Naturalisation of a baby born abroad

[rammstein]

Dear all,

I have a quick question to trouble (or interest) you with:
I (born in 1984) am a married US citizen living in the UK and am expecting a baby soon. My question is if the baby is eligible for US citizenship? The thing is not as simple as you think - let me explain.

My timeline:
I move to the US in 12/2005 (green card/permanent resident).
I got naturalised in 01/2011.
Moved to the UK in 08/2011 (work related).
Moving back to the US in 08/2017 (permanently).

Since I moved out in 08/2011, I got married (to a non-US citizen) and we are expecting a baby soon. So, my question is if the baby is eligible for the US citizenship? According to the law [https://travel.state.gov/content/tri...rn-abroad.html -- LOOK at Birth Abroad to One Citizen and One Alien Parent in Wedlock] for a US citizen living abroad, his offsprings are eligible for citizenship if he was physically present in the US for 5 years which I was from 12/2005 to 08/2011 (while I was a green-card holder). But the complication is if those 5 years should be when a citizen or is being a permanent resident during those 5 years OK?

Hope to hear from you soon.

Thanking you in advance,
Rammstein

[Neous]

Dear all,

I have a quick question to trouble (or interest) you with:
I (born in 1984) am a married US citizen living in the UK and am expecting a baby soon. My question is if the baby is eligible for US citizenship? The thing is not as simple as you think - let me explain.

My timeline:
I move to the US in 12/2005 (green card/permanent resident).
I got naturalised in 01/2011.
Moved to the UK in 08/2011 (work related).
Moving back to the US in 08/2017 (permanently).

Since I moved out in 08/2011, I got married (to a non-US citizen) and we are expecting a baby soon. So, my question is if the baby is eligible for the US citizenship? According to the law [https://travel.state.gov/content/tri...rn-abroad.html -- LOOK at Birth Abroad to One Citizen and One Alien Parent in Wedlock] for a US citizen living abroad, his offsprings are eligible for citizenship if he was physically present in the US for 5 years which I was from 12/2005 to 08/2011 (while I was a green-card holder). But the complication is if those 5 years should be when a citizen or is being a permanent resident during those 5 years OK?

Hope to hear from you soon.

Thanking you in advance,
Rammstein

Congrats on your bundle of Joy

yes the baby will be born a US citizen , the 5 years is in your time is the US, regardless of status, and you also fullfil the 2 years on US soil after you were 14 years old

[rammstein]

Congrats on your bundle of Joy

yes the baby will be born a US citizen , the 5 years is in your time is the US, regardless of status, and you also fullfil the 2 years on US soil after you were 14 years old

Thank you so much for your wishes and reply, Neous. This is great - so, all we have to do is take care about my wife's immigration (after we get our baby's US passport). She does have a visitor's visa expiring in 2020. I guess by the time she is waiting to hear from the consulate here, all three of us can be together in the US (the max time is 6 months - I would hate to wait apart while we wait for the procedure to finish). I wish there was a way to get my wife's green card while she is on a visitor's visa in the US (without leaving us).

[Neous]

if you're moving back permanently to the US in August why don't you start the process of gettting her a Green Card now, it can be a lengthy process.

https://www.uscis.gov/i-130

[rammstein]

if you're moving back permanently to the US in August why don't you start the process of gettting her a Green Card now, it can be a lengthy process.
https://www.uscis.gov/i-130

Thank you so much for the reply, Neous. The thing is that I am currently in the job market and looking for jobs in the US. My contract here completes in around Sept 2017. So, I wouldn't know for sure which city/state I will be moving to but I do have a permanent address (my parents' place). Actually, won't I need to show my employment in the US in the forms regarding her migration? Or does it never ask for it? I have to check...

[Neous]

Thank you so much for the reply, Neous. The thing is that I am currently in the job market and looking for jobs in the US. My contract here completes in around Sept 2017. So, I wouldn't know for sure which city/state I will be moving to but I do have a permanent address (my parents' place). Actually, won't I need to show my employment in the US in the forms regarding her migration? Or does it never ask for it? I have to check...

you're right, the Affidavit of Support will ask for US address and / employment , in your case no US address since you live abroad, but securing a position back home will facilitate thing
I just wonder how it would look for your wife to enter the US with a visitor visa while accompanied by 2 US citizens, and how that might delay the process with USCIS

Hopefully someone will chime in