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rockhouse

If a GC holder & US citizen have a baby overseas is the child a US citizen?

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Filed: K-1 Visa Country: Philippines
Timeline

Hey all, i did a quick search but couldn't find specific info on my question, so...

I'm a US citizen by birth. My wife from the Philippines and has her 2 year GC that won't expire until 2012. She is recently pregnant. We are wondering if around the time she is due, we could fly to the Philippines so she can have the baby, and whether the baby would be a US citizen.

We were married here in Texas on a K-1 visa, so her family wasn't able to attend the wedding. We were thinking she could have the baby in the Philippines so her family could be involved, and maybe the birth could be cheaper as well, because we don't have insurance.

Anyone with any firsthand experience, or information is appreciated. And if this subject would be better in another forum area, maybe the mods can move it....thanks.


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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hi,

I did move your thread from Bringing Family Members of Permanent Residents to America to Bringing US Citizens to the U.S.

After the baby is born you can file a consular report of birth abroad, which basically proves the baby's U.S. citizenship. In order to do this you need to prove (the U.S. citizen parent):

"If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which where after their 14th birthday".

So if you meet this criteria you can apply for a consular report abroad, or even a passport for the baby (or both).

The information for Manila on this is here - not much information. You may want to contact them directly to find out what forms and documents they require.

Anyway, it all depends on how long you have lived in the U.S.

For a more detailed list of the proof they want of your physical presence in the U.S., you can check out the Canada U.S. consular page here.

congratulations

Edited by trailmix

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Filed: Other Country: India
Timeline

This is awesome information....thanks for sharing it... :dance:

Hi,

I did move your thread from Bringing Family Members of Permanent Residents to America to Bringing US Citizens to the U.S.

After the baby is born you can file a consular report of birth abroad, which basically proves the baby's U.S. citizenship. In order to do this you need to prove (the U.S. citizen parent):

"If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which where after their 14th birthday".

So if you meet this criteria you can apply for a consular report abroad, or even a passport for the baby (or both).

The information for Manila on this is here - not much information. You may want to contact them directly to find out what forms and documents they require.

Anyway, it all depends on how long you have lived in the U.S.

For a more detailed list of the proof the want of your physical presence in the U.S., you can check out the Canada U.S. consular page here.

congratulations

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Filed: K-1 Visa Country: Philippines
Timeline

Hey all, i did a quick search but couldn't find specific info on my question, so...

I'm a US citizen by birth. My wife from the Philippines and has her 2 year GC that won't expire until 2012. She is recently pregnant. We are wondering if around the time she is due, we could fly to the Philippines so she can have the baby, and whether the baby would be a US citizen.

We were married here in Texas on a K-1 visa, so her family wasn't able to attend the wedding. We were thinking she could have the baby in the Philippines so her family could be involved, and maybe the birth could be cheaper as well, because we don't have insurance.

Anyone with any firsthand experience, or information is appreciated. And if this subject would be better in another forum area, maybe the mods can move it....thanks.

hi... this is a month thread so im not sure if i could help.. well if ever you decide to have the baby here.. you can file for CRBA (Consular Report of Birth Abroad).. hospital her does not cost much depending on where your wife's family lived. but if you want to hasten the process of your child's citizenship, my advise is, after your baby's birth file for the birth certificate at the civil registrar yourself. get the final form at the medical records of the hospital a day after the birth and tell them you are going to file it yourself since you need it for the citizenship (some hospitals would wait for a month to forward it to the civil registrar) then when filing the birth cert of your child at the civil registrar tell them you want to apply for advance endorsement that way the would forward it immediately to the NSO and would only take a month for you to have your child's NSO certified Birth certificate.. this is one of the requirement for the CRBA that would cause much delay if you dont know what to do at 1st. like i did..


AOS

09-30-10: POE - Seattle, WA

10-21-10: WEDDING!!!!

11-18-10: file AOS with EAD

11-20-10: package delivered to Chicago lockbox (day 2)

12-01-10: check cashed out (day 13)

12-02-10: received notice via email and text confirming the application (day 14)

12-05-10: recieved notice of action by mail for both AOS and EAD (day 17)

12-14-10: received biometrics appointment for dec 29 (day 26)

12-15-10: attempted to have biometrics done (walk-in) - failed reschedule after vacation (day 27)

01-03-11: arrive from vacation with new appointment date for biometrics on the mail (day 46)

01-19-11: biometrics done (day 58)

02-03-11: appointment for interview received - march 9 (day 77)

02-07-11: EAD on production - case number inquiry (day 81)

02-11-11: EAD on production (for the 2nd time) - case number inquiry (day 85)

02-14-11: EAD case number inquiry and email notification that it is approved and mailed (day 88)

02-16-11: EAD card received on mail.. yeppeee!!!! (day 90)

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