Born outside USA

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ahalmoht

Registered Users (C)
Hello Guys,
I am a green card holder and my wife is a citizen of USA. She did not spend 5 years in USA, she spent just 2 years.
We expect a new baby next month and we are in Canada for temporary project and the delivery will be in Canada.

Please I need the steps how can I get US citizen for my baby?

Please help

Thanks
 
In her whole life she only spent 2 years in the US? Remember the 5 year requirement includes all time* spent in the US before the birth in any status, not just time as a US citizen.

If she doesn't have the required 5 years, but at least one of your wife's parents is a US citizen and they spent the required 5 years in the US (and have the documents to prove it), the baby may be able to obtain US citizenship if your wife files N-600K.

Note that if the baby doesn't qualify for N-600K, it could take a year to bring the baby to the US through the green card process. But then the baby would be eligible to derive citizenship through your wife (or you, if you become a US citizen by then) upon admission to the US as a permanent resident.

One way or another, it's going to be complicated if the baby is born outside the US. If you want to avoid having the baby stuck outside the US for several months, do what you can to have your wife give birth inside the US, even if it means you have to pay a nurse for a week or two to take care of your wife at home in the US while you are working in Canada.


*but it must include 2 years after her 14th birthday
 
Last edited by a moderator:
Thank you for your reply Jackolantern.

My wife's parents spent around 15 years here in USA, is it help?
my baby will have a Canadian nationality, and she can go and back between USA and Canada, my question is if she entre USA before getting the GC it will affect the status?

and by October we will back to USA, can she live normally during her GC process?
Thanks
 
ahalmoht said:
My wife's parents spent around 15 years here in USA, is it help?
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If at least one of them is a US citizen, that time they spent in the US may enable the baby to qualify for N-600K. However the N-600K requires that the child and US citizen parent reside outside the US, but it appears your family is only temporarily in Canada (and you'd lose your green card if you decided to live permanently in Canada).

The other problem with N-600K is that it takes 3-6 months, and citizenship is not granted until the process is completed.
my baby will have a Canadian nationality, and she can go and back between USA and Canada, my question is if she entre USA before getting the GC it will affect the status?
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While a Canadian passport normally allows entering the US in tourist status without a visa, you might have a problem convincing the border officer that the baby is entering the US only for a temporary visit, given that one parent is a USC and the other parent (you) is a permanent resident.
 
Thank you for your reply.

Her grandmother lives now in AZ and she ganna to write a letter that she has been in USA since 2000, will they accept the letter as a proof?


Where we have to submit the 600k , here in Canada or we have to enter USA with the baby and submit it in USA?

As I understand, she can enter USA during 600K process, correct?

If thy accept her application, will she get a passport? Do she need to do the oath?

My citizen interview next month, if I get the nationality before delivery , will the situation be easer? I stay in USA just 20 months.

I have a temporary work permit in Canada and I have a letter from the HR. that I will spend my time between USA and CanAda, will I face any problem with the officer?


Thanks
 
ahalmoht said:
Her grandmother lives now in AZ and she ganna to write a letter that she has been in USA since 2000, will they accept the letter as a proof?
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No. One of your wife's parents must provide documents from schools, employers, or other entities to prove their years of presence in the US. They must also provide proof US citizenship.

Where we have to submit the 600k , here in Canada or we have to enter USA with the baby and submit it in USA?
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Send it from outside the US to the designated address in the US (see the USCIS web site and N-600K instructions).

As I understand, she can enter USA during 600K process, correct?
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The baby can enter the US once the N-600K interview letter has been issued. Entering before that may be a problem.

If thy accept her application, will she get a passport? Do she need to do the oath?
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If they approve the N-600K they'll issue a citizenship certificate. A US passport would have to be obtained later, using the certificate as proof of citizenship for the passport application. The baby won't take an oath, but there will be some formalities for your wife at the end of the process when she goes to pick up the certificate.

My citizen interview next month, if I get the nationality before delivery , will the situation be easer?
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Definitely a lot easier. If both you and your wife are US citizens at the time of the baby's birth outside the US, the length of time you lived in the US doesn't matter (as long as it's greater than zero), and the baby will be eligible for citizenship at birth; instead of N-600K you would apply for a Consular Report of Birth Abroad at a US consulate in Canada, which should be approved in a few weeks. You can also apply for the baby's US passport at the consulate at the same time.

You should bring documentation of the pregnancy, your marriage, and your wife's US citizenship to the interview and explain the urgency of getting US citizenship before the baby is born and maybe they'll give you a quicker oath date. Remind the interviewer that your wife didn't spend 5 years in the US so the baby is not eligible for citizenship through her alone, thus the importance of both parents being US citizens in time for the birth.
 
I'd get citizenship ASAP.

Failing that, if you can get the documentation, do the N600K. I don't think there will be a problem with the child entering the US; believe it or not CBP aren't completely heartless and don't deny entrance to newborns.
 
My wife was born a board, and the embassy there ask her parents for an evidence that they are really spent more than 5 years inside USA, and her parents write a statement and sign it and then the officer stamp it and they attached it with my wife's birth certificate. If I use that statement with their passport will it work?
 
These days they are much more strict these days with proof of residence. For the N-600K they won't accept a signed statement from them about their residence in the US without additional proof.

Were both of your wife's parents US citizens when your wife was born? If yes, their length of residence in the US wouldn't matter (as long as it was greater than zero), so that may be another reason why they didn't care about additional proof for recognizing your wife's US citizenship.
 
Thank you for your replies.

So if I do not have any document I can't use 600K, Right?

If I want to go with green card option, what the steps I have follow?

Thanks
 
ahalmoht said:
My wife's father did his PhD in USA, if I attached his certificate , will be enough?
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No. For the N-600K they'll want to see his university transcript so they can see how much time he spent in the US each year. If it doesn't show 5 years or more they'll want proof of additional years. And even if the PhD took 5 years, they might accept as few as 2 or 3 years -- for example, suppose it involved 3 years of classes (2 four-month semesters each year) plus 2 years working on his dissertation. So that's 8 months per year for 3 years = 24 months, because the transcript doesn't say anything about where he was during the breaks between semesters or during the last 2 years when he was working in the dissertation.

So if I do not have any document I can't use 600K, Right?
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Correct. Without documentation of one of your wife's parent's presence in the US, the N-600K will not be approved.

If I want to go with green card option, what the steps I have follow?
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If you're going to follow it with the baby outside the US, initiate the process by filing I-130 with the supporting documentation (baby's birth certificate etc.). You or your wife can file the I-130, but if you're not a US citizen it's much simpler and faster if she files it. 6-12 months later there will be some additional paperwork and procedures including the interview at the consulate in Canada. After approval at the consulate, the baby's passport will have an immigrant visa which can then be used to be admitted to the US as a permanent resident; the green card will be delivered a few weeks after that. Then the baby would be eligible for N-600 (not to be confused with N-600K) and US passport based on the Child Citizenship Act.

Or if they'll let the baby enter the US with just a Canadian passport, as TheRealCanadian suggests they'll do, you could pursue the baby's green card process entirely within the US by filing I-130 + I-485 and the other related papers (see http://forums.immigration.com/showthread.php?288201&p=1975217#post1975217).
 
Is the 5 years requeried in all following cases:

US citizen by :

1.Through birth abroad to U.S. citizen parent(s)
2.Naturalization
3.Birth in the United States


Or just for Naturalizaed one?
 
ahalmoht said:
Is the 5 years requeried in all following cases:

US citizen by :

1.Through birth abroad to U.S. citizen parent(s)
2.Naturalization
3.Birth in the United States
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For #1, the 5 years will be required if only one parent is a US citizen.
For #2, if it's naturalization via N-600K, one USC parent or grandparent must have the 5 years. But deriving citizenship by first getting a green card and then qualifying under the Child Citizenship Act doesn't require the 5 years.
 
Don't forget that you can also get your child a Canadian passport, but you can do that at any time (though apparently getting a Canadian passport is tough, requiring references, etc. - look into it).
 
I f we ganna to skip the 5 years requrment, the parents sall be citizen in date of her birth or when we submit the application?
 
ahalmoht said:
I f we ganna to skip the 5 years requrment, the parents sall be citizen in date of her birth or when we submit the application?
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Both parents would need to be US citizens at the time of the birth.

That's why you need to explain the urgency of the situation (along with proof of the pregnancy and expected due date) at your citizenship interview.
 
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