Citizenship for a baby

[NickD 202]

Hi guys, we need advice.....my fiance and i have a two years old baby, our son born in Guatemala a year before he became a USC , so we cant get a USC passport or a USC birth cetificate here in Guatemala Embassy, we are in a k-1 visa process righ now and the baby was added, the question is: what is the next step to our baby when we are in the united state? how or what my fiance have to do for the AOS of his son?

Thanks in advance!!

Just seems like the ball was dropped when your fiancé didn't include his baby when he received his USC. Before the fact is so much easier than after the fact.

[geezer 1]

Hi guys, we need advice.....my fiance and i have a two years old baby, our son born in Guatemala a year before he became a USC , so we cant get a USC passport or a USC birth cetificate here in Guatemala Embassy, we are in a k-1 visa process righ now and the baby was added, the question is: what is the next step to our baby when we are in the united state? how or what my fiance have to do for the AOS of his son?

Thanks in advance!!

This is something you should talk to a lawyer about.

If your son enters on the K-2 he will not be an automatic citizen upon entry because the K-2 is not an immigrant visa.

It might be a good idea for your fiance to file an I-130 for your son now and request the embassy schedule the K-1 interview for you and the IR-2 interview for you and son together,

or it might be possible to continue with the K-2 for your son, adjust status, and then make a claim of citizenship.

In my opinion your case is to complicated to get good advice here because what is best for you depends on legal questions such as physical custody, your fiances status, your financial situation and the time period you have. Check out a lawyer in your town or if you cant afford one try something like Catholic Community Services they have immigration lawyers in many places.

Edited February 17, 2009 by geezer

[YuAndDan 153]

Hi guys, we need advice.....my fiance and i have a two years old baby, our son born in Guatemala a year before he became a USC , so we cant get a USC passport or a USC birth cetificate here in Guatemala Embassy, we are in a k-1 visa process righ now and the baby was added, the question is: what is the next step to our baby when we are in the united state? how or what my fiance have to do for the AOS of his son?

Thanks in advance!!

This is something you should talk to a lawyer about.

If your son enters on the K-2 he will not be an automatic citizen upon entry because the K-2 is not an immigrant visa.

It might be a good idea for your fiance to file an I-130 for your son now and request the embassy schedule the K-1 interview for you and the IR-2 interview for you and son together,

or it might be possible to continue with the K-2 for your son, adjust status, and then make a claim of citizenship.

In my opinion your case is to complicated to get good advice here because what is best for you depends on legal questions such as physical custody, your fiances status, your financial situation and the time period you have. Check out a lawyer in your town or if you cant afford one try something like Catholic Community Services they have immigration lawyers in many places.

Yes there is the catch. In this case it would have been better, simpler, and less expensive to have married first, then apply for a SPOUSAL (CR-1) visa, and CR-2 visa for your child.

The child would enter the USA as an IMMIGRANT, and could simply file an N-600 for citizenship.

Edited February 17, 2009 by YuAndDan

[lucyrich 19]

De lo que entiendo de este sitio, parece que cuando tu hijo entra los EEUU con la visa (talvez K-2? no estoy segura de que tipo) y ya que tiene menos de 18 años de edad y que su papa ya es ciudadano, cuando entra con la visa ya va a ser ciudadano automaticamente. Esta informacion viene del sitio y dice que solo UN padre tiene que ser ciudadano, no los dos. Espero que te haya ayudado!

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one adoptive parent is a U.S. citizen,

The child is under 18 years of age,

If the child is adopted, a full and final adoption of the child, and

The child is admitted to the United States as an immigrant (con la visa)

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

That phrase "admitted to the United States as an immigrant", means essentially "has green card status". There are two obvious ways the child could get that status: He could enter the US with an immigrant visa, or the child could enter on a nonimmigrant visa such as a K-2, and then complete adjustment of status for the green card.

Either way works just as well as the other. The different routes have the same advantages and disadvantages (mostly having to do with costs, timelines, and number of forms to fill out) whether the goal would be to get a green card or to get US Citizenship for the child.

As soon as the child gets green card status, you can file the N-600 for a certificate of citizenship and get the baby a US passport. There's no need to go through naturalization, no need to wait a number of years, no need to go through removal of conditions, etc.

[jokalu 1]

so the baby have to pass for the AOS just like me? but when he have the conditional green card, his father could fill the N-600 and skip the removal condition two years later? thats the way?

[jokalu 1]

Hi guys, we need advice.....my fiance and i have a two years old baby, our son born in Guatemala a year before he became a USC , so we cant get a USC passport or a USC birth cetificate here in Guatemala Embassy, we are in a k-1 visa process righ now and the baby was added, the question is: what is the next step to our baby when we are in the united state? how or what my fiance have to do for the AOS of his son?

Thanks in advance!!

This is something you should talk to a lawyer about.

If your son enters on the K-2 he will not be an automatic citizen upon entry because the K-2 is not an immigrant visa.

It might be a good idea for your fiance to file an I-130 for your son now and request the embassy schedule the K-1 interview for you and the IR-2 interview for you and son together,

or it might be possible to continue with the K-2 for your son, adjust status, and then make a claim of citizenship.

In my opinion your case is to complicated to get good advice here because what is best for you depends on legal questions such as physical custody, your fiances status, your financial situation and the time period you have. Check out a lawyer in your town or if you cant afford one try something like Catholic Community Services they have immigration lawyers in many places.

Yes there is the catch. In this case it would have been better, simpler, and less expensive to have married first, then apply for a SPOUSAL (CR-1) visa, and CR-2 visa for your child.

The child would enter the USA as an IMMIGRANT, and could simply file an N-600 for citizenship.

OMG no way, we already in k-1 process, and it pass 7 months since we recieved the NOA1 , and give up whit this petition to start another one, . no i dont think so!!!

[YuAndDan 153]

so the baby have to pass for the AOS just like me? but when he have the conditional green card, his father could fill the N-600 and skip the removal condition two years later? thats the way?

Correct! As soon as child has a green-card, father can file an N-600 and skip removal of conditions for the child.

[jokalu 1]

so the baby have to pass for the AOS just like me? but when he have the conditional green card, his father could fill the N-600 and skip the removal condition two years later? thats the way?

Correct! As soon as child has a green-card, father can file an N-600 and skip removal of conditions for the child.

Thanks for the free advice!!! today i send a e-mail to the american embassy here in Guatemala, so who knows and they give to us a clue about this particular case!!