how I can bring my son and daughter

[Londonergirl 133]

3 minutes ago, sam1985 said:

My husband went through the all process ... My kids are not eligible to get German citizenship ... Very similar to USA law ... If one parent is a citizen and the other is not a citizen ... The citizen must meet many criteria to pass the citizen to his childer. So German citizenship is out ... I'm asking if there is any way to get my kids the USA citizenship ...

 

According to Sweden law, my kids will get the Sweden citizenship when they are 3 years old ... But I can't wait another 2.5 years!!

That is not correct.........

[sam1985 8]

1 minute ago, AshMarty said:

I am not an expert on this but I read another forum were a father was in a similar situation and somehow the child qualified for USC under the grandparents. I don't know much about this. I will see if I can find the forum. 

that's will be great. Thank you so much

[SusieQQQ 11,585]

10 minutes ago, sam1985 said:

My husband went through the all process ... My kids are not eligible to get German citizenship ... Very similar to USA law ... If one parent is a citizen and the other is not a citizen ... The citizen must meet many criteria to pass the citizenship to his childer. So German citizenship is out ... I'm asking if there is any way to get my kids the USA citizenship ...

 

According to Sweden law, my kids will get the Sweden citizenship when they are 3 years old ... But I can't wait another 2.5 years!!

The exception posted above to Germany  is if the children would be stateless, which is the case. Has he told the German embassy this?

[AshMarty 359]

9 minutes ago, sam1985 said:

that's will be great. Thank you so much

Here is a different forum that briefly discussed it. If you scroll down the responses you can see when the grandparents become a topic of conversation. 

 

Number 5. On the link: 

 

Have a U.S. citizen parent who has been physically present in the United States or American Samoa or Swains Island for no less than five years. At least two of these years were after the U.S. citizen parent’s 14th birthday.

• If the U.S. citizen parent fails to meet the physical presence requirement, the child must have a U.S. citizen grandparent(s) who was physically present in the United States for a period or for multiple periods totaling not less than five years, at least two of which were after the U.S. citizen grandparent’s 14th birthday.

Edited February 13, 2018 by AshMarty

[SusieQQQ 11,585]

6 minutes ago, sam1985 said:

that's will be great. Thank you so much

Oh that’s correct, if the USC grandparent has met the physical presence rules it can be used. There’s some kind of form obviously. 

[Russ&Caro 1,548]

This is an interesting case, to say the least. Stateless children.

 

I wonder if you could get some sort of exception through the USCIS on account that they have no state to immigrate from. Perhaps some sort of refugee status? Just thinking outside of the box here. Seems like  you would want to consult a very experienced US immigration lawyer.

[Italian_in_NYC 259]

I'm pretty sure the kids are German, unless info on wiki is wrong (which might be possible).

In case they are stateless, they can still obtain a travel passport from Sweden and they can enter the US with that (not sure which visa they will need).

[AshMarty 359]

Assuming the OP was living in the States  for 12 years with her parents, it sounds like they would qualify for US citizenship as well under their grandparents.  But also the German Stateless Kids statement makes it sound like they are eligible for Germany as well.

 

Now I am curious if VJ figured out two pathways for the children's citizenship for either Germany or US, or not?

Edited February 14, 2018 by AshMarty

[Londonergirl 133]

1 hour ago, sam1985 said:

Hello,

 

I hope someone can give me some advice 

 

I'm a USA citizen. I met my husband who is not a USA citizen in Sweden. We got married there and I stayed with him over there because he has a good job.

 

I got pregnant and I have a twin, boy, and girl. I went to USA embassy to give them my citizenship BUT I found out that I'm not eligible to transfer my citizenship to my kids because I didn't meet the criteria of living 5 days, 2 years after age 14. (I lived 12 years before age 14 and 20 months after age 14)

 

We tried to get my kids the citizenship of my husband ... guess what? also got rejected and he couldn't transfer his citizenship to our kids.

 

So now my kids they don't have any passport/citizenship.Oof note, they are not eligible to get Sweden citizenship because I'm American! 

 

So what do I have to do?? I'm here in Sweden and I can't leave out because my kids don't have a passport and I can't leave them alone ...  I can apply for I-130 (As I applied before for my husband and he got the green card) but my kids they don't have any passport yet! 

 

Any advice? 

 

Thank you so much

What visa do you hold in Sweden? Are you a US citizen only? I am reading on the Swedish immigration website right now. 
Is the dad a German citizen only? It will be a bit easier to help with some more information.

Also, where does it say that your children can get citizenship in 3 years? 

[AshMarty 359]

3 hours ago, SusieQQQ said:

Oh that’s correct, if the USC grandparent has met the physical presence rules it can be used. There’s some kind of form obviously. 

http://www.apsanlaw.com/mlaw-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

 

it looks like it is the N-600k and I guess the children obtain a visa to come to the US in order to file the paperwork once in the US. 

 

Hopefully this is a pathway for the OPs children. 

Edited February 14, 2018 by AshMarty

[SusieQQQ 11,585]

2 hours ago, AshMarty said:

http://www.apsanlaw.com/mlaw-159.Obtaining-US-Citizenship-Through-a-Grandparent.html

 

it looks like it is the N-600k and I guess the children obtain a visa to come to the US in order to file the paperwork once in the US. 

 

Hopefully this is a pathway for the OPs children. 

Hmm...but they need a passport to get a visa put in it ....

theres another thread where someone has a similar issue, in Qatar with neither parent able to pass on their citizenship. 

[Londonergirl 133]

Just now, SusieQQQ said:

Hmm...but they need a passport to get a visa put in it ....

theres another thread where someone has a similar issue, in Qatar with neither parent able to pass on their citizenship. 

But I don't understand why they wouldn't have any citizenship? They would become Germans from their dad, wouldn't they?

[Boiler 43,771]

You are looking to move with the children back to the US?

[Fippsie 164]

I’m very sorry, but you live in denial. People tell you over and over again that your kids are automatically german citizens if one of their parents is german. All you say is ‘no is there any way for them to become US citizens??’.

You just don’t want them to be german citizens. And no one here can do anything different but tell you that they have german citizenship.. 

[NikLR 13,220]

40 minutes ago, Fippsie said:

I’m very sorry, but you live in denial. People tell you over and over again that your kids are automatically german citizens if one of their parents is german. All you say is ‘no is there any way for them to become US citizens??’.

You just don’t want them to be german citizens. And no one here can do anything different but tell you that they have german citizenship.. 

No the OP said the German consulate ALSO said their German parent cannot pass on his citizenship due to similar circumstances to their US mother.  Is there a physical presence requirement for a German citizen like there is for a US citizen?