Jump to content
Sign in to follow this  
tapas777

New-born citizenship??

9 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

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 by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 by AlwaysWaiting

I-751 Timeline

ROC sent 6-12-2010

Package received by CSC 6-14-2010

NOA sent 6-14-2010

Check Cashed 6-16-2010

NOA received 6-21-2010

Biometrics letter received 7-6-2010 dated 7-01-2010

Biometrics appointment 7-23-2010

Touched 7-23-2010

Touched 7-26-2010

Interview letter recieved 10-13-2010

Interview date 11-5-2010

Approved and approval letter given at interview 11-5-2010

Waiting on card now

Share this post


Link to post
Share on other sites

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 by OBX

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×