Pregnant US Permanent Resident Vacationing in Canada

[CanadianMarie 0]

Hi everyone, I could really use some advice/opinions! I am a Permanent Resident (with a green card) originally from Canada, married to a US citizen. I'm living and working in the US with my American husband. We just bought a house, so we plan on remaining in the US forever, basically. I am now 7 months pregnant and would like to visit my family in Canada next week (for about 12 days). Obviously I plan on having my baby here in the US since this is where we live and intend to stay, and I want my baby to have US citizenship. What happens if something bad occurs and I give birth early while in Canada? Would my baby girl not have American citizenship? Would I have to get a green card for her? My pregnancy has been normal and healthy so far, so the chances are low, but of course a mother would worry about all the possibilities. Thanks so much for any input on this subject!

[Mrs_D 13]

Your husband could file for your baby as a U.S. citizen born abroad at the U.S. Embassy. Both of you would need to go to the closest U.S. Embassy with your daughter. The U.S. Embassy web sites have information about the process.

I had my daughter in Barbados in 2011 and that's what I did. It's a relatively simple process but in my case I had to endure 7 hours of interviews at the Embassy over 2 days so it was a bit stressful (probably due to high fraud rate I assume).

They might ask your husband for supplemental evidence that he's a U.S. citizen other than his passport and birth certificate. I had to provide several years worth of tax records (my father was able to FedEx my records to me that I had stored at their house). I'm told that others are asked for school transcripts. You will need to bring your daughter's birth certificate. Both names should be on the certificate. You can learn more by looking online.

Best wishes to you and your baby-to-be!

Edited August 2, 2013 by Mrs_D

[Merrytooth 5,748]

You file Consular Reports of Birth Abroad (CRBA) for your baby. Your baby will have US Citizenship.

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.

[atma 0]

Yes the child can have US citizenship through the father.

One way is a Counsular Report of birth abroad of a US Citizen. This you basically file this at the US embassy.Both parents have to sign it.You also can submit a US passport application for the child at the same time.Two weeks later you get the passport and the CRB.This document can be used as a US birth certificatefor things like school etc.I am getting ready to file the same thing as my daughter was born before our petition was approved and therefore was born overseas. .So timing was a bit off.

[CanadianMarie 0]

I'm travelling alone, my husband will be staying in the US while I'm visiting Canada. So I should have no trouble coming back into the US with my baby if she's born in Canada? And then I file for citizenship at the embassy once I return to the US with her?

[Merrytooth 5,748]

You file for Consular Report of birth abroad for your baby in US Consulate in Canada BEFORE returning to US with her.

Your husband should prepare all the necessary documents , just in case you really give birth in Canada.

See the documents required here: http://www.state.gov/documents/organization/156216.pdf

Please read through this forum to prepare yourself about the process:

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/