New-born citizenship??

[tapas777 0]

My wife is an American citizen who was born in Egypt and she did not live in the state more than 4 month throughout her life. We currently live in Canada and expecting a baby in January 2010. We submitted I-130 and we are getting the documents and I-864 ready to be sent to Montreal. Will the baby get the US citizenship if he/she born here in Canada? Or will it be better for my wife to give birth in USA?

[Darnell 8,478]

Your wife does not qualify as a 'us citizen' for purposes of establish a 'Consulate Record of Birth Abroad' for the child.

'ready to send to Montreal' ? Not NVC ?

If she filed I-130 via DCF, then maybe you'll get some speed, with interview in October (maybe).

IMO, if you want the baby to have USA citizenship, have the baby in USA.

Will your wife have 're-establishing domicile' issues to overcome, prior to interview day, as well?

[Kathryn41 3,205]

Duplicate thread removed and this thread moved to US Citizenship forum from CR-1 forum as a more appropriate location for the subject matter

Edited July 12, 2010 by Kathryn41

[CaptainPenguin 5]

My wife is an American citizen who was born in Egypt and she did not live in the state more than 4 month throughout her life. We currently live in Canada and expecting a baby in January 2010. We submitted I-130 and we are getting the documents and I-864 ready to be sent to Montreal. Will the baby get the US citizenship if he/she born here in Canada? Or will it be better for my wife to give birth in USA?

As your wife does not meet the residency requirements she should make sure to give birth within the USA.

Acquisition of citizenship

Birth within the United States

Main article: Birthright citizenship in the United States of AmericaMain article: Jus soliThe Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment,^[5] although it has generally been assumed that they are.^[6] A birth certificate issued by a U.S. state or territorial government is evidence of citizenship, and is usually accepted as proof of citizenship.

In the case of United States v. Wong Kim Ark, 169 U.S. 649

(1898), the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th amendment of the Constitution, if that person is:

• Born in the United States
• Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
• Has parents that have permanent domicile and residence in the United States
• Has parents that are in the United States for business

Through birth abroad to one United States citizen

A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true:^[7]

• One of the person's parents was a U.S. citizen when the person in question was born
• The citizen parent lived at least five years in the United States before the child's birth
• A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in "honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization". Additionally citizens who spent time living abroad as the "dependent unmarried son or daughter and a member of the household of a person" in any of the previously mentioned organizations can also be counted.

A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.

[NickD 202]

Here again is where your place of birth becomes a key issue regardless of the circumstances. Have heard, but don't know if this is a general rule or just isolated cases, where a woman that is not a LPR or a US citizen, but attempting to enter this country legally that looks very pregnant, has been denied entry due to that place of birth rule. Just something to look out for..

Yet another factor is the cost of a birth, because my son owned a home, my granddaughter cost him $16,300.00 to be born here. but if you are dead broke and don't anything, can get the same care for free.

[tapas777 0]

Thanks for all of you. If my wife gives birth here in Canada. Will that affect my immigration file to the states as she has the issue of establishing domicile. My wife was naturalized in 2003 as she got the US citizenship from her mother. My wife has not lived in the US more than 5 months since then.

[IncorrectPolitics 26]

Here again is where your place of birth becomes a key issue regardless of the circumstances. Have heard, but don't know if this is a general rule or just isolated cases, where a woman that is not a LPR or a US citizen, but attempting to enter this country legally that looks very pregnant, has been denied entry due to that place of birth rule. Just something to look out for..

Yet another factor is the cost of a birth, because my son owned a home, my granddaughter cost him $16,300.00 to be born here. but if you are dead broke and don't anything, can get the same care for free.

His wife is a U.S. citizen and probably has a U.S. passport. It doesn't matter if she is about to pop.....they have to let her in the country. Just be sure she has someone to stay with her for the remainder of her pregnancy to help her out. As for the cost of things, you can work out payment plans with the hospital, there are certain clinics with payment scales and that price includes the hospital cost, and there are certain states that have government assistance for pregnant women.

Edited August 20, 2010 by AlwaysWaiting

[OBX 51]

Thanks for all of you. If my wife gives birth here in Canada. Will that affect my immigration file to the states as she has the issue of establishing domicile. My wife was naturalized in 2003 as she got the US citizenship from her mother. My wife has not lived in the US more than 5 months since then.

Montreal consulate has been very particular regarding establishing domicle. Have a read through this thread Proving Domicle.

You might also want to check out the DCF forum for additional information. DCF Montreal Interview Wait Times

Good luck with everything

Edited August 20, 2010 by OBX

[tapas777 0]

We got the following as to establish domicile:

1- Rental agreement from her uncle.

2- Bank account in the US.

3- A quote from UHAUL to estimate the cost of moving from Canada to US.

4- Job applicatoins for both of us in USA.

Will that be enough if my wife give birth here in Canada?

Thanks

Montreal consulate has been very particular regarding establishing domicle. Have a read through this thread Proving Domicle.

You might also want to check out the DCF forum for additional information. DCF Montreal Interview Wait Times

Good luck with everything