(Oh, maybe you were asking how long does she have to live here before she can apply?? She will automatically become a US Citizen when she enters the country, so there is no wait time for children under 18 with a USC parent. Info here: Child Citizenship Act of 2000).

Thanks for the info, so i assume first step is filing 1-130 as i am not eligible for birth abroad as i have not lived for 5 years in USA