Citizenship of children born abroad

[tkgert]

 

 

One other thing you would probably want to think about to is your children! You didn't say if they have born abroad birth certificates from the consulate in China and have or would obtain American passports before going to the USA. If so you would need to get an exit permit from the Chinese entry exit section but then when you exited China you would have to get them visas just like you have to do, to take them back to china. As long as they have never left china, this is not required and they can basically stay in China forever. If they don't have american citizenship then they would have to obtain chinese passports and get visas just like your husband will need. Also green cards if you stayed a long time.
Gale

Thanks, helpful information all.

To rant a moment, it bugs me that America doesn't seem to consider the possibility that American citizens might reside in their spouse's country but still want to go home for visits. Tourist visas to the USA are not easy for Chinese citizens to obtain, and ironically they seem even more difficult to obtain if you're married to the tourist. So if I want to bring my husband back to my country for a short visit, but we don't intend to immigrate, what do we do, assuming he's denied a tourist visa (which is a distinct possibility)? The immigrant visa process is so costly and time consuming that doing it if we're not positive we want to immigrate seems to be a huge waste.

The Chinese side isn't much better though. While the USA seems to assume we all want greencards for our spouses, the Chinese government didn't even offer permanent residency based on marriage -- or permanent residency at all -- until a few years ago, and even now they're fairly impossible to actually obtain. While I can't get my husband a tourist visa for America, a tourist visa (for "visiting relatives") is all my marriage will get me in China!

Actually, children born to an American parent are automatically an American citizen. She just needs to file the appropriate paper work to get the passports etc.

What parent, the mother or the father ?

[thelocaldialect]

My son has an American passport, my daughter is only a month old but will be getting her passport soon. It doesn't matter if it is the mother or father, all kids born to an American citizen are eligible for American citizenship.

 

I knew about the entry/exit permit thing, but we have to go back to where my husband's hukou is registered, in Yunnan, to get those processed, as they won't do it in Beijing. Since the permit is only good for three months after it is issued we plan on doing it this summer and then taking the kids to Hong Kong or Thailand to "activate" their American passports (for lack of a better term) and get them Chinese visas so that we don't have to deal with it again next time we want to travel.

[tkgert]

One other thing you would probably want to think about to is your children! You didn't say if they have born abroad birth certificates from the consulate in China and have or would obtain American passports before going to the USA. If so you would need to get an exit permit from the Chinese entry exit section but then when you exited China you would have to get them visas just like you have to do, to take them back to china. As long as they have never left china, this is not required and they can basically stay in China forever. If they don't have american citizenship then they would have to obtain chinese passports and get visas just like your husband will need. Also green cards if you stayed a long time.

Gale

 

Thanks, helpful information all.

 

To rant a moment, it bugs me that America doesn't seem to consider the possibility that American citizens might reside in their spouse's country but still want to go home for visits. Tourist visas to the USA are not easy for Chinese citizens to obtain, and ironically they seem even more difficult to obtain if you're married to the tourist. So if I want to bring my husband back to my country for a short visit, but we don't intend to immigrate, what do we do, assuming he's denied a tourist visa (which is a distinct possibility)? The immigrant visa process is so costly and time consuming that doing it if we're not positive we want to immigrate seems to be a huge waste.

 

The Chinese side isn't much better though. While the USA seems to assume we all want greencards for our spouses, the Chinese government didn't even offer permanent residency based on marriage -- or permanent residency at all -- until a few years ago, and even now they're fairly impossible to actually obtain. While I can't get my husband a tourist visa for America, a tourist visa (for "visiting relatives") is all my marriage will get me in China!

 

Actually, children born to an American parent are automatically an American citizen. She just needs to file the appropriate paper work to get the passports etc.

What parent, the mother or the father ?

Actually, children born to an American parent are automatically an American citizen ? Or children are eligble for American citizenship? I am just trying to understand this, You are an American citizen and your husband is a chinese citizen, What is place of birth on there birth certificates? I just cant understand how they are automatically American ,

[Randy W]

Actually, children born to an American parent are automatically an American citizen ? Or children are eligble for American citizenship? I am just trying to understand this, You are an American citizen and your husband is a chinese citizen, What is place of birth on there birth certificates? I just cant understand how they are automatically American ,

 

 

Any child(ren) born to an American citizen parent is automatically an American citizen. Either parent, regardless of where born.

 

The child's parents can choose Chinese citizenship simply by not getting a passport for the child. But (unless I'm mistaken) the child is eligible for that passport up until age 18.

 

What are you confused about?

[tkgert]

Actually, children born to an American parent are automatically an American citizen ? Or children are eligble for American citizenship? I am just trying to understand this, You are an American citizen and your husband is a chinese citizen, What is place of birth on there birth certificates? I just cant understand how they are automatically American ,

 

 

Any child(ren) born to an American citizen parent is automatically an American citizen. Either parent, regardless of where born.

 

The child's parents can choose Chinese citizenship simply by not getting a passport for the child. But (unless I'm mistaken) the child is eligible for that passport up until age 18.

 

What are you confused about?

Dont know,, they were born in China,, there father is Chinese, why are they automatically an American citizen

[Randy W]

Actually, children born to an American parent are automatically an American citizen ? Or children are eligble for American citizenship? I am just trying to understand this, You are an American citizen and your husband is a chinese citizen, What is place of birth on there birth certificates? I just cant understand how they are automatically American ,

 

 

Any child(ren) born to an American citizen parent is automatically an American citizen. Either parent, regardless of where born.

 

The child's parents can choose Chinese citizenship simply by not getting a passport for the child. But (unless I'm mistaken) the child is eligible for that passport up until age 18.

 

What are you confused about?

Dont know,, they were born in China,, there father is Chinese, why are they automatically an American citizen

 

Their mother is an American citizen.

 

They can actually (legally) maintain dual citizenship up to the age of 18.

Edited January 7, 2010 by Randy W (see edit history)

[tkgert]

Actually, children born to an American parent are automatically an American citizen ? Or children are eligble for American citizenship? I am just trying to understand this, You are an American citizen and your husband is a chinese citizen, What is place of birth on there birth certificates? I just cant understand how they are automatically American ,

 

 

Any child(ren) born to an American citizen parent is automatically an American citizen. Either parent, regardless of where born.

 

The child's parents can choose Chinese citizenship simply by not getting a passport for the child. But (unless I'm mistaken) the child is eligible for that passport up until age 18.

 

What are you confused about?

Dont know,, they were born in China,, there father is Chinese, why are they automatically an American citizen

 

Their mother is an American citizen.

 

They can actually (legally) maintain dual citizenship up to the age of 18.

Dual citizenship,, Gotcha

[dnoblett]

Some reading:

 

http://www.uscis.gov/USCIS/New%20Structure...Guides/A4en.pdf

 

http://guangzhou.usembassy-china.org.cn/se...y-in-china.html

 

http://travel.state.gov/law/family_issues/.../birth_593.html

 

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

[thelocaldialect]

China doesn't actually aknowledge dual citizenship. If your child travels abroad, one of the citizenships is supposed to be forfeited. China calls dual citizenship a "conflict of citizenship" ¹ú¼®³åÍ», and it is a situation that isn't supposed to exist. I do know of people who have kept two passports, but only because they didn't give one up like they were supposed to.

[Randy W]

China doesn't actually aknowledge dual citizenship. If your child travels abroad, one of the citizenships is supposed to be forfeited. China calls dual citizenship a "conflict of citizenship" ¹ú¼®³åÍ», and it is a situation that isn't supposed to exist. I do know of people who have kept two passports, but only because they didn't give one up like they were supposed to.

 

 

I believe it's allowed until 18 years of age, however. That is, it's not allowed only if the other citizenship is acquired voluntarily. A child would make that choice at age 18.

 

"Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality."

 

A child born in China who has an American passport would thus have dual citizenship.

Edited January 8, 2010 by Randy W (see edit history)

[roblimei]

China doesn't actually aknowledge dual citizenship. If your child travels abroad, one of the citizenships is supposed to be forfeited. China calls dual citizenship a "conflict of citizenship" ¹ú¼®³åÍ», and it is a situation that isn't supposed to exist. I do know of people who have kept two passports, but only because they didn't give one up like they were supposed to.

 

 

I believe it's allowed until 18 years of age, however. That is, it's not allowed only if the other citizenship is acquired voluntarily. A child would make that choice at age 18.

 

"Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality."

 

A child born in China who has an American passport would thus have dual citizenship.

My daughter, one year of age, born in the U.S. and has a U.S. passport, actually in China now with her mother for family visit, she obviously is U.S. citizen. We are considering moving to China so our daughter can grow up with family. ( I guess we are going to have to do the continual L visa extension process, Limei will probably forfeit her green card).Can she go to school there if she does not have a houkou and is a U.S. citizen? Can she change her citizenship should she desire at later age?

[Randy W]

 

My daughter, one year of age, born in the U.S. and has a U.S. passport, actually in China now with her mother for family visit, she obviously is U.S. citizen. We are considering moving to China so our daughter can grow up with family. ( I guess we are going to have to do the continual L visa extension process, Limei will probably forfeit her green card).Can she go to school there if she does not have a houkou and is a U.S. citizen? Can she change her citizenship should she desire at later age?

 

Your daughter can have her Chinese citizenship restored

 

I don't know about American citizens at public schools, but you might also look into private schools that she could attend.

 

But if her mother is abandoning her green card, she might want the daughter to have her Chinese citizenship restored.

[thelocaldialect]

There are public schools in China which will accept foreign children, you'll just have to pay more than what a local would. Keep in mind that even a Chinese child going to school in a district other than where their hukou is registered to would have to pay more. Unless you plan on living in China in your wife's hometown, there won't be a whole lot of point in getting your daughter put on the hukou book. For us, for example, since my husband's hukou is still registered to a small town in Yunnan that we're never going to live in, having it just doesn't make a lot of difference. I suppose the one major advantage would be that if my children ever want to own businesses in China it will be easier and cheaper to do so as Chinese citizens, but that is a big if. Laws could also easily change in the 20-30 years that it would take for this if to be even possible. Who knows if hukous will even exist in 20 years -- there are lots of people predicting their demise already.

 

I still don't really think that children in China are allowed to have dual citizenship though. I think I mentioned this in more detail in another thread, but we were told that our children could not have both citizenships and that using the USA passport was an act of renouncing Chinese citizenship. The officer at the entry/exit branch of the PSB in Beijing told us this, so I dunno. Personally, even if is possible, I think there are some good reasons to not have Chinese citizenship and especially for kids not to be on the hukou.

 

Randy is absolutely right that when your daughter is older, if she wants to, she can voluntarily restore her Chinese citizenship, but China will require her to give up her American citizenship to do so.

[roblimei]

There are public schools in China which will accept foreign children, you'll just have to pay more than what a local would. Keep in mind that even a Chinese child going to school in a district other than where their hukou is registered to would have to pay more. Unless you plan on living in China in your wife's hometown, there won't be a whole lot of point in getting your daughter put on the hukou book. For us, for example, since my husband's hukou is still registered to a small town in Yunnan that we're never going to live in, having it just doesn't make a lot of difference. I suppose the one major advantage would be that if my children ever want to own businesses in China it will be easier and cheaper to do so as Chinese citizens, but that is a big if. Laws could also easily change in the 20-30 years that it would take for this if to be even possible. Who knows if hukous will even exist in 20 years -- there are lots of people predicting their demise already.

 

I still don't really think that children in China are allowed to have dual citizenship though. I think I mentioned this in more detail in another thread, but we were told that our children could not have both citizenships and that using the USA passport was an act of renouncing Chinese citizenship. The officer at the entry/exit branch of the PSB in Beijing told us this, so I dunno. Personally, even if is possible, I think there are some good reasons to not have Chinese citizenship and especially for kids not to be on the hukou.

 

Randy is absolutely right that when your daughter is older, if she wants to, she can voluntarily restore her Chinese citizenship, but China will require her to give up her American citizenship to do so.

One consideration for my daughter to have Chinese citizenship is that she would not then be required to keep renewing and applying for L visas and extensions. I would never want to risk Meiling being separated from her mother (Limei)