Jump to content

32 posts in this topic

Recommended Posts

  • Replies 31
  • Created
  • Last Reply

Top Posters In This Topic

Posted
  donnaal said:
if they are his children they can come to. he will have to register them as his children and get them passports. just the wife cant come without visa. if they are her children from a past relationship they will need visa's also.

This is incorrect. Citizenship for the children is not always derived automatically depending on when and for how long the USC parent acutally resided in the US. In this case, they cannot derive citizenship from the father.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
  Magnolia31 said:
  Jackie&Yosdani said:
Yes I agree with everyone else here..

He can apply for his american passport.. I'm sure he doesnt have one yet.. but wife and kids cant come with him without the visas..

He's the US citizen not them..

Here it is, i found it. Am I understanding this wrong????

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

Ok thank you for the informations. I see that there are alot of rules to be considered.

usa01.gif

Mike and Anettedk04.gif

Status:

03-07-07 Anette arrived in San Diego on a K-1 Visa

04-04-07 Married in Las Vegas

lovebirds.gif

AOS

06-01-07 Mailed AOS/AP to NBC

06-12-07 Recieved NOA by mail for AOS

07-10-07 Biometric appointment for AOS

08-03-07 AOS touched after they recieved RFE

08-14-07 Approval notice on AP is sent

08-18-07 Approval notice on AP recieved

09-07-07 Recieved Interview date by mail

10-23-07 AOS Interview / Approved

10-24-07 Card production ordered

10-29-07 Welcome Letter recieved

11-02-07 Greencard recieved

Remove Condition

08-05-09 Mailed I-751 to CSC

08-10-09 NOA1 Receipt date

08-15-09 Recieved NOA1 by mail

08-20-09 Recieved BIO date by mail

09-04-09 Biometric Appointment

09-08-09 Touch

11-25-09 Card production ordered

12-03-09 Approval Letter recieved

12-04-09 Greencard recieved

Filed: AOS (apr) Country: Germany
Timeline
Posted
  donnaal said:
if they are his children they can come to. he will have to register them as his children and get them passports. just the wife cant come without visa. if they are her children from a past relationship they will need visa's also.

See, that's exactly what I was thinking.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Filed: AOS (apr) Country: Germany
Timeline
Posted
  john_and_marlene said:
  donnaal said:
if they are his children they can come to. he will have to register them as his children and get them passports. just the wife cant come without visa. if they are her children from a past relationship they will need visa's also.

This is incorrect. Citizenship for the children is not always derived automatically depending on when and for how long the USC parent acutally resided in the US. In this case, they cannot derive citizenship from the father.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

Man, this is some complicated stuff. I am glad Germany does not work like that.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Filed: Timeline
Posted

Magnolia,

Yes, you are understanding this wrong. You are overlooking a very important 3-letter word - "may", which does not mean 'is'.

Read post #2 in this thread by John_and_Marlene.

Yodrak

  Magnolia31 said:
  Jackie&Yosdani said:
Yes I agree with everyone else here..

He can apply for his american passport.. I'm sure he doesnt have one yet.. but wife and kids cant come with him without the visas..

He's the US citizen not them..

Here it is, i found it. Am I understanding this wrong????

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

Filed: AOS (apr) Country: Germany
Timeline
Posted
  Yodrak said:
Magnolia,

Yes, you are understanding this wrong. You are overlooking a very important 3-letter word - "may", which does not mean 'is'.

Read post #2 in this thread by John_and_Marlene.

Yodrak

  Magnolia31 said:
  Jackie&Yosdani said:
Yes I agree with everyone else here..

He can apply for his american passport.. I'm sure he doesnt have one yet.. but wife and kids cant come with him without the visas..

He's the US citizen not them..

Here it is, i found it. Am I understanding this wrong????

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

It's all so confuzzling LOL. All these stipulations and what not. Whew *wipes forehead*

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Posted
  Magnolia31 said:
  john_and_marlene said:
  donnaal said:
if they are his children they can come to. he will have to register them as his children and get them passports. just the wife cant come without visa. if they are her children from a past relationship they will need visa's also.

This is incorrect. Citizenship for the children is not always derived automatically depending on when and for how long the USC parent acutally resided in the US. In this case, they cannot derive citizenship from the father.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

Man, this is some complicated stuff. I am glad Germany does not work like that.

Actually, it's much easier to lose German citizenship or gain German citizenship, than it is US, I believe. My grandfather lost his German citizenship when he became an honourary Canadian citizen. My mother also lost her Canadian citizenship at age 14 when my grandparents were naturalized as US citizens. Therefore, I have to run through all these same visa hoops since I'm not a US/Canadian "dualie." I'm hoping to clear the Canadian citizenship up, once the Canadian government figures out what to do with their "lost Canadians."

Adjustment of Status / EAD / AP
Day 000: 2007-12-27 Mailed Application
Day 002: 2007-12-29 Received at Chicago Lockbox
Day 003: 2007-12-30 "Received Date"
Day 007: 2008-01-03 All 5 NOAs (K1 + K2 AOS, K1 EAD, K1 + K2 AP)
Day 008: 2008-01-04 K-2 AOS Touched
Day 011: 2008-01-07 $1610 Check cleared
Day 011: 2008-01-07 All 5 physical NOAs received
Day 012: 2008-01-08 K-1 files Touched, but not K-2
Day 014: 2008-01-10 K-2 AP Touched
Day 016: 2008-01-12 Biometrics Appt. Letter Received
Day 029: 2008-01-25 Biometrics Appt.
Day 043: 2008-02-08 K-2 Notice of interview received
Day 044: 2008-02-09 K-1 Notice of interview received
Day 056: 2008-02-21 APs approved and EAD card production ordered
Day 126: 2008-05-01 Interviews
-----------------------------------------------------------
K1/K2 Application
Day 000: 2007-03-16 Sent out I-129F Package
Day 012: 2007-03-28 NOA1
Day 082: 2007-06-06 NOA2
Day 103: 2007-06-27 NVC Received
Day 105: 2007-06-29 NVC Forwarded to Montreal
Day 117: 2007-07-11 Montreal Sends Packet 3
Day 125: 2007-07-19 Receive Packet 3
Day 129: 2007-07-23 Send Checklist and Forms Back
Day 131: 2007-07-25 Montreal Receives Packet 3
Day 137: 2007-07-31 Medical
Day 169: 2007-09-01 "Wedding" (aka the $10K party)
Day 192: 2007-09-24 Receive "Packet 4" (Interview letter)
Day 238: 2007-11-09 Interview in Montreal
Day 245: 2007-11-16 Visas Received
Day 248: 2007-11-19 Moved to USA
Day 249: 2007-11-20 Legal wedding


Filed: Country: Pitcairn Islands
Timeline
Posted (edited)
  Jeremy + Kristy said:
Actually, it's much easier to lose German citizenship or gain German citizenship, than it is US, I believe.

Well, easier and harder are relative terms. Consider this:

1) I am a USC. If I were to become a naturalized German citizen with no birth right to citizenship, I have to give up my US citizenship. There are also other requirements that are stricter than in the US, such as the language fluency requirement. Having a quick look at the law, as a person married to a German citizen, the residency requirement is EIGHT years.

2) My husband is a German citizen. If he were to become a naturalized US citizen with no birth right to citizenship, he may have dual citizenship if he makes arrangements with the German government first (Beibehaltungsgenehmigung).

3) Our daughter is American and German. Because she had a birth right to both, Germany does not make her choose and the US doesn't give a rat's behind.

Edited by Wacken
Filed: Country: Pitcairn Islands
Timeline
Posted
  Magnolia31 said:
I thought his kids can come with him if they are his biological kids? Reason I say that is because of the whole dual citizenship thing. I also know of a lot of military people who end up having their children in Germany while stationed there. Since they are born in Germany, the babies are considered German citizens. There is some sort of process they go through to get their children their american citizenship but I am not sure exactly how that works. Hmmm, okay, I really do not know but I have seen the military cases for sure.

Well, that only works if one of their parents is in fact German. Only in rare cases does it work otherwise for military personel:

  Quote
-by birth in Germany

If you were born after December 31, 1999 to foreign parents in Germany.

One of the parents must have been a legal resident in Germany for at least eight years at the time of your birth.

In addition, at least one parent must have an unlimited residence permit ("unbefristete Aufenthaltserlaubnis") or a residence entitlement ("Aufenthaltsberechtigung") at the time of your birth

If you obtain another citizenship by birth, you have to give up one citizenship between ages 18 and 23.

Please note:

Most US military personnel are in Germany for a period considerably shorter than 8 years; they neither have residence permits nor entitlements because of bilateral agreements.

In most cases therefore children born to US military personnel do not have the right to German citizenship (unless they had a German parent at the time of their birth)

http://www.germany.info/relaunch/info/cons...nformation.html

Posted

If the kids were registered at the US Embassy within 30 days of birth they will be USCs and can get US passports and go anywhere they want. If no questions on who the parents are. DNA can come into play sometimes tho

However he will have to fill a I-130 for his wife and establish Domicle in the US before he can bring her here as an immigrant.

That's pretty close!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Germany
Timeline
Posted
  Jeremy + Kristy said:
  Magnolia31 said:
  john_and_marlene said:
  donnaal said:
if they are his children they can come to. he will have to register them as his children and get them passports. just the wife cant come without visa. if they are her children from a past relationship they will need visa's also.

This is incorrect. Citizenship for the children is not always derived automatically depending on when and for how long the USC parent acutally resided in the US. In this case, they cannot derive citizenship from the father.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

http://www.immigrate-us.net/nat.html

Man, this is some complicated stuff. I am glad Germany does not work like that.

Actually, it's much easier to lose German citizenship or gain German citizenship, than it is US, I believe. My grandfather lost his German citizenship when he became an honourary Canadian citizen. My mother also lost her Canadian citizenship at age 14 when my grandparents were naturalized as US citizens. Therefore, I have to run through all these same visa hoops since I'm not a US/Canadian "dualie." I'm hoping to clear the Canadian citizenship up, once the Canadian government figures out what to do with their "lost Canadians."

I don't know. My brother has dual citizenship and my daughter does too.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Filed: AOS (apr) Country: Germany
Timeline
Posted
  Wacken said:
  Magnolia31 said:
I thought his kids can come with him if they are his biological kids? Reason I say that is because of the whole dual citizenship thing. I also know of a lot of military people who end up having their children in Germany while stationed there. Since they are born in Germany, the babies are considered German citizens. There is some sort of process they go through to get their children their american citizenship but I am not sure exactly how that works. Hmmm, okay, I really do not know but I have seen the military cases for sure.

Well, that only works if one of their parents is in fact German. Only in rare cases does it work otherwise for military personel:

  Quote
-by birth in Germany

If you were born after December 31, 1999 to foreign parents in Germany.

One of the parents must have been a legal resident in Germany for at least eight years at the time of your birth.

In addition, at least one parent must have an unlimited residence permit ("unbefristete Aufenthaltserlaubnis") or a residence entitlement ("Aufenthaltsberechtigung") at the time of your birth

If you obtain another citizenship by birth, you have to give up one citizenship between ages 18 and 23.

Please note:

Most US military personnel are in Germany for a period considerably shorter than 8 years; they neither have residence permits nor entitlements because of bilateral agreements.

In most cases therefore children born to US military personnel do not have the right to German citizenship (unless they had a German parent at the time of their birth)

http://www.germany.info/relaunch/info/cons...nformation.html

That changed then. My friend was born in Germany to her American parents because they were in the military and she was a German citizen. And if you have to give up one citizenship between ages 18 and 23, how come my brother has dual citizenship? I'm not understanding. He just tuned 24.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Filed: Country: Pitcairn Islands
Timeline
Posted
  Magnolia31 said:
That changed then. My friend was born in Germany to her American parents because they were in the military and she was a German citizen. And if you have to give up one citizenship between ages 18 and 23, how come my brother has dual citizenship? I'm not understanding. He just tuned 24.

I have no idea how that worked in the past that she had a right to German citizenship, but that certainally isn't the case now. As far as I know, unless your parents have been PR of Germany for at least 8 years, you have no right jus soli to German citizenship. Even in that case, they will make you choose upon adulthood. I have no idea the situation of your brother, but if it concerns you based on what they have posted on the German embassy's website, you should probably read more about it in German and see if the law that makes him choose actually applies to him. If it does, I suppose he'll have to find an official to talk to about that. Ignorance of the law is no excuse.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Second hand, but a relative gave birth in Germany a few months back and she mentioned that had she like some friends of hers had the child off base then the child could have had dual citizenship. Not an option to her as she was on base, but she did not want to do the paperwork anyway.

Just assumed they changed it when they made all the Turks Citizens a few years back.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...