Best way for new born US citizenship?

[slamice 0]

Here is our situation:

I am an American who was received citizenship from my mother. I was born in the middle east and never lived in the states. My mom's side of the family is there and I've visited them while growing up. Fast forward to now. My wife is Japanese. We've been married for almost 3 years but she is not yet a citizen or has a green card. We did declare our marriage to the US embassy.

She is 4.5 months pregnant. I'm now working in Japan and we planned to deliver here. We thought the baby would get Dual citizenship but then after reading up on this it's clear that isn't possible. I don't think I was in the US for more than 5 years.

We would like the child to have dual citizenship, or at least be able to go to school and work in the USA. The two things we are considering:

1. Have my wife give birth in the states (as a "tourist baby"). This has risks of its own and is very expensive (no US insurance, practical problems, ...)

2. Have the baby born in Japan, declare the baby in Japan, go through the paperwork to get my wife and baby into the USA when we are ready (apply through immigration, etc.)

Since we don't know the other options, we are weighing the pros and cons of #1 vs. #2.

How long and expensive is the process to do #2? Are we missing something, is there any other way?

[canadian_wife 1,831]

It sounds like you do not qualify to give your child derivative citizenship

I would never advocate for the 'tourist baby' option. It is expensive if you do not have insurance and I do not support people who would walk away from a medical bill (not saying that you ever would). Plus, there is always the fear your wife would be denied entry because she is pregnant. Then what?

Do you even want to live in the US? Your child would still be able to go to school in the US without citizenship, I did!

Good luck

[HarryCallahan 0]

Your child may be able to get US citizenship through his or her grandparent (i.e. your mother). You still have to apply for it, and you still have to enter the US and stay in the US while applying. You'll have to complete the process before your child turns 18. On the other hand it's a lot easier than the two-step process of applying for a green card and then US citizenship.

See http://www.avvo.com/legal-guides/ugc/obtaining-us-citizenship-through-a-grandparent for details.

[BigDaddy28 228]

As HarryCallahan said you can derive the citizenship from your mother. Im sure it will not be an easy process as directly from a parent to a child but it can be. Good luck and congrats for the baby.