US Citizenship Status

[Tunapiano 9]

I have an odd question. As I posted yesterday I got my RFE for my k1 fiance visa application filed in April. But I have read some things in the past about this... Getting your k1 visa and then having a child here before the adjustment of status and green card come through. Does the fiance ( now the spouse) and/or the baby have to stay in the US for a period of time or the baby loses its citizenship? 

 

Back when Trump was changing things around may and June I read somewhere that one of his changes was that a newborn born to a permanent resident new to the US had to stay here for a year and neither the mom or the child could leave or risk the baby losing citizenship status. Maybe this is the wrong forum post for this i don't know. 

 

I should note I'm the US citizen, my fiance is Canadian. I was born and raised here 37 years ago. 

Edited September 28, 2017 by Tunapiano

[Going through 5,674]

1 hour ago, Tunapiano said:

Does the fiance ( now the spouse) and/or the baby have to stay in the US for a period of time or the baby loses its citizenship? 

A baby born in the US is a United States citizen.  That cannot be taken away from the baby.  If the baby is born in the US, and say the parents take the infant out immediately and raise him/her in another country for years and years, never returning to live in the US, the baby (now an adult) would have to re-establish proof of domicile should they wish to ever sponsor someone else for immigration benefits.  That is not the same as "losing" their citizenship by birth, however.

 

1 hour ago, Tunapiano said:

Back when Trump was changing things around may and June I read somewhere that one of his changes was that a newborn born to a permanent resident new to the US had to stay here for a year and neither the mom or the child could leave or risk the baby losing citizenship status.

Trump was referring to what is commonly called "anchor babies".  People who ensure their babies are born in the US, frequently in the hopes that they gain immigration benefits through them when reaching the age of majority.  Or they incorrectly think having a baby born in the US means the parent will never be deported, etc.  Foreign parents of US-born children can still be removed from the country, depending upon their own legal status.

 

In short, making sure one has a baby born in the US doesn't make USCIS look any "easier" on a couple when determining immigration benefits.

[geowrian 22,339]

A child born in the US is a USC at birth (barring unusual circumstances like having foreign diplomats as parents).

A child of a USC is also a USC at birth in most circumstances (https://www.uscis.gov/us-citizenship/citizenship-through-parents). Given that you were raised in the US, it sounds like you easily meet the physical presence requirements to pass citizenship to a biological child.

 

https://www.uscis.gov/us-citizenship

To become a citizen at birth, you must:

• Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR  
• had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

http://immigration.findlaw.com/citizenship/u-s-citizenship-through-parents-or-by-birth.html

 

So either way, you're fine. There's no need to worry about the child's citizenship being revoked any more than your own when you travel abroad (it's not happening without a deliberate act to do so).