how I can bring my son and daughter

[sam1985 8]

Hello,

 

I hope someone can give me some advice 

 

I'm a USA citizen. I met my husband who is not a USA citizen in Sweden. We got married there and I stayed with him over there because he has a good job.

 

I got pregnant and I have a twin, boy, and girl. I went to USA embassy to give them my citizenship BUT I found out that I'm not eligible to transfer my citizenship to my kids because I didn't meet the criteria of living 5 days, 2 years after age 14. (I lived 12 years before age 14 and 20 months after age 14)

 

We tried to get my kids the citizenship of my husband ... guess what? also got rejected and he couldn't transfer his citizenship to our kids.

 

So now my kids they don't have any passport/citizenship.Oof note, they are not eligible to get Sweden citizenship because I'm American! 

 

So what do I have to do?? I'm here in Sweden and I can't leave out because my kids don't have a passport and I can't leave them alone ...  I can apply for I-130 (As I applied before for my husband and he got the green card) but my kids they don't have any passport yet! 

 

Any advice? 

 

Thank you so much

[Italian_in_NYC 259]

Something doesn't sound right.

Unfortunately, you were 4 months short to pass US citizenship, that's true.

But I'm pretty sure a baby born in Sweden from a Swedish parent gets Swedish citizenship, it must be.

Is your husband a Swedish citizen?

Edited February 13, 2018 by Italian_in_NYC

[Londonergirl 133]

Hallå hallå.

So what citizens are the children now? Were they born in Sverige? Or were they born in the US?

[Italian_in_NYC 259]

This is from Wikipedia:

A child born after 1 April 2015 acquires Swedish citizenship automatically if:

• one of the parents is a Swedish citizen at the time of the child's birth
• a deceased parent of the child was a Swedish citizen upon their death

[sam1985 8]

1 minute ago, Italian_in_NYC said:

Something doesn't sound right.

Unfortunately, you were 4 months short to pass US citizenship, that's true.

But I'm pretty sure a baby born in Sweden from a Swedish parent gets Swedish citizenship, it must be.

My husband is not Swedish ... He is from German ...  

1 minute ago, Londonergirl said:

Hallå hallå.

So what citizens are the children now? Were they born in Sverige? Or were they born in the US?

 They born in Sweden ... No citizenship ... no passport at this point

[Italian_in_NYC 259]

This is also from Wikipedia.. .unless your husband is 19, your kids should be German citizens.

 

A person born of a parent with German citizenship at the time of the child's birth is a German citizen. Place of birth is not a factor in citizenship determination based on parentage.

• Those born after 1 January 1975 are Germans if the mother or father is a German citizen.
• Those born before 1 January 1975 could normally only claim German citizenship from the father and not the mother. Exceptions included cases where the parents were unmarried (in which case German mothers could pass on citizenship) or where the German mother applied for the child to be registered as German on or before 31 December 1977.
• Special rules exist for those born before 1 July 1993 if only the father is German and is not married to the mother. The father must acknowledge paternity and must have married the mother before 1 July 1998.
• A child born in a foreign country will no longer receive German citizenship automatically by birth, if his/her German parent was born after 31 December 1999 in a foreign country and has his/her primary residence there. Exceptions are:

1. The child would be stateless.
2. The German parent registers the child's birth within one year of birth to the responsible German agency abroad.

[Londonergirl 133]

2 minutes ago, sam1985 said:

My husband is not Swedish ... He is from German ...  

 They born in Sweden ... No citizenship ... no passport at this point

Why are you not going to the German embassy....? 

[AshMarty 360]

You never state 

2 minutes ago, sam1985 said:

My husband is not Swedish ... He is from German ...  

 They born in Sweden ... No citizenship ... no passport at this point

Then wouldnt your children acquire a German Citizenship? 

 

[mrandmrsBRS 116]

AS far as I know your children should have German citizenship...I am German and my baby was born in the us. I am pretty certain she has both citizenships

[Italian_in_NYC 259]

Sounds like you have to go to the German Consulate or Embassy with your kids birth certificates and your husband and his German passport.

[AshMarty 360]

In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalisation is also possible for foreign nationals after six to eight years of legal residence in Germany.^[1]

 

^{Per Wikipedia} 

https://en.wikipedia.org/wiki/German_nationality_law

[little immigrant 801]

Yes your kids have the German citizenship. 

[sam1985 8]

My husband went through the all process ... My kids are not eligible to get German citizenship ... Very similar to USA law ... If one parent is a citizen and the other is not a citizen ... The citizen must meet many criteria to pass the citizenship to his childer. So German citizenship is out ... I'm asking if there is any way to get my kids the USA citizenship ...

 

According to Sweden law, my kids will get the Sweden citizenship when they are 3 years old ... But I can't wait another 2.5 years!!

Edited February 13, 2018 by sam1985

[Londonergirl 133]

11 minutes ago, mrandmrsBRS said:

AS far as I know your children should have German citizenship...I am German and my baby was born in the us. I am pretty certain she has both citizenships

German yes, but I am pretty sure that they cant get US citizenship automatically if they were not born there. 
Edit: I think they would get US citizenship if they were born abroad and their dad is American but not their mum?

Edited February 13, 2018 by Londonergirl

[AshMarty 360]

2 minutes ago, sam1985 said:

My husband went through the all process ... My kids are not eligible to get German citizenship ... Very similar to USA law ... If one parent is a citizen and the other is not a citizen ... The citizen must meet many criteria to pass the citizenship to his childer. So German citizenship is out ... I'm asking if there is any way to get my kids the USA citizenship ...

 

According to Sweden law, my kids will get the Sweden citizenship when they are 3 years old ... But I can't wait another 2.5 years!!

I am not an expert on this but I read another forum were a father was in a similar situation and somehow the child qualified for USC under the grandparents. I don't know much about this. I will see if I can find the forum.