Pregnancy and filing question

[Henia 11]

Just posting this out of curiousity... hyperthetical question. If a women were pregnant and filing a INS petition any petition K1,K3,CR/IR, DCF whatever... and she and her SO wanted that she have the baby in the SO's MENA country (not even talking about that healthcare is better here in the US, that is another topic) but they wanted the SO to be present at the birth. And the petition probably would not even get an interview, let alone approved by the due date... I assume this would make the petition even more complicated right? Then I *think* they have to file a K2 with the other petition. So my question is how much does this complicated/slow down the process? Or is there some kind of law that says that the mother is USC she can bring the child to the US without filing or minimal filing?

I posted this here, since 1, I am curious about MENA countries not others and 2, I did not know where else to ask this.

Thanks everyone!

[maryandatif 0]

Just posting this out of curiousity... hyperthetical question. If a women were pregnant and filing a INS petition any petition K1,K3,CR/IR, DCF whatever... and she and her SO wanted that she have the baby in the SO's MENA country (not even talking about that healthcare is better here in the US, that is another topic) but they wanted the SO to be present at the birth. And the petition probably would not even get an interview, let alone approved by the due date... I assume this would make the petition even more complicated right? Then I *think* they have to file a K2 with the other petition. So my question is how much does this complicated/slow down the process? Or is there some kind of law that says that the mother is USC she can bring the child to the US without filing or minimal filing?

I posted this here, since 1, I am curious about MENA countries not others and 2, I did not know where else to ask this.

Thanks everyone!

If one of the parents is an American Citizen, the child will be an American Citizen. Just need to contact the American Consulate and registar the birth with the Consulate and get a Registar of Birth Abroad Certificate. No need for a K-2 visa to be filed for. As long as the USC is present in the country and and get to the US Consulate or Embassy.

I helped a Friend file for his wife and thier child was born in her country, but he was their at the time of the birth and did this....so his child came over with a US Passport.

If I am wrong...SOMBDOY WILL correct me...

Mary K.

[sophyie 0]

I found this: (it's from the Paraguay embassy site because that was the first one that came up on google :

http://paraguay.usembassy.gov/birth_abroad.html

Birth Abroad

When Americans have a baby abroad, they should file for a Consular Report of Birth Abroad (the equivalent of a U.S. Birth Certificate) at the Embassy as soon as possible to register the child’s birth with the U.S. Government and to obtain a U.S. Passport for the child.

WARNING: False statements made knowingly and willfully in passport applications, affidavits or other supporting documents are punishable by fine and/or imprisonment under the provisions of 18 USC 1001 and/or 18 USC 1542.

Which children are born American?

Children born outside of the U.S or its outlying possessions are U.S. citizens by law when:

- Both parents are Americans and one parent has resided in the U.S. or its outlying possessions prior to the child’s birth.

- The parents are married and one parent is a citizen and another an alien, IF the citizen parent was physically present in the U.S. for a period of five years, two of which occurred after the age of 14, and the child was born after 02.07 E.S.T. on November 14, 1986; or ten years, five of which occurred after the age of 14, if the child was born before 02.07 E.S.T. on November 14, 1986

- The child was born to an unmarried American citizen mother who has lived in the United States for at least one continuous year prior to the child’s birth.

In all of these cases, the physical presence of the American parent(s) in the United States prior to the child’s birth must be documented.

If your child was born under the above circumstances, he or she may be eligible for registration.

If the child’s father is American, the mother is an alien and the parents are not married the child must be legitimized by the biological father before the child’s 18th birthday. Documentation of this official and legal recognition must be provided, as well as an affidavit of paternity and a written agreement to provide financial support until the child’s 18th birthday. DNA testing may also be required. In such cases, we need all documents available in order to assist you.

Special note on adoptees: Occasionally, American citizens try to register the birth of adopted babies with the Embassy and attempt to obtain citizenship for the child in this way. Babies of other parents born and adopted abroad by American citizens are not born Americans and are not qualified for American passports. They must travel to the U.S. on immigrant visas. It is illegal to attempt to obtain U.S. passports by fraud.

[Henia 11]

Soooooo...how would that work? If a woman is pregnant for 9months, she had to have lived in the US 1 yr prior to the birth or the conception? And register her being in the SO's country US consulate? Sorry to sound dumb but I am still confused. I am going to re-re-read what you 2 wrote... LOL

[Mandolin_68 0]

Soooooo...how would that work? If a woman is pregnant for 9months, she had to have lived in the US 1 yr prior to the birth or the conception? And register her being in the SO's country US consulate? Sorry to sound dumb but I am still confused. I am going to re-re-read what you 2 wrote... LOL

Just as long as the mother has lived in the U.S. for a continuous year anytime in her life. If she is a U.S. citizen and lived in the U.S. from her 14th birthday to her 15th birthday that would be all she needs. I looked into this because I considered the idea of having my baby in Jordan so my fiance could witness the birth. I just told the U.S. embassy in Amman that I was pregnant and might be having the baby in Amman. They registered me in the computer and simply said to come back after the birth to get an abroad birth certificate to declare the child's U.S. citizenship.

[Henia 11]

O ok... another even stupider sounding question. If she is in the process of getting her USC, does her time in the US count as a PR count for the one year or does she really need to be USC for this to count? Sorry if I am annoying or confusing anyone.

[Saddle Bronc 124]

If the USC woman gives birth in another country, the child needs to be registered as USC through Consular Record of Birth Abroad.

The only issue is that she may need to get the ME/NA country visa--no functional affect on the USCIS petition.

For a PR woman wishing to file USCIS petition, the only one workable is the I-130--and FB-1 (spouse of PR) doesn't get all-that-quick an approval. She would have to be a USC to file K-1 (if unmarried) or K-3/CR-1 (married) petition. (note: this answer is general, not functionally related to cultural geography).

Edited January 23, 2007 by CherryXS

[sophyie 0]

O ok... another even stupider sounding question. If she is in the process of getting her USC, does her time in the US count as a PR count for the one year or does she really need to be USC for this to count? Sorry if I am annoying or confusing anyone.

That's a tough one.

I don't know.

My interpretation would be that you'd have to be USC and lived in the US before the birth of the baby (or maybe while pregnant?)

It's an interesting question... what happens to a baby if the mother is going through the process of becoming a USC- that would be worth a call at a US embassy or at the naturalization office (if there's such thing)...

[Saddle Bronc 124]

...

My interpretation would be that you'd have to be USC and lived in the US before the birth of the baby (or maybe while pregnant?)

It's an interesting question... what happens to a baby if the mother is going through the process of becoming a USC- that would be worth a call at a US embassy or at the naturalization office (if there's such thing)...

• if mum is in US at the time of birth, then baby is USC automatically (Mexican illegals have been known to cross the border to have "anchor babies")
  
• I can only answer for selected countries (such as Canada) if mum is outside US at the time of birth (but this could necessitate a very migrainey I-130 petition for the child).
  

Edited January 23, 2007 by CherryXS

[doodlebug 3]

what if the baby is born on the airplane in between the two countries?

[Saddle Bronc 124]

what if the baby is born on the airplane in between the two countries?

If the woman is not a USC, the baby may get citizenship based on the base-country of the airline.

A case like this actually occured 17 years ago, when a pregnant Indian Punjabi enroute to Canada on British Airways (on first leg of trip to London) gave birth inflight (while it was over RUSSIA). Child got British citizenship due to that.

[Henia 11]

Hmmm all very interesting information. I am sure more enlightened then before. And about the gving birth on the plane, for some reason I thought they did not allow 7+ months on international flights (I donnow where I heard this from )

Again, thanks for all the help!