I'm so confused, living in the USA currently.

[jessicasybert 0]

Hello everyone,

I'm currently living with my husband (a us born citizen) in Georgia USA.

I'm a Canadian citizen and need to still file my papers in the spousal sponsorship process ( a whole other issue on it's own).

We have a daughter together who is still an infant, she has vaccinations coming up shortly and I was told that due to her being born to a US parent she is granted duel citizenship. ( He was living in the u.s.a all his life aside from 2 years).

When we went to file for her SSN we were told to obtain proof of this with the department of state. I was looking on their website and it explains how to obtain this proof from outside of the United States but doesn't clarify how to obtain necessary paperwork while actually residing within the States. I'm extremely confused and while I'm aware it would have been much easier to go forward with paperwork while in Canada our funds simply ran short there while trying to get his Canadian paperwork processed and we had to make the choice to move to the USA. It's been.. rough.. as I'm sure it has for the rest of you. My main concern is getting this paperwork for my child though.

Thanks for any help, it's greatly appreciated!

[Transborderwife 4,666]

If you're short on funds your adjustment of status is not going to be cheap. How long have you been here now?

As for your child, yes she's eligible for citizenship. You would file an N-600 for the child which costs $600. That would give a certificate of citizenship which could get the child a passport which I believe is $100. Had you stayed in Canada, filing a crba would've been the cheaper route.

Edited September 7, 2015 by Transborderwife

[Moustafa/Crystal 65]

Citizenship is not automatic for children born abroad. This site should be helpful... http://www.uscis.gov/us-citizenship/citizenship-through-parents

Once she has her US passport, she can take that along with her foreign born birth certificate to get SSA offices and apply for her SSN.

Looks like you need to adjust your status as I assume you are here on a tourist visa.

Good luck.

[*Forever*Always* 9]

Where was the baby born? The U.S.? Cuz if she was born in the U.S. You should be able to just have her birth certificate be enough for ssn

[jessicasybert 0]

Thanks all for the replies.

To answer a few questions no, she was born in Canada. That's the issue I'm running into right now.

As for funds and moving it was a last minute choice. The 900.00 for rent let alone food/bills etc in Canada was too much for me at the time. Now we are not required to pay that and can put those funds towards the paperwork. We couldn't pay for both back in Canada sadly.

Thank you for the form links and information it is actually a great starting point for me. My first step is to adjust her information and the next step is mine. I don't look forward to this long process (again) lol.

Thanks everyone

[newacct 688]

Citizenship is not automatic for children born abroad.

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

[Kastrs 723]

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

It is granted with CRBA for many US citizens living abroad. There are specific requirements to be met. In this case (since the OP states the USC has spent about 2 years outside of the US) they likely qualify. It is not automatic.

[MiaPA 12]

I was in the same situation as you years ago, my husband being the USC and me having our fist born son in Canada, when I came back into the US I went to the passport office and they gave me a sheet with documents I needed to give for my son's passport. Basically we needed proof of residency, husband's proof of citizenship, proof of our marriage prior to giving birth to our son (marriage certificate) my birth certificate and our son's long form birth certificate that lists both parents, cannot use the small blue certificate as that does not list parental info. It was about 6-7 yrs ago we did this so I am not sure if things have changed or not since then, best of luck.

[MiaPA 12]

In a general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Married to each other at the Time of Birth IF...

One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986

The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14^th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

• Serving honorably in the U.S. armed forces;
• Employed with the U.S. government; or
• Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

I think this is what Kastrs was referring too. It is the only thing I could find in regards to time being outside the US as the citizen parent.

[newacct 688]

It is granted with CRBA for many US citizens living abroad. There are specific requirements to be met. In this case (since the OP states the USC has spent about 2 years outside of the US) they likely qualify. It is not automatic.

It is not "granted". It is automatic and involuntary at birth if the conditions in the law are met, whether you like it or not. The CRBA can only be issued to people who are already citizens at birth. And whether you get a CRBA or not or a Certificate of Citizenship or not has no effect on your US citizenship.

Edited September 8, 2015 by newacct

[Alaska2012 462]

My husband who never have lived anywhere but in the US also had a hard time finding papers that could prove that. But he called his old high school and college and got transcripts from there stamped and sealed and that proved him beiing in the us for the years necessary when we did CRBA

[Moustafa/Crystal 65]

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

Edited September 11, 2015 by Moustafa/Crystal

[Moustafa/Crystal 65]

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

[Moustafa/Crystal 65]

Read this site...http://www.uscis.gov/us-citizenship/citizenship-through-parents

Clearly citizenship is not automatic at birth....as USCIS states: There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.

If it was automatic, it would not have to be obtained.

.

Wrong. US citizenship IS automatic at birth for almost all children born abroad to US citizens.

[newacct 688]

Read this site...http://www.uscis.gov/us-citizenship/citizenship-through-parents

Clearly citizenship is not automatic at birth....as USCIS states: There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.

If it was automatic, it would not have to be obtained.

.

It IS automatic and involuntary at birth, in the same way as people born in the US. Read INA 301. "The following shall be nationals and citizens of the United States at birth" Parts © and (g) cover birth to one or two US citizen parents outside the US, respectively. Even the page you linked to says "is a Citizen at Birth". You can look at any official site or manual and it will say the same thing.