Citizenship Question

psamprat

Registered Users (C)
Hi All - I am a US Citizen and my wife is an Indian citizen. My company is planning to send me to south korea for couple of years. Question is , if we have a child in South Korea, what citizenship would the baby get ?
 
See this link http://www.greencardlawyers.com/citizenship/citizenbybirth.html#Chart to Determine Citizenship Rules

Can't describe in detail since posting from a phone. You will fall into the last category listed in the citizenship chart.

"After 11/13/1986
If both parents are U.S. citizens, at least one resided in the U.S. before the child’s birth.
If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14"
.

Are they counting time spent as LPR before one became US citizen or clock starts after naturalization?
 
Not necessarily; there are additional conditions regarding how long the father lived in the US before the child's birth.

thanks for all the replies. The website says "If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14.". what does resided mean ?. I first came to US in 1996 and GC since 2001 with extensive travel outside us from 2005 and 2007 but always paid taxes and maintained residence here.
 
The actual law says "physical presence", not "resided" for the 5 years / 2 after age 14 requirement. It includes time before naturalization and also time in the US before the GC. You appear to have many more years than the requirement, although digging up proof for the older years may be difficult.
 
Not necessarily; there are additional conditions regarding how long the father lived in the US before the child's birth.

How cone Jack, he naturalized two months ago, evidently satisfying the physical presence requirements for Nat'z which essentially also will satisfy other requirements pertaining to his query.
 
How cone Jack, he naturalized two months ago, evidently satisfying the physical presence requirements for Nat'z which essentially also will satisfy other requirements pertaining to his query.

No. Naturalization only requires 2.5 years of physical presence, while the citizenship law for this situation requires 5 years of physical presence.
 
Hi All - I am a US Citizen and my wife is an Indian citizen.
Is she a permanent resident? And is she interested in getting US citizenship?

If yes to both, she may qualify for expedited citizenship under section 319(b), depending on the characteristics of your employer and your overseas assignment.
 
Is she a permanent resident? And is she interested in getting US citizenship?

If yes to both, she may qualify for expedited citizenship under section 319(b), depending on the characteristics of your employer and your overseas assignment.


Jack - Yes she is a permanent resident since 2004. Since she was out of the country for sometime, we are waiting for her eligibility to file ( under the normal rules ) for naturalization.
 
Sir,

If your employment does not qualify her for expedited naturalization under 319(b) then she needs to get a re-entry permit to save her LPR status. If you have a child abroad then you file at the Embassy or Consulate for an FS-240, Consular Report of Birth Abroad of a Citizen of the United States and a passport.
 
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