Baby Born in Canada to a US Citizen and Green Card Holder

[Cocacola7890 0]

Hello,

I Came to US in 2000 and now i am US Citizen from End of 2009. However I have moved to Canada in 2013 Visitor Visa and Still living in Canada. I have received the Canadian PR Card also. My Wife is a Canadian Citizen and She also has the Permanent Resident Card of US. We have given birth to baby in October 2016 in Canada. Can you please let me know if my child can get the US Citizenship or not? As I have not stayed in US for 5 years as a US Citizen. If not what is the other way to get Child US Citizenship.

Thanks

[Pitaya 2,577]

~Duplicate posing removed~

~Please refrain from multiple posting of same topic~

[JFH 12,190]

How can your wife be a permanent resident of the USA if she's living in Canada? And why do you need US citizenship for the child if neither of you live there?

[NikLR 13,228]

There is no route to citizenship for your child unless you move to back to the USA. Your wife likely used provincial health benefits so is not a PR of the USA (you must be a resident of a province to gain health benefits). Also if both of you have been living in Canada since 2013, I highly doubt she did anything to maintain her US domicile and residence. So you'd have to do the IR1 route, also petitioning your child, and when they come to the USA, are an LPR, and in your physcial custody, they can gain citizenship at that point.

[Mounat 74]

How can your wife be a permanent resident of the USA if she's living in Canada? And why do you need US citizenship for the child if neither of you live there?

OP is looking for answers, not questions.

[NikLR 13,228]

OP is looking for answers, not questions.

Questions can help provide more accurate answers.

[Mounat 74]

Questions can help provide more accurate answers.

Sure, but not this line of questioning.

OP already knows some things about the process here and in Canada. They're looking for a how-to on getting citizenship for their child, not why.

You gave good info.

[Cocacola7890 0]

My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?

[Kastrs 723]

My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?

No

Also, you are required by law to file taxes as a USC since you have income

[Boiler 45,717]

OP said she has a Permanent Resident Card, no mention of how long she has been in Canada.

[NikLR 13,228]

OP said she has a Permanent Resident Card, no mention of how long she has been in Canada.

The wife has probably lived in Canada as long as the OP has? 2013? It would be rather hard to have your spouse receive a Canada PR card and not live in Canada, even if you applied outland.

My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?

No just because your job is in the USA doesn't mean you're physically present there. Which is the requirement.

[aaron2020 11,651]

Hello,

I Came to US in 2000 and now i am US Citizen from End of 2009. However I have moved to Canada in 2013 Visitor Visa and Still living in Canada. I have received the Canadian PR Card also. My Wife is a Canadian Citizen and She also has the Permanent Resident Card of US. We have given birth to baby in October 2016 in Canada. Can you please let me know if my child can get the US Citizenship or not? As I have not stayed in US for 5 years as a US Citizen. If not what is the other way to get Child US Citizenship.

Thanks

Ignore the stupidity on here. You do not have to explain why you want US citizenship for your child. That's your business, not ours.

You do not need to have stayed in the US for 5 years as a US citizen to pass US citizenship on to your son. Your time as an LPR counts towards the 5 years. SInce you came in 2000, got your citizenship in 2009, and left in 2013, you meet the 5 years residency to pass on US citizenship to your son.

Google "CRBA US citizenship Canada."

Best of luck.

[KierenHby 899]

Off topic, OP's timeline lists an IR5 visa; is that a typo? Its CR1 for spouse LPR status.

Back to topic, baby needs CRBA.

[IcezMan_IcezLady 582]

I wonder how people dont get the citizenship question.

OP is a citizenship of USA and can live anywhere in the world and have a child in anywhere in the world and still pass on citizenship to his child period!

Go to the US embassy and report the birth of your child so that the child will be able to get a USA passport.

On a side note, I hope you have been paying your taxes. And your wife could lose her GC if she continues to live in Canada. GC is not a for living outside USA.

Congrats on the baby!

[NikLR 13,228]

2009 to 2013. Is someone not able to do math? The only way that would be 5 years is if the person was a citizen and present in the USA for all of 2009 and 2013. Which unless you become a citizen on Jan 1, 2009 and reside in the USA until Dec 31, 2013, it's impossible.

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 14th 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.

It is possible that the time spent visiting in Canada may be counted as residing in the USA if proof can be had of maintaining domicile in the USA and the PR card for Canada wasn't applied for during that time.

Unlike the USA, Canada allows you to move there with a spouse with the intent to immigrate. However, the PR card can take much longer to get inland.

Edited December 7, 2016 by NikLR