son of a USC

[wisley 0]

Hi there

a friend of mine get married , his wife was born in the US so she is a USC but she never live in the US , and never visit the US at all , NOW both of them live in jordan ( my friend and his wife )......

1) if she will give birth in jordan how this child will get the US citizenship ????

2) if my friend want to file I-130 to get the green card is there any condition or any requirement based on his wife status ????

[Penguin_ie 5,994]

**** Moving from US citizenship to General Immigration forum ****

1. If she never lived in the USA, the child will not get US citizenship at birth (unless mom travels to the US and gives birth there).

2. Your friend, the foreigner, cannot file the I-130- that is a petition and the US citizen (ie his wife) would need to file it for both him and their child, once born. There is no special conditions as such, but the US citizen wife would need to show that a) she plans to make the USA her domicile (may be difficult if she never even travelled there) b) she filed US taxes, as a US citizen is required even when living abroad and c) she can financially support her household (her, her husband, and any children) either by assets or a co-sponsor that is US based.

[wisley 0]

i know that ............... i know the child will never get the citizenship by birth unless he was born in the us , but if he was born in jordan and want to get the USC he will get green card first or he can apply for citizenship ........ whats the requirment for child ????

also i know that she will file I-130 not my friend , and by the way if she never file the US TAX what is consequences ??????

[Penguin_ie 5,994]

The USC mother would need to file for an immigrant visa for the child (starting with the same I-130 as the spousal visa). Once the child arrives in the USA, it will become a US citizen immediately.

Likely no consequences on not filing, unless she made a huge sum of money (in most cases, while the US citizen is required to file, they won't actually need to PAY taxes, if they are taxed in their home country). But she will need to back-file for at least the last three years. She should do that asap so she has the papers ready when the time comes for the visas.

[newacct 688]

i know the child will never get the citizenship by birth unless he was born in the us

Not true. If the mother had lived in the U.S. for 5 years cumulatively, 2 of which was after the age of 14, then her son would be a U.S. citizen at birth. Your description is kind of contradictory -- you said she was born in the U.S., which implies that she was in the U.S. for a period of time; yet you say she has never lived in the U.S. So how long was she in the U.S.? and at what age?

but if he was born in jordan and want to get the USC he will get green card first or he can apply for citizenship ........ whats the requirment for child ????

Yes he would need to get a green card through his mother and move to the U.S. If he moves to the U.S. with his mother, he can immediately get citizenship through the Child Citizenship Act of 2000.

[wisley 0]

Not true. If the mother had lived in the U.S. for 5 years cumulatively, 2 of which was after the age of 14, then her son would be a U.S. citizen at birth. Your description is kind of contradictory -- you said she was born in the U.S., which implies that she was in the U.S. for a period of time; yet you say she has never lived in the U.S. So how long was she in the U.S.? and at what age?

Yes he would need to get a green card through his mother and move to the U.S. If he moves to the U.S. with his mother, he can immediately get citizenship through the Child Citizenship Act of 2000.

she was born in the US and after one week she left " with her family of course" the US and never comeback sooooooooooo she is totally live in the US 7 DAYS only