N600k question

[Sebas&Lily 3]

Hello all, I have a question that I am hoping someone has an answer to. I have been a US citizen since end of year 2000 (Naturalized) and I am planning to move back home to Romania. My wife has a Green Card (which if we decide to remain overseas, we will turn it back in at the local US Embassy) since she married me here in the US. We are planning to have a child (or two ) and I've read that our child will most likely be a US citizen once the child is born and we apply for a US Certificate of Birth with the local embassy. Now I've also read that the embassy no longer does this? And we have to apply with USCIS? Can we apply from overseas? Or do we need to be present? Thanks in advance

[Alex B 9]

Hello all, I have a question that I am hoping someone has an answer to. I have been a US citizen since end of year 2000 (Naturalized) and I am planning to move back home to Romania. My wife has a Green Card (which if we decide to remain overseas, we will turn it back in at the local US Embassy) since she married me here in the US. We are planning to have a child (or two ) and I've read that our child will most likely be a US citizen once the child is born and we apply for a US Certificate of Birth with the local embassy. Now I've also read that the embassy no longer does this? And we have to apply with USCIS? Can we apply from overseas? Or do we need to be present? Thanks in advance

It's called a consular report of birth (http://travel.state.gov/law/family_issues/birth/birth_593.html). For your child to be a US Citizen at birth (for a child born since Nov 18, 1986) you would as the citizen parent had to have been physically present in the US for a total of 5 years, at least 2 of which must have been after your 14th birthday. Here's another link that shows the current state of the law, with lots of extraneous info that doesn't concern you because your child is not yet born. http://www.americanlaw.com/citabrd.html

The only question that hasn't ever been settled is wether the child would be eligible to be President of the USA. Certainly a naturalized citizen would not be eligible and certainly a citizen born within the USA would be eligible. The question of a citizen at birth born abroad has never come before the courts. How about you have your child and then give the courts reason to figure this out!

On the turning in the Green Card bit, wouldn't it make more sense to either file for her citizenship (if she meets the residency test), or file for a re-entry permit. By handing in the green card when you leave you're burning your bridges. Maybe things won't work out in Romania as you expect. By having not turned in the green card you get a year to figure this out, by filing for a re-entry permit you get 2 years to figure this out.

Good luck with your travels.

[Sebas&Lily 3]

Yes! I was going to just ask about that, it mentions in the Instruction #11 that Proof of residence is required for the parent(s) but does not mention how long of whatnot. I've been in the US since 1995 (I turned 17 in '95) but I'm planning to move back to Romania for a while and see how I might adjust back home and if I don't like it, we might come back. But if we do remain there I want to still be able to pass on my citizenship to my child

Edited April 26, 2011 by Sebas&Lily

[Sebas&Lily 3]

Presidency you say? I'll make sure it's a boy

Haha I keep editing my post because I haven't read your entire reply yet and then I couldn't edit anylonger because the editing time expired lol

Yes we are not turning it in yet (the GC) but by Feb 2012 it would be a year since she left the US. By filling a re-entry permit don't you have to actually USE it?

Her GC is conditional and only after the conditions are removed (or maybe even later) we can apply for her Citizenship.

[Sebas&Lily 3]

It's called a consular report of birth (http://travel.state.gov/law/family_issues/birth/birth_593.html).

So I might have read that page wrong yesterday when I came across it...what is the difference between a Consular Report of Birth Abroad and the Certification of Report of Birth ? The latter one is no longer being turned into the Embassy but directly to USCIS...am I just confused? If my child will be born do I just head over to the US Embassy in Bucharest and apply for a Consular Report of Birth Abroad?

[Sebas&Lily 3]

Also found this on their website:

"On January 3, 2011, the Department of State began issuing a new Consular Report of Birth Abroad (FS-240). You may request multiple copies of this document at any time. As of December 31, 2010 the Certificate of Report of Birth (DS-1350) is no longer issued. All previously issued FS-240 and DS-1350 documents are still valid for proof of identity, citizenship and other legal purposes."

So if I read that correctly, I will be applying for a FS-240, not the N600k?

[Sebas&Lily 3]

And I think I found my answer

"Birth Abroad of a U.S. Citizen

Most children born abroad to a U.S. citizen parent or parents acquire U.S. citizenship at birth. As soon as possible after the birth, the U.S. citizen parent should contact the nearest U.S. Embassy or Consulate. If the consul determines that the child has acquired U.S. citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240). This document is recognized in the United States as proof of acquisition of U.S. citizenship, and it is acceptable evidence of citizenship for obtaining a passport, entering school, and most other purposes. Failure to document a child promptly as a U.S. citizen may cause hardship for the parents or child later on when attempting to obtain a passport or register for school. For further information, visit the Department of State website at http://www.travel.state.gov/law/family_issues/birth/birth_593.html "

Taken from here: http://travel.state.gov/travel/living/residing/residing_4993.html

[NickD 202]

Wonder if this is a new trend, this past year, three of my wifes' friends and co-workers have returned to their home country, and this was after gaining US citizenship. All three are leaving their US citizen husband behind, one to Spain, another to Mexico, last to Colombia. Similar stories, long hard work, low pay, super high property taxes, extraordinary medical costs, practically no time off to relax and enjoy life, all are accustomed to getting all of Holy Week off and three weeks for Christmas. No such thing here.

So what's your reason? Maybe this board needs a section for immigrants that decided to go back home.

If my wife decides to leave, I will go with her, we are a team. Heard on the news that only 400 of the richest families own over 50% of the USA, we can let them have the other 50% and won't have the rest of us for slaves so will have to do their own floor sweeping.

[Alex B 9]

So I might have read that page wrong yesterday when I came across it...what is the difference between a Consular Report of Birth Abroad and the Certification of Report of Birth ? The latter one is no longer being turned into the Embassy but directly to USCIS...am I just confused? If my child will be born do I just head over to the US Embassy in Bucharest and apply for a Consular Report of Birth Abroad?

I've been looking at this myself recently. It looks like the approach is you file for the consular report of birth abroad and then follow up with a passport application. Then you're pretty much done. It works similarly in the UK. My daughter was born in the US but gets UK citizenship through me. She doesn't have a birth certificate or consular report, I just applied for a British passport for her - case settled. You're correct that for the US now it's not an N600k but the FS-240.

If you're married then I think it's just a statement from you saying that you're married. If the child is illegitimate then I think you may need to pay for DNA testing.

Another interesting determination I found, as for my case, is that the period of residency (5 years) does not necessarily mean that you have to have been a US Citizen for that period. So in my case I entered the US on 1995 on an E-2 visa and I didn't become a naturalized citizen until 2006. I've now met both criteria. I've remained in the US for 5 years since 14 and I'm currently a US citizen. It seems with the physical presence that congress felt that by having the parent present for 5 years, they would have an understanding of the US customs and culture and would then be able to impart that to the child.

BTW - your kid doesn't necessarily have to be a boy. We've already succeeded in putting a black man in the White House, now it's high time we put a woman in there too.

So why did your wife want to return to Romania?

[Sebas&Lily 3]

Wonder if this is a new trend, this past year, three of my wifes' friends and co-workers have returned to their home country, and this was after gaining US citizenship. All three are leaving their US citizen husband behind, one to Spain, another to Mexico, last to Colombia. Similar stories, long hard work, low pay, super high property taxes, extraordinary medical costs, practically no time off to relax and enjoy life, all are accustomed to getting all of Holy Week off and three weeks for Christmas. No such thing here.

So what's your reason? Maybe this board needs a section for immigrants that decided to go back home.

If my wife decides to leave, I will go with her, we are a team. Heard on the news that only 400 of the richest families own over 50% of the USA, we can let them have the other 50% and won't have the rest of us for slaves so will have to do their own floor sweeping.

Well my reason is just wanting to be with her and still missing my home country. Maybe the weather here in Seattle has a big part in this too but everytime I went back to Romania, I felt like I belong there, can't really explain the feeling. For me, making less money in Romania is not really a big concern. I am fine with making less money and I can still be happy. I did tell my wife though, if I can't re-adjust to life in Romania or if I can't find a job, I want to move to a different country in Europe, maybe the UK (but that steering wheel on the right side is really killing it for me ) or even Spain. There is also a chance for us to come back to the USofA but most likely it won't be in Seattle again. It is really far from our home country, the weather is depressing and I sort of miss looking around and not seeing any places or buildings that have any history or culture behind them . I mean I can walk around the Vatican for days and weeks at a time and still find it breathtaking . Walk around Seattle for a bit...meh.

Another interesting determination I found, as for my case, is that the period of residency (5 years) does not necessarily mean that you have to have been a US Citizen for that period. So in my case I entered the US on 1995 on an E-2 visa and I didn't become a naturalized citizen until 2006. I've now met both criteria. I've remained in the US for 5 years since 14 and I'm currently a US citizen. It seems with the physical presence that congress felt that by having the parent present for 5 years, they would have an understanding of the US customs and culture and would then be able to impart that to the child.

BTW - your kid doesn't necessarily have to be a boy. We've already succeeded in putting a black man in the White House, now it's high time we put a woman in there too.

So why did your wife want to return to Romania?

Well for my wife it's a different story, she has many years of schooling done in Romania which she will most likely loose if we move here. She is an Engineer and Project Manager for a pretty big company back home. We are also in our early 30's so we want children, we want to settle down, buy our own place, we don't want to go back to school, to start over. Maybe if we were in our early 20s, that would be different. After a while, priorities change.

Edited April 27, 2011 by Sebas&Lily

[romivio 1]

I just got back from Romania after a 6 month of stay there (immigration issue). My first impulse was to reply to you: go to a doctor to have your head checked.

Seriously, go first for a visit, and if you like it stay there.

Some people do, we do not.

And while there, please adopt one of the millions stray dogs roaming the streets and creating havoc and panic.

Also talk with Romanian drivers to abstain from killing people on the cross walk every day, you can try to persuade the purse snachers to abstain from that activity, talk to rulling elite to abstain from stealing and taking fat comissions and bribes.

Talk to hospital managers to pay better doctors so they do not go abroad and also to bring equipment and medicines.

I am sure you can do a lot to improve your beloved country of Absurdia, meaning Romanica.

GOOD LUCK