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Bart105100

US Citizenship daughter

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Hello All!

 

I have a question regarding my daughter of 4 months old if she could have US citizenship. She is born in the Netherlands last October in wedlock and my daughter currently holds only Dutch citizenship . I'm a Dutch citizen with a valid IR-1 visa after an interview last January. My wife is a US citizen that derived her citizenship from her dad. My wife came to the US as a resident, but because she was under 18 at that time she automatically became a US citizen. This was already after she finished high school in Mexico (she also is a Mexican citizen). About 2 months ago we applied for a CRBA for my daughter. We didn't think it would be a big deal since my wife is a US citizen. We also know of the rule that you have to proof 5 years of residence in the US when you apply for a CRBA. My wife never had a job in the US, because she was being a nanny to her little niece. This was voluntary since I always had a good job in the Netherlands. Also did she continue to live with her parents until she moved to the Netherlands over 1 year ago to wait for our IR-1 visa process. This we also explained during the interview of my daughter's CRBA interview. They needed additional proof of the 5 year residency in the States. My wife is currently seeing if she can find more information we can possible send. My wife doesn't have any records of an employment in the US. She also never had a bank account in the US, she was always using Dutch credit cards. We provided with lots of mailing directed to my wife, pictures and also showing payments in the States. My question is that in the case that the CRBA of my daughter is denied what would be the best way to take our daughter to the US? I read that we could maybe file for the N400K. My wife's dad has employment proof for about 20 years in the US. Another option I read was to just make another I130 application and then do adjustment of status while being in the US. Because of my visa I have to live in the US to maintain residency. Or is it still an option to apply for my daughter US Citizenship in the US at a US Passport office. I hope somebody could give me some advice what would be the smartest way to make sure our baby girl can also live with us in the US.

 

Your advice is appreciated! Thanks!

 

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No idea about the US citizenship, but keep in mind that the Dutch government is trying to wipe out dual citizenship. Be aware that there might be a change she could loose her Dutch nationality. They are currently trying to revamp the whole law again (It's the Dutch government so you know how that goes). Not sure what will happen, but part of the new thing has to do with your specific situation. Suggest your read up on the Dutch offical websites as well as a google search on "dubbele nationaliteit".

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