how I can bring my son and daughter

[NikLR 13,232]

It sounds like there is but the OP and her husband need to show the children, who sound like they are 6 months old, are currently stateless and meet the exceptions.  

[AshMarty 360]

1 hour ago, Fippsie said:

I’m very sorry, but you live in denial. People tell you over and over again that your kids are automatically german citizens if one of their parents is german. All you say is ‘no is there any way for them to become US citizens??’.

You just don’t want them to be german citizens. And no one here can do anything different but tell you that they have german citizenship.. 

She also hasn't been on the forum in 14 hours and sounds like she is a new mom with 6 month old twins (which I am sure keeps her busy).

 

I doubt she has had a chance to look into what others have mentioned as of yet. It she was in Sweden posting, she was posting around midnight... haha.. which would sound about right for a new mom with two babies. 

[AshMarty 360]

They could obtain a german passport --> get a US visa for the children (if planning on living in the US). Then file for US citizenship through a grandparent and the N-600K ???

 

http://www.germany-visa.org/german-citizenship/

 

German Citizenship by Descent

"You cannot get German citizenship if you were born in a foreign country and your German parents were also born in a foreign country after January 1st, 2000. This rule can be surpassed only if you as the child would be stateless if the German authorities did not accept you and give you a German citizenship. In addition, you cannot claim German citizenship through any other ancestors except your parents, including German citizenship through grandparents."

Read more at http://www.germany-visa.org/german-citizenship/#OZ4kcwrydFzBEpB7.99

 

German Dual Citizenship

Having a Germany dual citizenship is not an easy task. You cannot have dual citizenship in Germany unless you belong to one of these groups:

• You are from an EU country or the former Soviet Union
• You are from a country which does not allow you to give up your citizenship
• You are an ethnic German
• You have parents from the U.S
• You have obtained permission from the German authorities to retain another citizenship

You could have a dual citizenship, but the country you live in determines what rights you will have. If you live in Germany, the country considers you a German citizen and you are entitled to German services and consular help. However, if you live in the country of your other citizenship, you cannot take advantage of German services and cannot get any help from the German consulate.

However, this does not mean that you can give up your obligations. In many instances, you might be required to pay taxes in both countries where you have your citizenships as well as complete military service as per German law.

Dual Citizenship USA/Germany

Based on U.S and German law, you can have a citizenship of both countries. This can happen only in the instances where the child is born to one American and one German parent. In this case, the child is not required to give up either nationality and can hold both.

However, if the child lives in the U.S, they might have the citizenship of Germany, but cannot take advantage of German services. The other way around applies as well. U.S and German dual nationals are not exempt from military service, and can be required to file taxes in both countries. In addition, they cannot enter the U.S with a German passport and the other way around. They must present the German passport to enter Germany and the U.S passport to enter the U.S.

In another case, if an American citizen applies for naturalization in Germany, the American will have to give up their U.S citizenship to obtain the German one.

Read more at http://www.germany-visa.org/german-citizenship/#OZ4kcwrydFzBEpB7.99

Edited February 14, 2018 by AshMarty

[Prystine 184]

15 hours ago, Londonergirl said:

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?

It all has to do with the USC's physical presence within the US. They had to have been physically in the US for a period of 5yrs after the age of 14 in order to pass on US Citizenship to their respective children that they have, REGARDLESS if its the mom or dad.

[mrandmrsBRS 116]

15 hours ago, Londonergirl said:

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?

My husband is us citizen since he was born. I am German citizen since I was born. I gave birth to our daughter here jn the US, hence why she has both citizenships

[Londonergirl 133]

17 minutes ago, mrandmrsBRS said:

My husband is us citizen since he was born. I am German citizen since I was born. I gave birth to our daughter here jn the US, hence why she has both citizenships

But that is different! All children who are born in the USA become US citizens (even if none of the parents are US citizens).

What I was talking about was if the mother was a US citizen but gave birth abroad. I think it would have been easier for a child born abroad to become a US citizen if the dad is American rather than the mom (correct me if I'm wrong)

[Boiler 46,124]

You are wrong.

[Londonergirl 133]

46 minutes ago, Prystine said:

It all has to do with the USC's physical presence within the US. They had to have been physically in the US for a period of 5yrs after the age of 14 in order to pass on US Citizenship to their respective children that they have, REGARDLESS if its the mom or dad.

That is very good to know! Is it the same rules for American moms who give birth abroad as it is for American dads? 

1 minute ago, Boiler said:

You are wrong.

I am wrong? About what?

[Londonergirl 133]

3 hours ago, NikLR said:

No the OP said the German consulate ALSO said their German parent cannot pass on his citizenship due to similar circumstances to their US mother.  Is there a physical presence requirement for a German citizen like there is for a US citizen? 

But how does that makes sense? I think we need more info  Why would they be denied German citizenship if the dad is German?

[Fippsie 164]

3 hours ago, NikLR said:

No the OP said the German consulate ALSO said their German parent cannot pass on his citizenship due to similar circumstances to their US mother.  Is there a physical presence requirement for a German citizen like there is for a US citizen? 

No, there isn't. That's why I'm saying the OP is living in denial! What she is saying is simply not true. 

 

Quote

What is needed to qualify for a German baby passport

• The baby is of German nationality (one parent is German or the child has qualified as a German citizen for other reasons).

 

Quote

• Here are some situations where your baby could be eligible for German citizenship:
• Your baby’s father is German and is either married to baby-mama, or has acknowledged paternity (or his paternity has been legally established by a court).

 

Quote

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.

Quote

• 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.

 

Here.. so many different sites saying the same thing. If the father is german and married to the mother or acknowledged paternity, the kids are german. As easy as that. And many people have already said it. She just doesn't want to see it, because she wants her kids to be US citizens.

[AshMarty 360]

27 minutes ago, Londonergirl said:

But how does that makes sense? I think we need more info  Why would they be denied German citizenship if the dad is German?

It sounds like OP went a traditional route and per what we have all read there is a less traditional route to German citizenship. I would think a stateless child in not very common of an occurrence and likely the OP wasn't aware of this information at the Consulate to ask about it or make the Consulate aware of it. 

 

The assumption from what the OP has said is the the dad is German but was likely not born in Germany, Hence making the child traditionally not eligible for citizenship but there is a loop hole it seems she was not aware of. 

 

German Citizenship by Descent

"You cannot get German citizenship if you were born in a foreign country and your German parents were also born in a foreign country after January 1st, 2000. This rule can be surpassed only if you as the child would be stateless if the German authorities did not accept you and give you a German citizenship. In addition, you cannot claim German citizenship through any other ancestors except your parents, including German citizenship through grandparents."

 

Edited February 14, 2018 by AshMarty

[AshMarty 360]

1 hour ago, Fippsie said:

No, there isn't. That's why I'm saying the OP is living in denial! What she is saying is simply not true. 

 

 

I would guess that applying for the loop hole (less traditional route to German Citizenship because of a stateless child), would require different pathway through paperwork to acquire a child's German citizen.  The OP seemed to apply for a traditional pathway for her children through their father and was denied, she was likely not made aware of the loop hole. Immigration is complicated and this is why she asked for advice here. 

 

It would be like the difference of paperwork between a parent transferring a US Citizenship or a grandparent transferring US Citizenship to a child. Each of the above US citizenship transfers require different paperwork and procedures to be file, if it is confused or done incorrectly, the child would be denied citizenship. 

Edited February 14, 2018 by AshMarty

[Italian_in_NYC 259]

I doubt the children are stateless.

Her husband would have to be born on Jan 1, 2000 or after (making him barely 18 years old now) and not in Germany (OP said her husband is from Germany, which I assume it means born in Germany).

If we were in Vegas I'd bet big on German citizenship at birth.

Just go to the German consulate with your kids, their Swedish birth certificates with the parents name on them and your husband and his German passport. They will issue German passports to your kids.

German passport is one of the best to travel (if not the best).

I also think there is an accelerated way to bring your twins to the US should you decide to move back (but I defer to others as I'm not an expert). Actually, I think they need to go through the IV process and once they enter the US with the visa they acquire US citizenship.

Edited February 14, 2018 by Italian_in_NYC

[AshMarty 360]

1 minute ago, Italian_in_NYC said:

I doubt the children are stateless.

Her husband would have to be born on Jan 1, 2000 or after (making him barely 18 years old now) and not in Germany (OP said her husband is from Germany, which I assume it means born in Germany).

If we were in Vegas I'd bet big on German citizenship at birth.

Just go to the German consulate with your kids, their Swedish birth certificates with the parents name on them and your husband and his German passport. They will issue German passports to your kids.

German passport is one of the best to travel (if not the best).

I also think there is an accelerated way to bring your twins to the US should you decide to move back (but I defer to others as I'm not an expert). Actually, I think they need to go to the IV process and once they enter the US with the visa they acquire US citizenship.

You raise good points. Haha. I would guess the father is over 18 as well. 

 

Haha I hope the OP responds with some more information, so we can see if we actually solved this mystery. 

[abum 324]

1 minute ago, Italian_in_NYC said:

I doubt the children are stateless.

Her husband would have to be born on Jan 1, 2000 or after (making him barely 18 years old now) and not in Germany (OP said her husband is from Germany, which I assume it means born in Germany).

If we were in Vegas I'd bet big on German citizenship at birth.

Just go to the German consulate with your kids, their Swedish birth certificates with the parents name on them and your husband and his German passport. They will issue German passports to your kids.

German passport is one of the best to travel (if not the best).

I also think there is an accelerated way to bring your twins to the US should you decide to move back (but I defer to others as I'm not an expert). Actually, I think they need to go to the IV process and once they enter the US with the visa they acquire US citizenship.

Yeah, i bet the childrens are German. Even if  her husband is denied at the consular/embassy, he has to try again, this time, bring all the guidelines/law etc to show that is the case. Plus the statue had already said the exception of not able to pass the citizenship - if the children would be stateless - so automatically they fit the bill.

OP, once you get them german passport, you can start petitioning for each of the child - it will take up to 1 year for the whole process (and you need to satisfy the requirement of establishing domicile in the USA). Once they have the immigrant visa in hand, and enter the USA while living with you (the USC), they can get US passports.