Nature Person

Hello there. It's been quite sometime since I posted a question. Am a Naturalized U.S. Citizen, living outside the U.S. due to work reasons. My wife has a GC, but we are thinking of giving that up as work outside the U.S. is going to last at least another 5 years (long project), and staying away from each other isn't quite fun.

Here is my question - If she gives her GC up, are our children (none as yet, but perhaps in sometime) still going to get U.S. citizenship (since I, the father, is a citizen)?

Any inputs will be much appreciated.

Thanks.

fatbrit

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Source: http://www.usembassy.org.uk/cons_new...s/robirth.html

Kat

Citizenship can be acquired at birth or derived through the
naturalization or birth of one parent. Depending upon the facts in the
case, including the date of birth of the applicant, the law applies
varying standards of proof, including legitimacy or children born
out-of-wedlock, and the amount of required physical presence in the US
by the parent through whom the citizenship is claimed. A person born
outside the US has the burden of proof in claiming acquisition of US
citizenship.

Nature Person

Thank you both for the responses. Another question - I got my citizenship in 2004. I had stayed continuously in the U.S., since June 1998, as a Permanent Resident. The residency rule - does that apply to me as a Citizen or as a Permanent Resident?

In other words, do I need to stay for the 5 years in the U.S. since I attained Citizenship, or does the time spent as a Permanent Resident count towards this?

Thanks in advance for the input.

ian-mstm

This same question came up a few months ago. I'm pretty sure the consensus was that time spent as a PR does indeed count towards the 5 years required.

Ian

Kat

PR is not included as your time spent in the US as a citizen as your
not a citizen at that point. Yes you have to be physically in the US
for the set time for to be effective

somebody123

I am a naturalized US citizen and while waiting for my wife to get her K3 visa, my daughter was born in India.
I went to the US consulate with a lot of paperwork. But they only looked at my passport and my expired passport and calculated the time spent in US. The time spent as greencard holder DOES count. I also bought a lot of other documents proving my 5 year US residence.

However, they can give you a lot of hassle. There was a couple with a child and the examining officer basically told them that he did not believe that the child was theirs. He told them to go and get a DNA test done. The test costs about $3000.00

I don't think it is a wise idea for your wife to abandon her GC.

Kat

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:

has been lawfully admitted for permanent residence (see preceding
section);
has resided continuously as a lawful permanent resident in the U.S. for
at least 5 years prior to filing with no single absence from the United
States of more than one year;
has been physically present in the United States for at least 30 months
out of the previous five years (absences of more than six months but
less than one year shall disrupt the applicant's continuity of
residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
has resided within a state or district for at least three months

ian-mstm

I believe this is incorrect. While you must be a USC at the time the child is born in order for the child to receive derivative citizenship, you are not required to have been a USC for the entire 5 years you resided in the US.

Ian

fatbrit

7 FAM 1133.3-3 What Constitutes U.S. Physical Presence
.
.
.
(2) Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time.

Source: http://foia.state.gov/masterdocs/07fam/07m1130.pdf

Just Jenney

You are referencing someone's eligibility to naturalize. This does NOT address the issue as to whether the period of time the US citizen parent (native-born OR naturalized) must have spent living in the US in order to pass on US citizenship to his/her child who is born outside the US. Apples and oranges.

~ Jenney

Mh

In article <[email protected]> ,
Nature Person <member13925@british_expats.com> wrote:
    >Hello there. It's been quite sometime since I posted a question. Am a
    >Naturalized U.S. Citizen, living outside the U.S. due to work reasons.
    >My wife has a GC, but we are thinking of giving that up as work outside
    >the U.S. is going to last at least another 5 years (long project), and
    >staying away from each other isn't quite fun.
    >Here is my question - If she gives her GC up, are our children (none as
    >yet, but perhaps in sometime) still going to get U.S. citizenship (since
    >I, the father, is a citizen)?

Ah, ok, so no kids yet (missed that on first reading - thought you were
about to have one).. You've been married since '04? How long has your wife
had her GC? 3 years in, she can apply for citizenship, and then she can
leave and return at any time..

MH