Will this baby born abroad have U.S. citizenship?

[maeve808 5]

I'm posting this question for a friend of mine who is currently located in Europe. She is a dual U.S./German citizen, is pregnant and wondering if the baby will be a dual U.S./German citizen. She is married but not to the baby's father. Also, she has only been a U.S. citizen for about a year now and right after obtaining U.S. citizenship moved to Europe.

[Penguin_ie 5,993]

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

How long did she live in the USA? I'll depend on that.

[Boiler 45,434]

Not through her.

[maeve808 5]

Sorry, I forgot to mention that she had been living in the U.S. for 9 years in total (3 years as a student, 6 years as a Permanent Resident, and 1 week as a U.S. citizen).

[Penguin_ie 5,993]

Not through her.

Why not?

Given that she spend more than 5 years in the USA, I say yes: http://travel.state.gov/travel/living/living_5497.html

[aaron2020 11,651]

The baby is a US citizen. Tell your friend to go file a CRBA at the local US Embassy to register her child as a US citizen.

[Boiler 45,434]

Why not?

Given that she spend more than 5 years in the USA, I say yes: http://travel.state.gov/travel/living/living_5497.html

For some reason this site will not let me paste but the info is all on that link.

[newacct 688]

Why not?

Given that she spend more than 5 years in the USA, I say yes: http://travel.state.gov/travel/living/living_5497.html

Actually, since it's a baby born out of wedlock to a U.S. citizen mother, the requirement is one continuous (uninterrupted) year of presence in the U.S.

[Boiler 45,434]

As I said, click through on the links previously given for the actual requirements.

[aaron2020 11,651]

Actually, since it's a baby born out of wedlock to a U.S. citizen mother, the requirement is one continuous (uninterrupted) year of presence in the U.S.

Actually, it's more complicated than that.

The mother is actually married - just not to the father. So, the baby was born while mom was married which means the child was born in wedlock. It just happens that the husband is not the father.

The reason is that the law does not account for a situation like this - a married woman who has a child that is not her husband's.

So, it does create a conflict.

Edited August 20, 2013 by aaron2020

[Ozz777 23]

If she's married when giving birth, she has to prove 5yrs presence in the US, if unmarried only 1yr. It doesn't seem to matter who she is married to or that he be the child's biological father.

[maeve808 5]

Thanks all for your replies. Your input helped a lot. Since she has spent 9 uninterrupted years in the U.S. she fulfills both the 1-year and 5-year requirements. I also found another useful link where under Part C 1 it says that "a parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen."

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html#S-C

Edited August 20, 2013 by maeve808