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bvpshenvalley

Where should I have my baby?

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Filed: Country: Peru
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Hello all,

Has anyone had a baby in wedlock to a non-resident alien spouse living in a foregin country without a visa to the US? Where did you choose to have the baby--US or the foreign country and why? How do you fill out the birth certificate if the baby is born in the US and the spouse is not a resident here in order to obtain a passport quickly for the baby?

Thanks for your help!

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello all,

Has anyone had a baby in wedlock to a non-resident alien spouse living in a foregin country without a visa to the US? Where did you choose to have the baby--US or the foreign country and why? How do you fill out the birth certificate if the baby is born in the US and the spouse is not a resident here in order to obtain a passport quickly for the baby?

Thanks for your help!

If the baby is born in the US then the baby is a US citizen, even if both parents are not US citizens. It doesn't matter what you write on the birth certificate. The baby can get a US passport.

If the baby is born outside the US and either parent is a US citizen who meets the residency requirements then the baby's birth can be registered with the US consulate by filing a CRBA. The baby will get a US passport. The evidence and documents required depend on which parent is the US citizen, and whether or not they are married. The residency requirements are that the US citizen parent must have lived at least 5 years in the US, at least two of which must have been after they were 14 years old. They don't need to have been US citizens for the entire five years - they just need to have been lawfully present.

If the baby is born outside the US and one of the parents is a US citizen, but that parent doesn't meet the residency requirements, then the baby will not derive US citizenship at birth. However, if the baby comes to the US, is in the custody of it's US citizen parent, and is admitted for immigration (i.e., enters with an immigrant visa or adjusts status after arrival) then the baby becomes a US citizen. The baby can get a US passport.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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