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Cocacola7890

Baby Born in Canada to a US Citizen and Green Card Holder

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Hello,

I Came to US in 2000 and now i am US Citizen from End of 2009. However I have moved to Canada in 2013 Visitor Visa and Still living in Canada. I have received the Canadian PR Card also. My Wife is a Canadian Citizen and She also has the Permanent Resident Card of US. We have given birth to baby in October 2016 in Canada. Can you please let me know if my child can get the US Citizenship or not? As I have not stayed in US for 5 years as a US Citizen. If not what is the other way to get Child US Citizenship.

Thanks


I-130 Sent : 2009-11-28

I-130 NOA1 : 2009-12-07

I-130 Approved : 2010-02-22

NVC Received : 2010-02-25

Received DS-3032 / I-864 Bill :

Pay I-864 Bill

Receive I-864 Package :

Return Completed I-864 :

Return Completed DS-3032 :

Receive IV Bill :

Pay IV Bill :

Receive Instruction Package :

Case Completed at NVC :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

Second Interview

(If Required):

Second Interview Result:

Visa Received :

US Entry :

Comments :

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~Duplicate posing removed~

~Please refrain from multiple posting of same topic~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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There is no route to citizenship for your child unless you move to back to the USA. Your wife likely used provincial health benefits so is not a PR of the USA (you must be a resident of a province to gain health benefits). Also if both of you have been living in Canada since 2013, I highly doubt she did anything to maintain her US domicile and residence. So you'd have to do the IR1 route, also petitioning your child, and when they come to the USA, are an LPR, and in your physcial custody, they can gain citizenship at that point.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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How can your wife be a permanent resident of the USA if she's living in Canada? And why do you need US citizenship for the child if neither of you live there?

OP is looking for answers, not questions.

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Questions can help provide more accurate answers. :)

Sure, but not this line of questioning.

OP already knows some things about the process here and in Canada. They're looking for a how-to on getting citizenship for their child, not why.

You gave good info.

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My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?


I-130 Sent : 2009-11-28

I-130 NOA1 : 2009-12-07

I-130 Approved : 2010-02-22

NVC Received : 2010-02-25

Received DS-3032 / I-864 Bill :

Pay I-864 Bill

Receive I-864 Package :

Return Completed I-864 :

Return Completed DS-3032 :

Receive IV Bill :

Pay IV Bill :

Receive Instruction Package :

Case Completed at NVC :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

Second Interview

(If Required):

Second Interview Result:

Visa Received :

US Entry :

Comments :

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My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?

No

Also, you are required by law to file taxes as a USC since you have income


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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OP said she has a Permanent Resident Card, no mention of how long she has been in Canada.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OP said she has a Permanent Resident Card, no mention of how long she has been in Canada.

The wife has probably lived in Canada as long as the OP has? 2013? It would be rather hard to have your spouse receive a Canada PR card and not live in Canada, even if you applied outland.

My main purpose of getting child an Citizenship is for the future purposes. If he would like to go to US for further study or job or if he would like to stay in US and settle down than he can easily do so.

Even if i stay in canada, i do a consultancy job in USA and i do file a tax return every year in USA. Does that help getting the 5 years line or help getting a Citizenship?

No just because your job is in the USA doesn't mean you're physically present there. Which is the requirement.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Hello,

I Came to US in 2000 and now i am US Citizen from End of 2009. However I have moved to Canada in 2013 Visitor Visa and Still living in Canada. I have received the Canadian PR Card also. My Wife is a Canadian Citizen and She also has the Permanent Resident Card of US. We have given birth to baby in October 2016 in Canada. Can you please let me know if my child can get the US Citizenship or not? As I have not stayed in US for 5 years as a US Citizen. If not what is the other way to get Child US Citizenship.

Thanks

Ignore the stupidity on here. You do not have to explain why you want US citizenship for your child. That's your business, not ours.

You do not need to have stayed in the US for 5 years as a US citizen to pass US citizenship on to your son. Your time as an LPR counts towards the 5 years. SInce you came in 2000, got your citizenship in 2009, and left in 2013, you meet the 5 years residency to pass on US citizenship to your son.

Google "CRBA US citizenship Canada."

Best of luck.

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Off topic, OP's timeline lists an IR5 visa; is that a typo? Its CR1 for spouse LPR status.

Back to topic, baby needs CRBA.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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I wonder how people dont get the citizenship question.

OP is a citizenship of USA and can live anywhere in the world and have a child in anywhere in the world and still pass on citizenship to his child period!

Go to the US embassy and report the birth of your child so that the child will be able to get a USA passport.

On a side note, I hope you have been paying your taxes. And your wife could lose her GC if she continues to live in Canada. GC is not a for living outside USA.

Congrats on the baby!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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2009 to 2013. Is someone not able to do math? The only way that would be 5 years is if the person was a citizen and present in the USA for all of 2009 and 2013. Which unless you become a citizen on Jan 1, 2009 and reside in the USA until Dec 31, 2013, it's impossible.

The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

Serving honorably in the U.S. armed forces;

Employed with the U.S. government; or

Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

It is possible that the time spent visiting in Canada may be counted as residing in the USA if proof can be had of maintaining domicile in the USA and the PR card for Canada wasn't applied for during that time.

Unlike the USA, Canada allows you to move there with a spouse with the intent to immigrate. However, the PR card can take much longer to get inland.

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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