children

[IluvmyLi]

If my fiance happens to get pregnant and give birth before her visa is issued, will I have to also file for the new born child?

[tonado]

If you can prove that the child is yours, then the child is already an US citizen.

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http://www.uscis.gov/graphics/howdoi/child.htm

 

"A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State’s Visa Bulletin ."

Edited June 12, 2006 by tonado (see edit history)

[hunter]

I think if your wife is pregnant at the interview its no prob, but if she has your child in China, you will need to file a K=3 visa for him/her. When a baby is born in a country, it adopts that citizenship. Good luck and hope it works out for ya.

[IluvmyLi]

I think if your wife is pregnant at the interview its no prob, but if she has your child in China, you will need to file a K=3 visa for him/her. When a baby is born in a country, it adopts that citizenship. Good luck and hope it works out for ya.

223428[/snapback]

Ok that is 2 different answers. Tonado says the child is automatically a USC and Hunter says it would be a Chinese citizen.

[C4Racer]

I think if your wife is pregnant at the interview its no prob, but if she has your child in China, you will need to file a K=3 visa for him/her. When a baby is born in a country, it adopts that citizenship. Good luck and hope it works out for ya.

223428[/snapback]

Ok that is 2 different answers. Tonado says the child is automatically a USC and Hunter says it would be a Chinese citizen.

223429[/snapback]

The child does not become a US citizen automatically.

 

Direct from USCIS Web site -->

3) Through birth abroad to ONE United States citizen

In most cases, you are a U.S. citizen if ALL of the following are true:

 

(1) One of your parents was a U.S. citizen when you were born;

Your citizen parent lived at least 5 years in the United States before

you were born; and

(2) At least 2 of these 5 years in the United States were after your

citizen parent's 14th birthday.

 

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.

 

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.

 

Be aware-

You must register the birth with GUZ and state your intent to have the child be considered a USC. You will then be able to able to obtain a US passport and the child can enter the United States as a citizen.

 

The child is automatically a Chinese citizen. Failure to register the birth with GUZ would mean that you would then be required to obtain an immigrant visa for them. They would be elligible for one to be issued immediately, but still this is only a visa.

Edited June 12, 2006 by C4Racer (see edit history)

[IluvmyLi]

I think if your wife is pregnant at the interview its no prob, but if she has your child in China, you will need to file a K=3 visa for him/her. When a baby is born in a country, it adopts that citizenship. Good luck and hope it works out for ya.

223428[/snapback]

Ok that is 2 different answers. Tonado says the child is automatically a USC and Hunter says it would be a Chinese citizen.

223429[/snapback]

The child does not become a US citizen automatically.

 

Direct from USCIS Web site -->

3) Through birth abroad to ONE United States citizen

In most cases, you are a U.S. citizen if ALL of the following are true:

 

(1) One of your parents was a U.S. citizen when you were born;

Your citizen parent lived at least 5 years in the United States before

you were born; and

(2) At least 2 of these 5 years in the United States were after your

citizen parent's 14th birthday.

 

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.

 

If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.

 

Be aware-

You must register the birth with GUZ and state your intent to have the child be considered a USC. You will then be able to able to obtain a US passport and the child can enter the United States as a citizen.

 

The child is automatically a Chinese citizen. Failure to register the birth with GUZ would mean that you would then be required to obtain an immigrant visa for them. They would be elligible for one to be issued immediately, but still this is only a visa.

223460[/snapback]

Thx C4Racer............I think I am beginning to understand much more clear now.

[frank1538]

Take a look at http://travel.state.gov/law/info/info_609.html

 

"Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

 

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

 

2) the father had the nationality of the United States at the time of the applicant's birth;

 

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

 

4) while the person is under the age of 18 years --

 

A) applicant is legitimated under the law of their residence or domicile,

 

B ) father acknowledges paternity of the person in writing under oath, or

 

C) the paternity of the applicant is established by adjudication court."

 

See also http://china.usembassy.gov/registering_a_child.html

 

I haven't researched this issue, but this language sounds encouraging and may obviate the need for a visa. I'd check with the consulate about reporting the birth and obtaining a US passport and with the PSB about getting an exit permit for the passport.

[IluvmyLi]

Take a look at http://travel.state.gov/law/info/info_609.html

 

"Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

 

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

 

2) the father had the nationality of the United States at the time of the applicant's birth;

 

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

 

4) while the person is under the age of 18 years --

 

A) applicant is legitimated under the law of their residence or domicile,

 

B ) father acknowledges paternity of the person in writing under oath, or

 

C) the paternity of the applicant is established by adjudication court."

 

See also http://china.usembassy.gov/registering_a_child.html

 

I haven't researched this issue, but this language sounds encouraging and may obviate the need for a visa.  I'd check with the consulate about reporting the birth and obtaining a US passport and with the PSB about getting an exit permit for the passport.

223463[/snapback]

Thank you Frank and everyone else for your input!

[tonado]

http://www.uscis.gov/graphics/services/natz/citizen.htm

[SmilingAsia]

I think if your wife is pregnant at the interview its no prob, but if she has your child in China, you will need to file a K=3 visa for him/her. When a baby is born in a country, it adopts that citizenship. Good luck and hope it works out for ya.

223428[/snapback]

K3 is for the spouse of a US citizen. K2 or K4 are for the step-children of a US citizen.

 

If either parent of the child is a US citizen. you can contact GUZ for a US passport for the child.

[Guest pushbrk]

If my fiance happens to get pregnant and give birth before her visa is issued, will I have to also file for the new born child?

223419[/snapback]

Your first answer from Tony was correct but complicated by the "if".

 

The child of a US Citizen is a US Citizen. However, there are always and varied complications with establishing parental rights when a child is born out of wedlock. These complications are multiplied by parents not living together in the same country and with different citizenship.

 

I expect you will be happier avoiding these complications by obtaining the visa before the birth of an out of wedlock child. If she's already pregnant and gives birth in China, you'll have no choice but to deal with the complications including establishing fatherhood to the satisfaction of all appropriate government entities.

[IluvmyLi]

If my fiance happens to get pregnant and give birth before her visa is issued, will I have to also file for the new born child?

223419[/snapback]

Your first answer from Tony was correct but complicated by the "if".

 

The child of a US Citizen is a US Citizen. However, there are always and varied complications with establishing parental rights when a child is born out of wedlock. These complications are multiplied by parents not living together in the same country and with different citizenship.

 

I expect you will be happier avoiding these complications by obtaining the visa before the birth of an out of wedlock child. If she's already pregnant and gives birth in China, you'll have no choice but to deal with the complications including establishing fatherhood to the satisfaction of all appropriate government entities.

223595[/snapback]

Good point Pushbrk. We don't plan on having child until she is in USA. But I was just curious and wanted some info. Thx again for the replys from everyone.