Migrating with the non-US citizen baby of a US citizen!

[marymarymary 0]

Hi all, I have found some great information on here so far, but I still have questions that I hope some of you can help me to answer!

 

I am a US citizen, and my husband is a European citizen. We plan to apply for a green card for him through London's DCF. We are also hoping to have our first baby soon, and plan for the baby to be born in the UK before we move to the US.

 

My question relates to bringing the baby to the US. The options that I have found are:

     1) file an i-130, and then go through the process of sponsoring the baby for a green card, OR

     2) file a N-600K, and then bring the baby to the US to be naturalized

The problem is that both options above will take 6-12 months to complete (counting from after the birth), and we need to move to the US for work asap!

 

I would love to hear some thoughts or ideas from the community on how to bring the baby to the US sooner.

In particular, I would like to know if it's possible to bring the baby to the US on a European passport using the VWP, and then apply for them to be naturalised using the N-600 form from inside the US. (I imagine that using the VWP would be difficult given that we're obviously planning on immigrating to the US).

 

Here's some extra useful information:

   - The baby will not have US citizenship at birth, because I don't meet the requirements for physical presence in the US

   - My US citizen mother (the child's grandmother) does meet the physical presence requirements, which is how the N-600/N-600k forms are an option for us

   - It seems to me that the baby will not be eligible for a "baby transportation letter" because the mother (me) is a US citizen, not a green card holder

 

Thanks for reading - I hope to see your replies!

Edited March 14, 2017 by marymarymary

[~*Amber*~ 4]

I don't know the answer but it seems a lot easier for the baby to be born in the USA. My husband is from England and our child was born in America. I read that you just register him with the UK. You fill out a form and pay like 250 pounds as long as his father was born in England.

 

Good luck and sorry I couldn't have been any help! 

Edited March 14, 2017 by ~*Amber*~

[marymarymary 0]

Just now, ~*Amber*~ said:

I don't know the answer but it seems a lot easier for the baby to be born in the USA.

Thanks Amber!

 

Unfortunately the costs of maternity care in the US are too high for us to afford - especially because I haven't been able to find an insurer who will cover maternity costs for someone who is already pregnant. (suggestions welcome!!)

 

On top of this, I would like my husband to be with us during or at least shortly after the birth, but with this green card application in progress, timing it would be difficult.

[USAMorocco 143]

If you are a us citizen than so is your baby.  Just follow procedures of getting the baby a US passport. You baby gets citizenship through you.  You don't have to apply to have the baby naturalized. Your husband however has to go through the immigration process which takes 12-18 months from my understanding to bring your spouse here. 

Edited March 14, 2017 by USAMorocco

[Boiler 46,135]

2 minutes ago, USAMorocco said:

If you are a us citizen than so is your baby.  Just follow procedures of getting the baby a US passport. You baby gets citizenship through you.  You don't have to apply to have the baby naturalized. Your husband however has to go through the immigration process which takes 12-18 months from my understanding to bring your spouse here. 

As per initial post:

 

The baby will not have US citizenship at birth, because I don't meet the requirements for physical presence in the US

 

We plan to apply for a green card for him through London's DCF.

[USAMorocco 143]

29 minutes ago, Boiler said:

As per initial post:

 

The baby will not have US citizenship at birth, because I don't meet the requirements for physical presence in the US

 

We plan to apply for a green card for him through London's DCF.

Ah ha missed that part ?

[Marco&Bettina 502]

1 hour ago, Boiler said:

As per initial post:

 

The baby will not have US citizenship at birth, because I don't meet the requirements for physical presence in the US

 

We plan to apply for a green card for him through London's DCF.

Still doesn't make sense to say "I am a US citizen" and then later "I don't meet the requirements for physical presence in the US."

[Boiler 46,135]

Just now, Marco&Bettina said:

Still doesn't make sense to say "I am a US citizen" and then later "I don't meet the requirements for physical presence in the US."

Makes perfect sense. I assume she knows when she was in the US.

[Marco&Bettina 502]

7 minutes ago, Boiler said:

Makes perfect sense. I assume she knows when she was in the US.

Somehow this one is over my head.

 

Edit: I mean that if she is a citizen, she always meets the requirements to have lawful presence in the US. Whenever she wants.

Edited March 14, 2017 by Marco&Bettina

[RRR2016 21]

5 hours ago, Marco&Bettina said:

Still doesn't make sense to say "I am a US citizen" and then later "I don't meet the requirements for physical presence in the US."

She is a U.S. citizen, but in order to apply for a Consular Report of Birth Abroad (CRBA), she has to prove her presence in the U.S. for a certain amount of years. I believe it is five years or varies per case.

 

'The Consular Report of Birth Abroad (CRBA) is a mechanism whereby a U.S. citizen who has a child while living abroad may apply to have his or her child become a U.S. citizen.  If you are a U.S. citizen and you have a child abroad, the child does not automatically become a U.S. citizen; rather, an application for CRBA must be made at the U.S. Embassy or Consulate in the country where you are residing'.

 

'Evidence of physical presence/residence The U.S. citizen parent must bring proof of living in the United States before the child’s birth in order to transmit citizenship'

 

 

 

The physical presence requirement for the U.S. citizen parent(s) differs depending on whether the child was born to parents in wedlock or out of wedlock.  The requirements are below:

 

Child born to two U.S. citizens in wedlock
The only requirement is that at least one of the parents resided in the U.S. at some prior time; no specific period of time is required.

 

Child born to one U.S. citizen and one non-U.S. citizen in wedlock after November 14, 1986
Before the birth of the child, the U.S. citizen parent must have been physically present in the U.S. for five years, at least two of which were after s/he reached age 14.

 

Child born to one U.S. citizen and one non-U.S. citizen in wedlock between December 24, 1952 and November 13, 1986
Before the birth of the child, the U.S. citizen parent must have been physically present in the U.S. for a period of 10 years, at least 5 of which were after s/he reached age 14.

 

Child born to a U.S. citizen mother out of wedlock
Before the birth of the child, the U.S. citizen mother must have resided in the U.S. continuously for at least one year.

 

Child born to a U.S. citizen father out of wedlock
Before the birth of the child, the U.S. citizen father must have resided in the U.S. for at least 5 years, at least two of which were after s/he reached age 14 (if the child was born on or after November 14, 1986).  If, however, the child was born between December 24, 1952 and November 13, 1986, the U.S. citizen father must have been physically present in the U.S. for a period of 10 years, at least 5 of which were after s/he reached age 14.  In cases where the Embassy questions the biological relationship between the U.S. citizen father and the child, the Embassy may require evidence of the relationship between the U.S. citizen father and the mother.  If documentary evidence cannot be obtained, a DNA test may be provided as evidence.  Sworn statements of the parents, by themselves, will not suffice to establish the biological relationship.

[Wuozopo 4,293]

9 hours ago, marymarymary said:

In particular, I would like to know if it's possible to bring the baby to the US on a European passport using the VWP, and then apply for them to be naturalised using the N-600 form from inside the US. (I imagine that using the VWP would be difficult given that we're obviously planning on immigrating to the US).

 

What about the last part of the Child Citizenship Act of 2000 https://travel.state.gov/content/adoptionsabroad/en/adoption-process/faqs/child-citizenship-act-of-2000.html

Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a certificate of citizenship if the following conditions are met.

• At least one parent of the child is an American citizen by birth or naturalization.
• The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child''s American citizen parent cannot meet the physical presence requirement, it is enough if one of the child''s American citizen grandparents can meet it.
• The child is under the age of eighteen.
• The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

 

Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) and go through the naturalization process.

 

 

Isn't a VWP entry a lawful entry? I don't know why the baby would be denied on an ESTA application for VWP unless he's a criminal, drug user, ever been denied a visa, etc. Do you mean they would deny entry and put the baby on the next plane home? Wow, that would be a photo op for the news reporters. 

[Wuozopo 4,293]

Or when is the baby due?  How about this? https://uk.usembassy.gov/visas/after-the-interview/child-born-after-visa-issuance/?_ga=1.81290391.1641113824.1489155735

 

Or

Who May File or Receive Service:
U.S. citizens meeting the UK Residency Requirement (valid UK Residency Card; EU passport; US military PCS orders) AND residing in the United Kingdom filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

 

The baby can DCF as well.

Edited March 15, 2017 by Wuozopo

[lacolinab13 86]

Are you already pregnant? When you wrote "hoping to have our first baby soon", it made me think that you were not yet pregnant. 

 

It seems that London DCF can be as short as 2-3 months. Since you want to move to the US ASAP for work, it makes sense to move now then have your pregnancy/birth in the USA. I understand that cost is an issue but I'm surprised to hear you aren't finding any plans that would cover you, since insurance companies can now not deny coverage due to pre-existing conditions, and pregnancy care is considered preventive care. Many states also have expanded Medicaid for pregnant women and children - you may qualify based on income level. Are you researching plans through the state insurance marketplace (ACA marketplace)? Have you looked at Medicaid? 

[Nauman sh 4]

15 hours ago, marymarymary said:

Hi all, I have found some great information on here so far, but I still have questions that I hope some of you can help me to answer!

 

I am a US citizen, and my husband is a European citizen. We plan to apply for a green card for him through London's DCF. We are also hoping to have our first baby soon, and plan for the baby to be born in the UK before we move to the US.

 

My question relates to bringing the baby to the US. The options that I have found are:

     1) file an i-130, and then go through the process of sponsoring the baby for a green card, OR

     2) file a N-600K, and then bring the baby to the US to be naturalized

The problem is that both options above will take 6-12 months to complete (counting from after the birth), and we need to move to the US for work asap!

 

I would love to hear some thoughts or ideas from the community on how to bring the baby to the US sooner.

In particular, I would like to know if it's possible to bring the baby to the US on a European passport using the VWP, and then apply for them to be naturalised using the N-600 form from inside the US. (I imagine that using the VWP would be difficult given that we're obviously planning on immigrating to the US).

 

Here's some extra useful information:

   - The baby will not have US citizenship at birth, because I don't meet the requirements for physical presence in the US

   - My US citizen mother (the child's grandmother) does meet the physical presence requirements, which is how the N-600/N-600k forms are an option for us 

   - It seems to me that the baby will not be eligible for a "baby transportation letter" because the mother (me) is a US citizen, not a green card holder

 

Thanks for reading - I hope to see your replies!

Ok, Onyl option will be to file CR Immigration like a normal spouse immi.

 

That is what's exactly me n my wife are facing. And our Baby's CR1 is in process . It takes like hell lot of time and you will get stuck in UK like we are in Pakistan as you cannot leave baby and go to US. So with all my sincerity i would advise not to commit the mistake of having baby outside US like we did.

 

You guys will get stuck for long time. So deliver your baby in US. No other option like transportation etc works

[Marco&Bettina 502]

11 hours ago, RRR2016 said:

She is a U.S. citizen, but in order to apply for a Consular Report of Birth Abroad (CRBA), she has to prove her presence in the U.S. for a certain amount of years. I believe it is five years or varies per case.

 

'The Consular Report of Birth Abroad (CRBA) is a mechanism whereby a U.S. citizen who has a child while living abroad may apply to have his or her child become a U.S. citizen.  If you are a U.S. citizen and you have a child abroad, the child does not automatically become a U.S. citizen; rather, an application for CRBA must be made at the U.S. Embassy or Consulate in the country where you are residing'.

 

'Evidence of physical presence/residence The U.S. citizen parent must bring proof of living in the United States before the child’s birth in order to transmit citizenship'

 

 

 

The physical presence requirement for the U.S. citizen parent(s) differs depending on whether the child was born to parents in wedlock or out of wedlock.  The requirements are below:

 

Child born to two U.S. citizens in wedlock
The only requirement is that at least one of the parents resided in the U.S. at some prior time; no specific period of time is required.

 

Child born to one U.S. citizen and one non-U.S. citizen in wedlock after November 14, 1986
Before the birth of the child, the U.S. citizen parent must have been physically present in the U.S. for five years, at least two of which were after s/he reached age 14.

 

Child born to one U.S. citizen and one non-U.S. citizen in wedlock between December 24, 1952 and November 13, 1986
Before the birth of the child, the U.S. citizen parent must have been physically present in the U.S. for a period of 10 years, at least 5 of which were after s/he reached age 14.

 

Child born to a U.S. citizen mother out of wedlock
Before the birth of the child, the U.S. citizen mother must have resided in the U.S. continuously for at least one year.

 

Child born to a U.S. citizen father out of wedlock
Before the birth of the child, the U.S. citizen father must have resided in the U.S. for at least 5 years, at least two of which were after s/he reached age 14 (if the child was born on or after November 14, 1986).  If, however, the child was born between December 24, 1952 and November 13, 1986, the U.S. citizen father must have been physically present in the U.S. for a period of 10 years, at least 5 of which were after s/he reached age 14.  In cases where the Embassy questions the biological relationship between the U.S. citizen father and the child, the Embassy may require evidence of the relationship between the U.S. citizen father and the mother.  If documentary evidence cannot be obtained, a DNA test may be provided as evidence.  Sworn statements of the parents, by themselves, will not suffice to establish the biological relationship.

Now it makes sense. Didn't know all that. Thanks for clarifying.