USC Child Birth Query

[Lazy Monk 1]

Hello folks,

                     I was naturalized last year and recently got married. My wife is currently overseas and we are about to begin the process to bring her over. My question is, what would be more suitable for us; if she gives birth overseas, would our child become an automatic citizen because of me or he/she will have to go thru the process of adjusting status if born overseas? Or should she move here before delivering for the child to have birthright citizenship? Would appreciate your expert opinion on the matter. Thanks

[Just Paul 4,595]

5 minutes ago, Lazy Monk said:

if she gives birth overseas, would our child become an automatic citizen because of me or he/she will have to go thru the process of adjusting status if born overseas?

Yes, if you can transmit citizenship the child based on a CRBA.

 

6 minutes ago, Lazy Monk said:

Or should she move here before delivering for the child to have birthright citizenship?

CR1s are still taking over a year in many cases.  What country?

 

You may have to file for an I-130 for a CR2 for the child.

[BenjaminKeating 114]

Child will automatically be a citizen via both parents.

 

E.g. if you were Australian and your wife was British, the child would be eligible for both passports.

 

Same via UK/US etc. I'd imagine you'll want to register the birth with both countries too.

Edited February 17, 2020 by BenjaminKeating

[Lazy Monk 1]

3 hours ago, Paul & Mary said:

Yes, if you can transmit citizenship the child based on a CRBA.

I meant automatic US citizenship thru me even if he/she was born overseas. Could you please elaborate on what CRBA exactly is?

[Just Paul 4,595]

 

1 hour ago, Lazy Monk said:

I meant automatic US citizenship thru me even if he/she was born overseas. Could you please elaborate on what CRBA exactly is?

Nothing is automatic . . . you have to file paperwork.

 

If you are a USC then there are two ways the child can become citizen. 

 

Either thru the Counsular Report of Birth abroad: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html 

 

If you are not qualified then file an I-130 and an I-864w at the NVC;

[Lazy Monk 1]

Thank you!