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sam808

Question about US Citizenship of the baby

By sam808 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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sam808 Collaborator

sam808   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

We are married in the US on January 2009 and I am delivering our baby soon. My husband is a US Citizen and I am not and haven't started filing for AOS yet and have no plans yet probably until after the baby is born. I came on a K1 visa but it has already expired last march. Is my baby automatically going to be a US Citizen? What are the informations about this? Thanks guys.

raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Anyone born in the U.S. is automatically a U.S. citizen.

So, no worries.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

The child will be a US citizen no matter where it is born if one parent in a USC. Currently you are out of status and should have filed for AOS months ago. Why are you leaving yourself open for immigration problems?

The income requirement for your AOS (I-864 affidavit of support) will be higher after the baby is born as the household size will increase by one.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

sam808 Collaborator

sam808   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted
The child will be a US citizen no matter where it is born if one parent in a USC. Currently you are out of status and should have filed for AOS months ago. Why are you leaving yourself open for immigration problems?

The income requirement for your AOS (I-864 affidavit of support) will be higher after the baby is born as the household size will increase by one.

well, we just don't have the money rightnow to file for AOS.

Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
The child will be a US citizen no matter where it is born if one parent in a USC. Currently you are out of status and should have filed for AOS months ago. Why are you leaving yourself open for immigration problems?

The income requirement for your AOS (I-864 affidavit of support) will be higher after the baby is born as the household size will increase by one.

well, we just don't have the money rightnow to file for AOS.

Beg or borrow the money. It is important you do this, very important. Your baby will be a citizen but your family size and income requirements will go up, as Anh Map noted...good point I might add!

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

DouglasFiel Community Regular

DouglasFiel   53

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
We are married in the US on January 2009 and I am delivering our baby soon. My husband is a US Citizen and I am not and haven't started filing for AOS yet and have no plans yet probably until after the baby is born. I came on a K1 visa but it has already expired last march. Is my baby automatically going to be a US Citizen? What are the informations about this? Thanks guys.

Any child born on US soil is automatically a US Citizen,,, even is both parents are illegal aliens...

If you are having financial problems,,, you might want to at least schedule an INFOPASS with you service center to explore the options.

At least you will know 1. Of there is anything you can do,, to pospone the required paperwork and fees, and 2. You will know the effect

of not doing the paperwork... And how, much trouble you may or may not be in currently.

Good Luck,

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted (edited)

Don't ignore the AOS. As advised above, do what is needed to keep your status legal. The costs involved for AOS should have been planned for along with the K visa.

Worst case scenario is that something will occur that triggers deportation procedings against you. Then your child and husband are in the US and you are forced to return to PI.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

M.O Community Regular

M.O   6

Posted
Filed: Citizen (apr) Country: Moldova
 Timeline
Posted
The child will be a US citizen no matter where it is born if one parent in a USC. Currently you are out of status and should have filed for AOS months ago. Why are you leaving yourself open for immigration problems?

The income requirement for your AOS (I-864 affidavit of support) will be higher after the baby is born as the household size will increase by one.

:yes:

GOD is Good,GOD is Great,GOD is Awesome!

*K1*(process time 7months & 13days)*

12.11.2007 -Filed I-129F

07.24.2008 -VISA interview. APPROVED!!!

*AOS*(process time 7months & 5days)*

11.26.2008 -Filed AOS,EAD,AP

02.09.2009- AP Received

03.20.2009-EAD Received

07.09.2009-2Year Green Card Received

*ROC*(process time 3months & 18days)*

04.04.2011-Filed ROC(I-751)

07.28.2011-10 Year GC Received

*NATURALIZATION*(process time 4months & 27days)*

04/02/2014- Filed N-400

07/08/14-Interview (Recommended for Approval)

08/29/2014-Oath Ceremony

as1cCDkFg000010OXNsenwxNjA0emx8V2UgaGF2Z

 
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