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yamila

U.S. citizen with undocumented daughter

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Filed: K-1 Visa Country: Argentina
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HI, I am a US citizen and I had my daughter in a foreign country two years ago. I was married when the child was born (and I still am). I had been living in that country for over 10 years. Since then my husband and I have moved to the U.S. He has a green card. What process do I need to do to get our daughter her citizenship? on the goverment web site it looks easy, but that is only if I had been in the USA recently. Please point me in the right diretion!

Thanks.


2/20/2007--K-1 interview and approved visa!!!

3/14/2007--entry into the U.S

3/19/2007- civil wedding

3/21/2007--OAS papers mailed off

4/21/07 Biometrics appointment

6/20/2007--AOS interview in sacramento--almost aproved

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HI, I am a US citizen and I had my daughter in a foreign country two years ago. I was married when the child was born (and I still am). I had been living in that country for over 10 years. Since then my husband and I have moved to the U.S. He has a green card. What process do I need to do to get our daughter her citizenship? on the goverment web site it looks easy, but that is only if I had been in the USA recently. Please point me in the right diretion!

Thanks.

You have to check whether your daughter is natural born US citizen, or not.

It will depends on whether you have been living in US for more than 5 years in your lifetime when you delivered her.

If US Embassy consular officer can confirm that info, she can get US Passport, and birth certificate issued.

Otherwise, you can use N600 form to get her citizenship, I believe.

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HI, I am a US citizen and I had my daughter in a foreign country two years ago. I was married when the child was born (and I still am). I had been living in that country for over 10 years. Since then my husband and I have moved to the U.S. He has a green card. What process do I need to do to get our daughter her citizenship? on the goverment web site it looks easy, but that is only if I had been in the USA recently. Please point me in the right diretion!

Thanks.

OOPs

Edited by Haole

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

!! ALL PAU!

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HI, I am a US citizen and I had my daughter in a foreign country two years ago. I was married when the child was born (and I still am). I had been living in that country for over 10 years. Since then my husband and I have moved to the U.S. He has a green card. What process do I need to do to get our daughter her citizenship? on the goverment web site it looks easy, but that is only if I had been in the USA recently. Please point me in the right diretion!

There are two questions you don't answer: Where is your daughter now, and was she a citizen when she was born?

If you, the US Citizen parent, spent more than five years actually inside the US before she was born, and more than two of those years were after your 14th birthday, then your daughter is a US Citizen no matter where she was born. See INA 301(g). To get proof of her US Citizenship, you can either apply for a passport for her (see travel.state.gov for instructions on how to get a passport), or file an N-600 with the USCIS to get her a certificate of citizenship, or file a consular report of birth abroad with the consulate serving the area where she was born. It may be too late for the consular report of birth abroad, and that's probably inconvenient if you're already in the US anyway. Regardless of the document you apply for, they'll want evidence of when and where she was born, evidence that you are her parent, evidence that you are a US Citizen, and evidence that you have spent the required time inside the US before she was born.

If she was not a US Citizen at the time of her birth (if you hadn't spent much time in the US before she was born) then, per INA 320, she'll automatically become a citizen once all three of the following things happen:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (you already meet this one)

(2) The child is under the age of eighteen years. (the child meets this one)

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

That last requirement means the child has to live with you in the US and have a green card. That is, the child should come in on an immigrant visa, or should be eligible to adjust status. Depending on where the child is now, or whether the child has come into the US without documentation, this part may be easy or hard.

Once all three of those factors are true, you can file an N-600 application for certificate of citizenship for your child.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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HI, I am a US citizen and I had my daughter in a foreign country two years ago. I was married when the child was born (and I still am). I had been living in that country for over 10 years. Since then my husband and I have moved to the U.S. He has a green card. What process do I need to do to get our daughter her citizenship? on the goverment web site it looks easy, but that is only if I had been in the USA recently. Please point me in the right diretion!

There are two questions you don't answer: Where is your daughter now, and was she a citizen when she was born?

If you, the US Citizen parent, spent more than five years actually inside the US before she was born, and more than two of those years were after your 14th birthday, then your daughter is a US Citizen no matter where she was born. See INA 301(g). To get proof of her US Citizenship, you can either apply for a passport for her (see travel.state.gov for instructions on how to get a passport), or file an N-600 with the USCIS to get her a certificate of citizenship, or file a consular report of birth abroad with the consulate serving the area where she was born. It may be too late for the consular report of birth abroad, and that's probably inconvenient if you're already in the US anyway. Regardless of the document you apply for, they'll want evidence of when and where she was born, evidence that you are her parent, evidence that you are a US Citizen, and evidence that you have spent the required time inside the US before she was born.

If she was not a US Citizen at the time of her birth (if you hadn't spent much time in the US before she was born) then, per INA 320, she'll automatically become a citizen once all three of the following things happen:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. (you already meet this one)

(2) The child is under the age of eighteen years. (the child meets this one)

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

That last requirement means the child has to live with you in the US and have a green card. That is, the child should come in on an immigrant visa, or should be eligible to adjust status. Depending on where the child is now, or whether the child has come into the US without documentation, this part may be easy or hard.

Once all three of those factors are true, you can file an N-600 application for certificate of citizenship for your child.

Wow. This, ladies and gentlemen, is why VJ is the bomb. lucyrich, this is an amazingly thorough and detailed response. I have no idea what we would do without this board!


DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

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