GC for wife of dual US & Greek citizenship who does not live in US.

H

haka

New Member
Hi! I hold a dual citizenship USA and Greek. I am currently living in Russia, with my fiance which I plan to marry here (she is Russian). Soon she will give birth to our first child.

Note that I have never actually lived in the USA, never worked there and never filed taxes in the USA. I've been living in Greece all my life, though I have US citizenship from my mother. So my questions are:

1) Can my Russian fiance apply for a green card at the Moscow embassy after we get married? We don't have any immediate plans to move to the US, however we would like to visit many friends and relatives often and perhaps stay in the States for over 3 months.

2) I understand that because I have never actually lived in the US for over 5 years, our child will not have US citizenship. But still, do I need to report the birth to the US embassy? Also if, God Willing, our child later in it's life wants to live in the US, will he/she be able to?

Thank you!
 
haka said:
Can my Russian fiance apply for a green card at the Moscow embassy after we get married? We don't have any immediate plans to move to the US, however we would like to visit many friends and relatives often and perhaps stay in the States for over 3 months.
Click to expand...

No, since you have no intentions on residing in the US. A GC is NOT a visitor's visa.

Also if, God Willing, our child later in it's life wants to live in the US, will he/she be able to?
Click to expand...

If you are residing in the US, you can petition for your child's GC.
 
You need to be domiciled in the US if you want to petition for a green card for your wife and child. If you had been living most of your life in the US and have been in Greece/Russia for just a couple of years, you might have been able to establish that your permanent place of residence is the US. But in your situation you'll need to actually move to the US and live there to convince them that your domicile is in the US.

2) I understand that because I have never actually lived in the US for over 5 years, our child will not have US citizenship. But still, do I need to report the birth to the US embassy? Also if, God Willing, our child later in it's life wants to live in the US, will he/she be able to?
Click to expand...
Definitely report the birth to the embassy, even though your child will not be eligible for US citizenship at birth. That would create a record with them that can help when trying to establish the child's citizenship later via the N-600K process using the grandparent exception (if your US citizen parent lived long enough in the US and you have proof).
 
Last edited by a moderator:
Your Russian wife cannot get a Green card as you do not intend to reside in the US at all. Get her into the US on a suitable nonimmigrant visa, if you want her to accompany you to the US on short trips. Your child can become a US citizen if he/she desires to be. Since you are USC ,your child can apply for a certificate of citizenship by filing Form N-600.
 
You must log in or register to reply here.
Top