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I am a US Citizen soon to be Dad- my fiance is a non resistant living abroad.
We are planning to have our baby in the Caribbean.
Ive been an active US Permanent Resident(Green Card Holder) since I was about 9 years old( High school, college, work 9-5, pay tax, etc...just a regular good citizen
I am currently 27
I became a US Citizen July 2011.
Never been out the US more than 180 days, always for about 2 months 1 month. thats how i met my fiance about 3 years ago.
She resides in the Caribbean.
Question 1) Will i be able to apply/qualify for our child to be citizen, we are expected January 2016?
Queens 2) If I apply for green card for my baby, how long will this process take, will it be super long?
"The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14."
This line throws me off a bit.... I've been physically present in the US since a young age, but ive only been a citizen for about 4.5 years, the 10 years I were a geen card holder.
Please Read the Rules Below
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:
A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years --
the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).
I am a US Citizen soon to be Dad- my fiance is a non resistant living abroad.
We are planning to have our baby in the Caribbean.
Ive been an active US Permanent Resident(Green Card Holder) since I was about 9 years old( High school, college, work 9-5, pay tax, etc...just a regular good citizen
I am currently 27
I became a US Citizen July 2011.
Never been out the US more than 180 days, always for about 2 months 1 month. thats how i met my fiance about 3 years ago.
She resides in the Caribbean.
Question 1) Will i be able to apply/qualify for our child to be citizen, we are expected January 2016?
Queens 2) If I apply for green card for my baby, how long will this process take, will it be super long?
"The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14."
This line throws me off a bit.... I've been physically present in the US since a young age, but ive only been a citizen for about 4.5 years, the 10 years I were a geen card holder.
Please Read the Rules Below
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)
A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:
A blood relationship between the person and the father is established by clear and convincing evidence;
The father had the nationality of the United States at the time of the person’s birth;
The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
While the person is under the age of 18 years --
the person is legitimated under the law of his/her residence or domicile,
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).
