Immigration of dual citizen kids

[Knockse 1]

Hi all,

After lots of reading on this forum, we sent in our I-130 to the Chicago lockbox.

Now when preparing the next steps, including the I-864.

Me and my wife have 2 kids together. Both have dual nationality but were born in my home country.

I assume they can just move to the States without administrative hassle, but is that really so?

When crawling trough tons of info, some of that info seems to contradict.

So, do i have to arrange or start up an immigration proces for my 2 kids or can I just put them on a plan when the time comes?

To complete the info, mu wife is an American who has lived her whole life with me in Europe and is also dual.

best regards,

Knockse

[Laure&Colin 562]

Hi all,

After lots of reading on this forum, we sent in our I-130 to the Chicago lockbox.

Now when preparing the next steps, including the I-864.

Me and my wife have 2 kids together. Both have dual nationality but were born in my home country.

I assume they can just move to the States without administrative hassle, but is that really so?

When crawling trough tons of info, some of that info seems to contradict.

So, do i have to arrange or start up an immigration proces for my 2 kids or can I just put them on a plan when the time comes?

To complete the info, mu wife is an American who has lived her whole life with me in Europe and is also dual.

best regards,

Knockse

You say they have dual citizenship but is one of these 2 US?? If they are USCs then they should have a US passport, and provided your wife went through the process of declaring their birth abroad as US citizens, then there's no problem. They already are American citizens.

[Penguin_ie 6,000]

You say they have dual citizenship but is one of these 2 US?? If they are USCs then they should have a US passport, and provided your wife went through the process of declaring their birth abroad as US citizens, then there's no problem. They already are American citizens.

If your wife truly did life her whole life in your country, then the kids are unlikely to have US citizenship, unless she went back to the USA to give birth.

[Clark--Kent 4]

If your wife truly did life her whole life in your country, then the kids are unlikely to have US citizenship, unless she went back to the USA to give birth.

Yep.

You need 5-10 years of physical presence in America with 2-5 years after the age of 14 (depends on your birth year) to pass citizenship to your child when born overseas with a non-citizen spouse.

[canadian_wife 1,831]

Can you please explain a little more about your wife's and your children's citizenship?

Good luck

[Knockse 1]

Can you please explain a little more about your wife's and your children's citizenship?

Good luck

Sure,

My wife is American by birth out of European parents. She returned to live in the States for 2 years, from te age of 6 till 8.

After our first born arrived we went for dual citizenship at our local ambassy. They were granted both the dual and received their US passport after presenting evidence of those 2 years.

As they have their passports I assume they just 'move back' to the States, without having to go through administrative threadmill.

[VanessaTony 3,567]

Sure,

My wife is American by birth out of European parents. She returned to live in the States for 2 years, from te age of 6 till 8.

After our first born arrived we went for dual citizenship at our local ambassy. They were granted both the dual and received their US passport after presenting evidence of those 2 years.

As they have their passports I assume they just 'move back' to the States, without having to go through administrative threadmill.

You assume correctly that if they have US passport they are able to just move to the states.

I am curious though. So you wife was born in the US and only lived there for 2 years total? Or has she lived in the states for longer? Based on your above post she doesn't appear to have enough legal presence to pass on citizenship to the kids but she HAS passed it on... so there must be something I'm missing.

[Knockse 1]

You assume correctly that if they have US passport they are able to just move to the states.

I am curious though. So you wife was born in the US and only lived there for 2 years total? Or has she lived in the states for longer? Based on your above post she doesn't appear to have enough legal presence to pass on citizenship to the kids but she HAS passed it on... so there must be something I'm missing.

That's why I'm curious also

You're not missing anything... all 3 of them have a valid US passport.

[Penguin_ie 6,000]

Maybe one of the CO's missed something, thought she'd been there longer. Anyways they have passports so they are free to move to the US whenever they (well, you!) want.

[Derek & Rita 6]

Maybe one of the CO's missed something, thought she'd been there longer. Anyways they have passports so they are free to move to the US whenever they (well, you!) want.

Well, not quite. Since they are also Belgians (assuming based on the flag), they have to follow all their rules for allowing citizen minors out of the country.

[pushbrk 13,627]

Well, not quite. Since they are also Belgians (assuming based on the flag), they have to follow all their rules for allowing citizen minors out of the country.

Generally the rules are covered by traveling in the company of both parents but it's worth checking on.

[Brother Hesekiel 2,236]

Usually the U.S. Department of State doesn't make mistakes. Everybody does, but they don't.

In order to transfer U.S. citizenship from parent to child, they absolutely require proof of the parent's residency in the U.S. which needs to be at least 7 years, of which 2 have to be after the age of 14 (This used to be 10/5.). If the parent cannot meet these requirements, residency of a grandparent can be used. So my guess is that this is the case here, as it is unthinkable and unheard of that they mistakenly issued U.S. passports for the kids.

In any case, that's water under the bridge now; being U.S. citizens the children can enter the U.S. freely, albeit with a U.S. passport.

[Knockse 1]

I've checked the old website from the embassy with http://web.archive.org and none of the actual requirements you guys mentioned above, were needed a that time.

I remember we did had to present evidence of physical presence in the States of my wife, but the 2 years were aparantly suficient.

So, I remain confident there will no need to fill in some extra immigration forms, when reading the posts above