US Citizen's Child Born in China but Cannot Get Citizenship, Have

[azureblue83]

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

[dnoblett]

Similar topic not long ago, Naturalized after baby was born.

http://candleforlove.com/forums/topic/45609-filing-i-130-for-my-wife-and-2-month-old-baby/

 

He will need to file an I-130 for the child, get an immigrant visa for the child, and once the child is in the USA, can simply claim the citizenship by filing an N-600 for the child.

 

They can simply contact NVC, and have them hold the I-130 until the child's I-130 can catch up, make a notation on the child's I-130 to try and expedite it, explain on cover letter situation, and include copy of mother's case number, and a copy of mother's I-130 Approval notice.

[Randy W]

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

 

 

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth.

 

Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however)

 

Dan's suggestion is that you delay the mother's visa at NVC - I'm suggesting that you don't even need to do that, since it can be delayed by your own actions while at the consulate - simply don't schedule the interview until the baby's petition catches up. If the NVC cooperates, fine. If not, well, I think you still have plenty of time.

Edited April 1, 2014 by Randy W (see edit history)

[Randy W]

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

 

 

1) I don't think the baby's petition would take that long. 2) They can easily delay the NVC processing by delaying the submission of the I-864 and DS-260.

Edited April 1, 2014 by Randy W (see edit history)

[dnoblett]

Here is the details about Expedite at USCIS: http://www.uscis.gov/forms/expedite-criteria

 

Probably considered a "Humanitarian Reason".

[azureblue83]

 

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

 

 

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth.

 

Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however)

 

 

Thank you all for the lightning-fast response. You are all very awesome!

 

It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information.

 

We will try to do the expedite request per your suggestion.

 

But before that, my friend was contemplating a DCF for his child.

 

Do you think a DCF is a better course of action for this case?

 

Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview?

 

Thanks.

[dnoblett]

 

 

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

 

 

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth.

 

Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however)

 

 

Thank you all for the lightning-fast response. You are all very awesome!

 

It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information.

 

We will try to do the expedite request per your suggestion.

 

But before that, my friend was contemplating a DCF for his child.

 

Do you think a DCF is a better course of action for this case?

 

Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview?

 

Thanks.

 

DCF may be a possibility, only if can show residence in China, for example if he has been there working, then it may be possible for him to file the I-130 at the USCIS office in Beijing or Guangzhou, and yes the DCF would be the better course of action, processing tends to be at most 4 months from filing to an interview, so they could simply hold the mother's case in Guangzhou until USCIS in China approves the child's case and sends it to the consulate in Guangzhou.

 

USCIS Beijing info: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-beijing-field-office It says I-130 for relitive, it does not specify limited to spouse, so I suspect they can handle one for child.

[azureblue83]

 

 

 

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

 

 

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth.

 

Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however)

 

 

Thank you all for the lightning-fast response. You are all very awesome!

 

It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information.

 

We will try to do the expedite request per your suggestion.

 

But before that, my friend was contemplating a DCF for his child.

 

Do you think a DCF is a better course of action for this case?

 

Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview?

 

Thanks.

 

DCF may be a possibility, only if can show residence in China, for example if he has been there working, then it may be possible for him to file the I-130 at the USCIS office in Beijing or Guangzhou, and yes the DCF would be the better course of action, processing tends to be at most 4 months from filing to an interview, so they could simply hold the mother's case in Guangzhou until USCIS in China approves the child's case and sends it to the consulate in Guangzhou.

 

USCIS Beijing info: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-beijing-field-office It says I-130 for relitive, it does not specify limited to spouse, so I suspect they can handle one for child.

 

 

Thank you for the link.

 

My friend resides in Shandong Province. Do you have a link for the USCIS office that service that area?

[dnoblett]

 

 

Thank you all for the lightning-fast response. You are all very awesome!

 

It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information.

 

We will try to do the expedite request per your suggestion.

 

But before that, my friend was contemplating a DCF for his child.

 

Do you think a DCF is a better course of action for this case?

 

Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview?

 

Thanks.

DCF may be a possibility, only if can show residence in China, for example if he has been there working, then it may be possible for him to file the I-130 at the USCIS office in Beijing or Guangzhou, and yes the DCF would be the better course of action, processing tends to be at most 4 months from filing to an interview, so they could simply hold the mother's case in Guangzhou until USCIS in China approves the child's case and sends it to the consulate in Guangzhou.

 

USCIS Beijing info: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-beijing-field-office It says I-130 for relitive, it does not specify limited to spouse, so I suspect they can handle one for child.

 

Thank you for the link.

 

My friend resides in Shandong Province. Do you have a link for the USCIS office that service that area?

 

That would be the office located in the Guangzhou Consulate.

 

http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-guangzhou-field-office

[Randy W]

. . . and the Guangzhou field office states this:

 

The Guangzhou Field Office will accept I-130 petitions filed by U.S. citizens on behalf of their:

• Spouse
• Unmarried child under the age of 21
• Parent (if the U.S. citizen is over the age of 21)

Other I-130 petition types (e.g. siblings, married children, etc.) filed by U.S. citizens must be filed with the Chicago Lockbox.

 

 

at http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

[newacct]

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem.

 

Here's the situation:

- My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years.

- My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014.

-They had a baby girl born on July 2013 in China.

- My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement.

- My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away.

 

Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long.

 

Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother.

 

What can we do for the child? How can we get the baby to come with the mother?

 

Please help.

 

Thank you.

 

Just curious, how did he naturalize without spending 5 years in the U.S.? He had to have been a permanent resident for at least 5 years; I know that you can be outside the U.S. for part of that time, but it seems hard for it to be that much. Also, I would imagine that he would likely have been to the U.S. at least once before he became a permanent resident?

 

[dnoblett]

Just curious, how did he naturalize without spending 5 years in the U.S.? He had to have been a permanent resident for at least 5 years; I know that you can be outside the U.S. for part of that time, but it seems hard for it to be that much. Also, I would imagine that he would likely have been to the U.S. at least once before he became a permanent resident?

 

Easy one, think of Bruce Lee, they were born in the USA so was a citizen by birth, however they ended up moving back to the home country shortly after birth, even though a citizen at birth their future children cannot claim citizenship based on this.

 

Another one US citizen living abroad they have children, claim citizenship file child birth abroad, travel to the states a couple times but not permanently, so the child lives outside the states most of life, grows up marries and has child, again since has not lived in the states cannot claim citizenship for child.

[Randy W]

 

Just curious, how did he naturalize without spending 5 years in the U.S.? He had to have been a permanent resident for at least 5 years; I know that you can be outside the U.S. for part of that time, but it seems hard for it to be that much. Also, I would imagine that he would likely have been to the U.S. at least once before he became a permanent resident?

 

Easy one, think of Bruce Lee, they were born in the USA so was a citizen by birth, however they ended up moving back to the home country shortly after birth, even though a citizen at birth their future children cannot claim citizenship based on this.

 

Another one US citizen living abroad they have children, claim citizenship file child birth abroad, travel to the states a couple times but not permanently, so the child lives outside the states most of life, grows up marries and has child, again since has not lived in the states cannot claim citizenship for child.

 

 

 

But the poster did say he was a NATURALIZED citizen, which requires 5 years residency, UNLESS he was (previously) married to an American citizen best left for the original poster to answer (if he wants to)

[Beachey]

 

Just curious, how did he naturalize without spending 5 years in the U.S.? He had to have been a permanent resident for at least 5 years; I know that you can be outside the U.S. for part of that time, but it seems hard for it to be that much. Also, I would imagine that he would likely have been to the U.S. at least once before he became a permanent resident?

 

Easy one, think of Bruce Lee, they were born in the USA so was a citizen by birth, however they ended up moving back to the home country shortly after birth, even though a citizen at birth their future children cannot claim citizenship based on this.

 

Another one US citizen living abroad they have children, claim citizenship file child birth abroad, travel to the states a couple times but not permanently, so the child lives outside the states most of life, grows up marries and has child, again since has not lived in the states cannot claim citizenship for child.

 

 

The Us citizen parent has to be physically present in the US for five years which is a tougher standard that being a Permanent Resident for five years of which you only have to be physically present more than half the time (>2.5 years) as long as any single absence is < 6 months. I could see how this could happen. Hopefully he can DCF for the child.

[dnoblett]

Here is what UCIS has:

 

 

 

The parents are married at the time of birth and the U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

 

Parent could have naturalized, and then moved to China, could have naturalized based on 5 years holding a green-card, however was not physically present in the states the 5 years, or may have naturalized before age 14, and left the USA, not having the 2 years presence after age 14.