Pregnancy during application

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Hi,

 

I am currently 14 weeks pregnant and will be filing next week which means I will be giving birth OUTSIDE the US towards the end of our filing process but before NVC interview etc.

 

What does this mean for our child? Will we have to file an additional form once baby is born and wait a further year for process or will baby automatically be a US Citizen as he/she will be born to a US Citizen and my application will be in process?

 

 

This poor/lucky child was conceived in Finland, is going to be born to a South African/British mother and American/Italian Father who have spent their entire relationship travelling and now about to be born in the middle of an immigration process, most likely in France where my husband will be working haha. 

[JFH 12,190]

Whether the baby will automatically be a USC or not will depend on your husband's cumulative physical presence in the USA. If he hasn't lived there for enough years, then the child will need an IR-2 visa to enter the country.

 

Being born in France to foreign parents does not grant French citizenship anymore (it used to, but not anymore). The child can apply for citizenship upon adulthood, if desired. 

 

If you are British through birth and not by descent, then the child will also be British automatically. Citizenship can only be transferred by one generation so if you are British by descent then you cannot transfer citizenship to your children if they are born outside the U.K. 

 

If you are also South African then the child is South African provided you register the birth under SA law (slightly different to the U.K. where the citizenship would be automatic). 

 

If your husband also has an Italian passport then the child will be Italian automatically. 

 

Not sure what the relevance of the place of conception is or why the need to mention it. It has nothing to do with citizenship. 

 

Multiple nationalities are possible - I had three at birth. You might want to look into the obligations for nationals of each of the countries involved. For example, if the child is born in France and later wants to take French citizenship then he/she needs to be informed of the obligations of French nationals with regards to taxation, military service, voting, etc. 

 

Edited March 3, 2018 by JFH

[JFH 12,190]

*~*~*moved from "IR-1/CR-1 spouse visa process and procedures" to "CRBA"*~*~*

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13 hours ago, JFH said:

Whether the baby will automatically be a USC or not will depend on your husband's cumulative physical presence in the USA. If he hasn't lived there for enough years, then the child will need an IR-2 visa to enter the country.

 

Being born in France to foreign parents does not grant French citizenship anymore (it used to, but not anymore). The child can apply for citizenship upon adulthood, if desired. 

 

If you are British through birth and not by descent, then the child will also be British automatically. Citizenship can only be transferred by one generation so if you are British by descent then you cannot transfer citizenship to your children if they are born outside the U.K. 

 

If you are also South African then the child is South African provided you register the birth under SA law (slightly different to the U.K. where the citizenship would be automatic). 

 

If your husband also has an Italian passport then the child will be Italian automatically. 

 

Not sure what the relevance of the place of conception is or why the need to mention it. It has nothing to do with citizenship. 

 

Multiple nationalities are possible - I had three at birth. You might want to look into the obligations for nationals of each of the countries involved. For example, if the child is born in France and later wants to take French citizenship then he/she needs to be informed of the obligations of French nationals with regards to taxation, military service, voting, etc. 

 

Hi JFH,

 

I was only looking for information on the US Citizenship side for the baby as I'm currently applying for a I-130/CR-1 myself... and giving birth half way through. That's why I posted it specifically in the CR-1 forum.

That last paragraph of mine was just some 'fun facts' about our unborn child's connection to a lot of countries.

 

Additional information: my husband will have been outside the US for about a year by the time baby is born.

 

Thank you for your reply

[JFH 12,190]

I moved your post to CRBA as this is the appropriate section for discussions on citizenship for USCs born overseas. You will need to follow the steps for CRBA. If your husband has only spent one year of his life out of the country then the child would be a USC at birth.