Citizenship of a baby born in a foreign country – Make your child a Citizen

What is the citizenship status of a baby born abroad to only one American – US citizen (and generally the rule for citizen’s of other counties)? Cutting to the chase and with out all the legalese, a baby born in a foreign country where one parent is an US citizen can be a US dual citizen. Therefore, if you live in Europe and are married to a European or EU citizen the baby is a US citizen. However, the following steps must be taken to register the baby.

Get your baby a Citizenship they deserve.

Steps to register a baby in a foreign country as a US citizen

1. Go to the consulate with the baby
2. Original copy of the baby’s birth certificate
3. Original copy of the parent’s certificate of marriage
4. Parent’s passports
5. $65 USD

It is that simple. See the baby is already a U.S. citizen when born, even to one parent, it’s just really registering the baby as a citizen. Can a child be a dual citizen? yes, simple in the US they go by US laws abroad they go by the laws of that county.

Baby born abroad and Citizenship

There are many reasons why a child might be born in a foreign country. Usually it is a result of a marriage or relationship from an expat working abroad or military. Occasionally you have cases where there are dual citizens living in one country and want to claim nationality of the other another.

  • In the USA the fourteenth amendment outlines the basic citizenship law.

The world is neither black nor white today, and every type of relationship conceivable exists so governments have had to interpret the generalities of the laws to a finer granularity. Further there is a lot of human judgement and case by case situations when it comes to laws connected to determining if a child or adult can achieve citizenship though confirmation or naturalization or repatriation. Even in countries which are not based on case-law, but constitutional law, the department of immigration makes judgements based on past history. The US immigration laws come from the tradition of English common law.

  • Citizenship through confirmation – When one has always been a citizen the government just has to send you a letter to acknowledge this. This results when you provide documentation such as birth certificate. I would also call this birthright citizenship and it can come from place of birth or lineage (jus soli (right of soil)  or jus sanguinis (right of blood)).
  • Citizenship through naturalization – If you like in a country legally for a time specified in the codex as a good, contributing person to the society the government will grant you citizenship through naturalization.
  • Citizenship through repatratitization – This is a combination of the two ideas.  Borders have shifted in Europe and often countries were deleted from the map.
  • Babies born out-of-wedlock – Most confusion about the citizenship of a baby comes from babies born out-of-wedlock.
  • Mother is the Citizen –  If the baby is born to the mother who is a citizen in almost all cases the baby takes the citizenship of the mother regardless of where they are born. For example Title 8 U.S.C. § 1409 states the only requirement is the mother would have had to live in the USA for one year in her life.
  • Father is a Citizen – The father has to prove paternity and have lived in the USA for five years.  If the child grows up and reaches its 18th birthday then the father and child lose this right. This comes from many illegitimate children immigrating over with their father unaware after the age of 18. I personally find bias in the law.

Are immigration laws fair or just? – No. Humans are imperfect. Just look at history and the Dred Scott v. Sanford case.

Is the Department of immigration and Homeland security difficult? I have had mixed results. I would say most people are exceptionally nice and helpful. They are well-trained and screened. However, some of the lower level people often use poor judgement and you need to ask for a supervisor if you feel something is wrong.

Do not let a bad experience or person spoil your dream for immigration – For example, I was at the department in Jacksonville and when my three-year old daughter was walking around the bench we were sitting while waiting our turn, the security guard came over and was yelling at us (everyone was looking at him) that the situation needed to be contained and ready to remove her. The guy should be fired. I was going to issue a complaint but what is the point. I think he  was a contractor, but still he guy was buzzing, I think he could have been on something judging from his erratic behavior. I have had a lot of experience with people on substances and my layman’s evaluation is that guy should be fired. But do not let one person or situation get you off track.  These are all humans and you have to learn patience and courtesy and stay calm and smile a lot.

United States or European Union or other countries, the idea of the laws and they way they operate are similar.

My point is stay positive, do not go to the dark side. As God to remove any negative feelings you have and your visa and immigration journey will go better. We all have been wronged in life, but generally if you do the right thing and are patient good things will happen.

However, the people in the embassy are pretty nice and if you ever have questions you can set up an informational interview and the people will help answer your questions.

Do you need a lawyer to help with citizenship? – There are a lot of attorneys that will take your money. just open your wallet. In most cases all you need is to make an informational interview with Department of Homeland Security. Laws a clear and you can look up laws online and case history. If you are in a complex case, lookup.

For example, go here to look at the US law regarding immigration.

Anyone can search the Laws of any country, you do not have to be a legal professional. Most countries are democracies and the laws are clear.

  • My recommendation is if you use a lawyer abroad use one approved by the US embassy, they have a list is the lobby.
  • I also recommend using a specialist. This is someone who is not a lawyer but knows what they are doing, it is a lot cheaper. There are many expats and people who have even worked for the government that can help you and they charge less.

Travelling to the USA when you are pregnant  – Unlike European citizenship, being born in the US does pretty much guarantee citizenship for a child. However, I have heard that there is risk to the baby for air travel. You can read the statistics but it increases the chance of miscarriage. So be aware of the risk. I do not think anything is worth nonexistence.

What if you do not have the money?  The USA is all about money. I am sorry but it is true. Other countries to a lesser extent but the USA is about money. To get a visa or apply for anything it costs. You need to pay and pay more just for the application.

If you want to get a green card to the USA expect to be making about 30,000 dollar USD as shown on your income tax returns and US-based. Otherwise get a sponsor or apply for a lesser visa. Here is another resource you might want to explore.

What is an anchor baby? It is use as a pejorative term to describe infants born domestically in America and the relatives use the child’s legal status to gain access to rights and benefits.

Is it worth getting a citizenship to the USA? No always. Unless you have family ties or really have a love of the country, I think the USA is not what it was even twenty years ago. It is still a rich country and jobs are easy to get (paying $10 dollars an hour) but it is not what it once was because the global market has changed everything. You can make just as much money in Eastern Europe or India if you have skills that are in need. If you do not your, your absolute wages as an unskilled worker will be higher but not your relative wage. Sure it is a great country but there is crime and other negative social externalize you will have to pay for in non-monetary ways.

I think the great advantage is the weather is better and English is a cool language to learn. The cultural experience is positive as people generally are friendly and there is a lot of exciting things to do like go to Disney and we have good TV. But I am telling you the world is changing and if getting your child a US citizen at all costs is your idea of being a good parent, it is a misconstrued notion. Better is to spend time with them on a daily basis and show them a lot of love, when they are under 18 years old.  Trust me, a US citizenship means nothing compared to spending an hour or so one-on-one with a child everyday and taking a real interest in them.

Let me know if you have any questions about being a US citizen though foreign birth with or without American parents or though grandparents or adoption or non-conventional methods of conception.

Author: Mark Biernat

I live in with family between two worlds, US and Europe where I create tools for language learning. If you found my site you probability share my passion to be a life long learner. Please explore my site and comment.

601 thoughts on “Citizenship of a baby born in a foreign country – Make your child a Citizen”

  1. I am a US citizen and my husband is British. Our child was born in the UK. If we visit the US, does my child have to have an American passport? Even if he has a UK passport?

    1. Marie, I believe your child can visit the USA with a UK passport as your child has not yet got connfirmation of US citizenship. I recommend you get the ball rolling as it is useful to have both passports. My nefew is a dual US and UK citizen and my daughter is a dual US and Polish citizen. The process is not that had if you have the papers. But I think for sure your child can visit the USA on a UK passport.

      1. Mark Biernat said: “But I think for sure your child can visit the USA on a UK passport.”

        A US citizen arriving in the USA with his or her child and presenting a non-US passport for that child will face questioning. There are very few situations in which the State Department and ICE tolerate use of a foreign passport by a US-citizen minor (this concerns mainly children of foreign diplomats).

        The child, born abroad to US citizen parent(s) will not be a US citizen if the parent(s) have not had the requisite periods of U.S. residence and can prove that fact. (Oversimplifying: one year of uninterrupted physical presence for an unwed mother; 5 years of total US residence including 2 after the age of 14 for other parents). In other cases the child is a US citizen from birth irrespective of whether that fact is proven, or even whether it is known to the parents.

        That said, the US Government (and the IRS) do not know who all its citizens are, and some expatriate tax absconders never registered their children with a consular office. The child is no less a US citizen but who’s to know? And as the years pass the facts become harder to prove. Most people are happy to have US nationality and to have that nationality recognized by the Government. Some, mainly wealthy ones, are not.

  2. Does this also apply to a baby born in Lebanon?

    The father is American, the mother is Syrian, and the baby is to be born in Lebanon.

    Will the same steps apply?

    1. Well if you are married or can prove this is the father (there was a lot of citizenship fraud arround this) then it will be no problem as long as the father can show he lived in the USA for five years.
      The main issue here is was the baby born in wedlock. If not, there is a greater burden of proof.

  3. My son was born in Mexico in the year 2004. Me and his dad are not together anymore. I came back to California in the yearr I believe was 2006. My son has two birth certificates but the first one which is the original only has my name and not his dads,and I am an us citizen and I was wondering what can I do to get my son here with me in the united states because he is not even living with his dad.

    1. First in this short paragraph I had to clean up 25 grammar mistakes, please use proper punctuation grammar. Thanks. I am sorry you have this issues, but I think for sure you can get your son to the USA if he was born to an US mother. You have to do it the normal way everyone does. Go to the US embassy and apply for a report of a birth born abroad. They have a list of documents listed in the post I wrote, but basically birth certificate and proof you live five years in the USA as an US citizen. Let m know if there is any problem you forsee and I can try to guide you.

  4. Hey there 🙂 I don’t know if you are still answering questions here or not but I have one for you (You may have answered this already but my brain hurts from hours of searching the internet). I am a us citizen who is staying in Norway. My baby (She is 18 months old) was born here but I have not reported her birth. Very stupid, I know. Now I have to return to the US with her and intend to stay home. There is no time before the trip to make the report to the consulate. How do I go about reporting/getting proof of citizenship after we are in the US?

    1. My child will be entering on a tourist visa with her Norwegian passport as it was the fastest way for her to be allowed to travel. I will NOT be able to return to Norway. Im a bit worried about what will happen to her after that 90 days. Im sure there must be a way to secure her citizenship by then…right?

      1. I think you can get it no problem as long as you have the Norweign hospital documents. Do not worry they will not deport a child of a US citizen. You need to jump though a lot of hoops with paperwork and all but they are not going to seperate a baby from its mother unless there was some extreme situation.

    2. She can go on a Norweign passport and work with the US State Department, but she needs a passport. You can do a rush job at the US embassy it should take less then a week.

  5. How would a person who was an army dependent right after world war II get a copy of a birth certificate when they were born in Austria? This is in regard to her attempt to obtain a passport.

    1. I am 100% certain the municiple or government of the locality they were born in Austria would have a record of this and be able to issue this. However, I am 99.9% sure this does not mean aything for Austrian citizenship because you have to be born of Austrian blood, not just born in the country, and if you were born after the war you would have had to sign up on a list within a certain time.

      1. My son is Canadian born and citizen but has dual citizenship Austria, He has a Passport for both countries. He is now 17 what do I do to avoid him being taken off the plane and shipped off to the mandatory 6 military assignment. Hope this makes sentence. We are both Canadian born but Austrian through my father.

        1. Austria is not like the US military, it is a local force now. The guys I know either totally ignore it, or get a student excuse or medical excuse. But most people I know with dual citizenships just ignore it.

  6. My long term bf and I are currently planning and considering all options for adding another child into our family. We both are natural born US citizens however half of my ancestry comes from Peru. We were wondering if we give birth in Peru will our baby have dual citizenship or just US citizenship? (after reporting to the consulate)

    1. Yes no problem as you are the female and the mother and Peru goes by right of blood. But why do you guys not get married, it would make the psychosocial life f your children more straight forward, it is only a piece of paper and would help your US taxes a lot. Now you are paying much more in taxes because you are not married. You can get credits if you are married and your deduction is higher. So what is the problem if I might ask?

  7. I am a U.S citizen. My daughter was born in Sydney Australia in 1999. I have her original birth ceritificate and other documentation, and she has a current Aussie passport. Can I still get her U.S citizenship. If so, how would I go about it.

    1. I see no reason why not. You just have to start the process at the US embassy. Go to the embassy website and download the application for reporting a birth of an US citizen abroad. There are some requirements like you would have had to live in the USA for x amount of years depending on various circumstances, but in my opinion you are good to go.

  8. Hello,

    My wife is an american citizen by Birth, but she does not meet the 5 years including 2 years above 14 years, cause she moved out of the US by the age of 13.
    My wife’s parents can meet the requirement as they are American Citizens and have been living in the US for more then 30 years.

    We are having a baby in May, but i would like to know what is the best process in order to ensure that my daughter will get her citizenship without going throigh the regular immigration Form I-130.

    1. I wish I knew. I do know your child will not have a problem getting a visa and living in the USA and eventually getting citizenship. But if you child can not be ‘confirmed’ a US citizen at birth, then I know no other way that naturalization. Perhaps an immigration lawyer knows a way around it, but I do not think there is.

  9. I have a question for you, I am thinking about having a surrogate mother carry my child, once the baby is born, will he/she become a US citizen if I am a US citizen

    1. This question is asked many times, the short answer is not problem because of the biological connection to US parents. But the long answer is found here. You have to prove the connection with DNA and it is treated on a case by case basis.

      1. Mark, I would like to ask something.
        I am gay and my partner is carrying twins. One of the twins is biologically mine and the other is biologically hers.
        I am a US permanent resident (UK citizen) and she is a US citizen. We were married in NY before we had IVF.
        The problem is we are stuck in the UK and it looks like the babies will have to be born here.
        My question is will they deny entry to my biological child even though my partner carried the baby and is a US citizen?
        Please help.

        1. I do not think you have to worry. Once way or another you can all live together in the USA, in the long-run even if the short run is a maze of papers. Be patient and do not worry. Further, as you know travelling while pregnant is not always the best. So whatever is best for the babies physically.

          The US has right of soil and right of blood in its citizenship laws. This means if they are born in the USA it is clear. Or if they are genetically related to an US citizen then they can also get citizenship. Often DNA testing is required in unusual cases.

          So technically even though she carried your child the child will be born a UK citizen. Her child it is clear. Your child will be born a UK citizen.

          New York is state law but the Federal department of immigration does not recognizes gay marriage. So that is off the table for options today.

          So the options are your partner say the baby is hers or adopts the child or something. Or apply via normal channels with everything being open and clear, although there may be some delays, I think it will be no problem. I am guessing. The reason is the law right now is not clear and there are legal challenges now.

          Babies born abroad are citizen based on the parent and this includes in vitro. It is what the DNA is, this is the right of blood.

          I would ask the US embassy directly in such a complex case. It really is, I am pretty good with the law but this is over my head to know of there is a legal way around it.

          Here is the thing. My brother is a duel US and UK citizen, and one way or another, both countries are nice to live in and I believe it would be hard for the US government to separate a mother and a child. I was told there are women’s advocacy groups that can help with this.

  10. Hello

    My question is that I am pregnant and my hubby and I are planning a trip to Peru over the summer. I usually am early when it comes to having a baby but hoping that it will not happen until I am back in the US.

    My question is that if I do end up having my baby what exactly do I need to bring back my baby to the US without any problems or any delays in our return?

    Once in the US what do I need to do to make sure everything is in order with my baby?

    Thank You

    1. You will have no problem, but consider reading about fly while pregnanat, just a word of caution.

      If you have your baby abroad you need to get your baby a passport at the US embassy. No person can enter the USA without a passport. You need to confirm citizenship or get a citizensship and passort from another country.

      Call the department of immigration also because if you go by boat you might beable to come to the USA with a birth certificate but I am not sure on that. I know the rule is no one can enter without a valid passport with no exceptions. But the good news is if you go to the embassy it all can be done in little time if you have the forms and money. I would download the application for a report of an american citizen abroad and fill it out and have the papers before you go. The US embasssy will try to help, but they have to follow the law.

    2. I married a Vietnamese woman she is waiting for a interview date,on my last visit she accidentally became pregnancy will this affect her getting a visa.

  11. My wife and I have a question/problem. I am an American living in Brazil. My wife is Brazilian and 5 months pregnant. I was planning on going back to the US in the next couple weeks to start working there and to get established. Looking on the US Embassy site, it says both parents have to be present to register the baby and to get her US passport processed. It’s important I get to the US sooner than later to start working. Is there anything we can do? Are there any other options?

    1. Not a worry, just register the baby when you go back to Brazil. We did not register our baby the day she was born but like a year latter. What is the rush? You take the baby to the US embassy when you are ready. However, I think work should give you an allowance so you can be there when the baby is born, take some personal days or start your job after. But techically all that does not matter. You both have to be there at the embassy that is all.

  12. Thank you for your time. It may be the possibility that my girlfriend in the Dominican Republic could be pregnant. If she is indeed pregnant, will my child be an American citizen because I was born in the U.S. and she lives and is a citizen of the Dominican Republic? Important question so that I know what to do in the event he is pregnant. Thank you once again.

    1. I think that the child is an American citizen or for sure could get citizenship in the future. I personally would marry her and there would be no problem. I would 100% have the baby as this is a life and it is the decent thing to do.
      I can tell you as a father it is a great joy to be a father and it is no real extra work. I mean my daughter is my buddy and we have fun hanging out together, playing computer games and exploring the world. I think you are a lucky guy.
      Do not worry, your an Amrican citizen after the birth you all just go to the US embassy or department of Immigration and take it one step at a time.
      Let me know if you have any more questions.

  13. My daughter ran away when she was 15 she is now 17 will be 18 in November she now has a 5 month old daughter born in Mexico, here’s the problem when she ran away to Mexico they didn’t even ask her for any ID all she has is her birth certificate and can’t be issued one since she has no picture ID. Also she ran away from a State that prosecutes runaways, She has recently contacted me asking for help to come home which I want of course but I don’t know if they will still prosecute her for running away and she has stated that she won’t come back if they will. So should she stay until she turns 18 and we then take the needed steps to return her back to the US or is it better to have her come back sooner? I don’t want her charged as an adult that is for sure but I also don’t want to cause her to go to Jail. We are waiting to get in with an attorney but that’s the other thing should I contact an Immigration Lawyer or just a Family Attorney?

    Concerned Mom

    1. I am sorry you have such a predicament, and although I am not a lawyer and can not give advice, I can tell you what I might do if I was in that situation. I would contact a series of lawyers in your area. To find a lawyer use online reviews talk to people, talk to the lawyer’s office as they will give free consultations. Lawyers are expensive so if you use one you have to find the right one.

      I would contact a woman’s advocacy agency. In the USA there are many non-profit confidential organization that can help with this. I think the state would be hard pressed to separate a mother and a baby even if the law says she could be prosecuted for running away. What medieval state is that? There are a lot of laws on the books that are not enforced and if you were before a judge, I would think given the circumstances, it should be a major concern. So do research and contact charities and women’s agencies and health agencies. I do not know all the circumstances of the case here. Why did she leave, where is your husband etc. But I can tell you that there are a lot of groups that will help women and teenage mothers and they have lawyers and know the law and what to do. It is always the welfare of the children that is the concern, and 18 is still a child as well as her baby.

      About citizenship, that is a non issue. If your daughter is an US citizen, her baby is an US citizen. It is just a matter of proving it all and getting paperwork together. Ca you send her IDs in Mexico? Can she get a replacement passport and say she lost the other one from the US embassy? The US embassy is the state, they want to help. She first needs to get US ID. Then she needs to get a birth records for her child born in Mexico. Then you have to help her with money to apply for a baby born abroad and help her bring the baby in the USA. She does not have to come back to her home state. I doubt a state would go to the trouble of state to state extradition. But I would truthfully just bring her home and take care of her and the baby and let the healing begin. The state has bigger issues than to put a teenage mother in jail, it would be scandal and would be on the front page of Drudge report and Huffington Post.

      Again this is not advice but what I would do. Talk to a lot of people, then focus on getting documents to your daughter and getting your blessed grandchild an US confirmation of citizenship. There might be an issue that she did not live in the USA as an adult by the way, but this is why you need advice from people who can work with you to help this process. The US embassy can help too as lawyer are very costly. The baby can at least get a visa. Worst case take a deep breath and she can live in Mexico for a while and you can send her money and she can teach English until it is all straightened out. I have some friends who live in Mexico and they love it. You can fly beneath the radar in a nice safe place and live a low-cost life.

      I think the only real issue here in money. How she can support herself or you can help her with that. If she ca support herself time will work things out and she and your grandchild will be back in the USA. But I lived as an expat for almost ten years and I can tell you, once you leave the USA, the world is just as nice. The world does not end at the US boarder.

  14. How does it work if the mother lives in UAE (Dubai) and is giving birth in UAE and the father lives in the USA and is an US citizen? The baby is going to live with the mother in Dubai and not in the US. They were married at the time of the birth, but are no longer going to live as a couple. Does the father have to register in US if the child is not going to live here. Can the mother just register in UAE?

    1. He can has to prove he is the father somehow, the easiest is DNA testing, he also has to prove he lived as an adult in the USA for five years as a US citizen. If he can do this then he can start the application process with the US embassy or department of State. However, I think he needs to be present with the baby to receive the final confirmation of citizenship.

      Why would he not want to be with the mother of the child? I mean they had a baby together and this child deserves two parents right?

  15. I am US citizen and my wife is still not a US citizen. We have daughter together and she should be the citizen of USA because of me. What should I do to get her here in USA?

    1. All you have to do is get the birth and marriage documents together and fill out the embassy process of Consular Reports of Birth Abroad (CRBA). To bring your wife in it is harder you have to prove you can support her. I know it is unfair but see the US embassy website for more details.

      1. I need your help please my husband and I just had a baby. We both live in the us, he is an American citizen and I’m a green card holder.
        I was visiting my family in Canada and ended up giving birth early. My daughter is 4 months old, my husband went back to the us because of work.
        We were told to apply the n600k application we did that. Now they sent us a letter saying its denied and to appeal. We’re we suppose to file n600, do we have to appeal or should we just take our daughter to the us embassy in Toronto and get her born abroad papers.
        Our daughter is still in Canada with grandparents we want her home.

        1. You have to tell me exactly what the letter said. Why were you rejected. If you do not know make an informational interview with the embassy. Be calm and polite as the embassy staff sometimes can be hard to deal with. You basically have to understand they are government workers and you have to basically bend over backwards to be nice and calm to them.

          It is nothing personal but you need to understand why. Let them guide you as to the best way to get your baby in the USA. I think there is no reason your child should be rejected unless there is something wrong with the application process. You and your husband can just get her confirmed as a US citizen, why not do this? But communicate and honest. Let me know what is going on with this process.

  16. My son is about to Turn 18 on June 28th. My child was born out of Wedlock to an American man named Leo we are still in contact and I am aware he is the father, however he is not on the birth certificate, nevertheless he is still living in the USA is there anyway my son could still get American passport or/and Citizenship?

    1. Why did you wait so long? I would get the father to take a DNA test and prove he is the father and get a rush last minute attempt before he is 18. You need to get a lot of paper work togther, but you can do it if you do it all today. Get the application in on Monday. Work with the USA Embassy. Why on earth did you wait this long, but the father has to be motivated and work with you.

      1. Well I never thought of it as being something useful before but now I see that it most definitely is and I will try to help my child get everything sorted. Do you know of the documents needed as looking on the website was quite confusing to me or should I just call the USA Embassy based in London and explain my predicament?

        1. Call the US embassy at once as you are not married and not the citizen parent and it is the father not the mother, which makes it even harder. You need proof of the American parent living in the USA for about five years, this could be tax returns or school records, you need your, your sons, and I think your ex partners birth certificate and you need to fill out an application CRBA or FS-240.

  17. Not sure if I sent a message all ready my laptop turned off as I clicked submit so not sure if it went through. The only reason I waited so long was because I never thought of it being an issue before or that my son might find it useful but now I realize that was silly of me and I should of sorted it asap.
    Either way the Dad would most certainly be motivated I have all ready spoken to him about it, but should I call the USA Embassy in London and speak to them about my situation. Or could you provide me some links and the site confused me slightly
    I am unsure as to use this one
    or simply wait until my son has hit 18 and go with this one which at the bottom has a section about if 18 or older go here. Which I read through and by sending an email to the London.USA Embassy they replied say that it is okay for my son to be 18 and deal with it that is the age of which Legitimation must happen so problems would only occur from my son being 19 onwards. I have printed the documents and am going to send my son’s father all the documents about American Father and Alien Mother out of wedlock

    1. I think if the father is motivated it will be no problem for you to get citizenship for your child. None at all. All the father has to do is be onboard and you have to be patient to fill out the paperwork. Techically he might not even need a DNA test to prove paternity but this is something the US embassy likes. They like paper in my experience.

      It is very useful to have a dual citizenship, including US. The possibilities are endless in terms of employment, educations and freedom of movement as well as a cultural experience. Keep huniting on the US embassy website and there will be everything you need.

  18. Hi, I posted here almost a year ago about my baby’s father and I am sure you remember my post very well. You were right, he realized everything and came back to me.

    He came to Georgia and reported our daughter’s birth outside of US. We went to US embassy in Georgia. We were asked to do DNA test. We done DNA test and results already back. After they received results they start processing our daughter’s passport and it will be ready in couple weeks.

    But now I have an issue. I had US 10 year visa. I never violate my US visa. But when we went to embassy to submit baby’s paper work consul revoked my US visa under National Act section 214 (b).

    I don’t understand why he did that when I never violate my visa. I did not even go to US to give a birth there. If I wanted to do something wrong I would do it before my daughter’s birth. I am working at the Ministry of Internal Affairs.

    I have parents and two other kids from previous marriage.I have two houses and banking account. What else would I have to be able to travel with my daughter to show her to her grandparents? It is so upsetting.

    My baby’s grandparents want to see her and they are not able to travel outside of US because one of them gets hospital treatment every week. How can I convince consul to let me have tourist visa or where else I can report this fact?

    We were not going to marry so fast. Now because of this my baby’s father is collecting papers to make for me a fiance visa.

    I really wanted to show baby to her grandparents for couple weeks and then I could wait for fiance visa which takes up to 6 months. sorry for long post but maybe you know ways to make it faster or place who I can ask to review my case. Thank you so much for helping people

    1. I am sorry you had to go through getting your visa revoked. My first response is why? I think you know. You’re a person of morals and good standing but you work for a foreign government.

      They in almost all cases, or I think all cases give you a reason: Section 214(b),
      Section 221(g) or Section 212(a) of the Immigration and Nationality Act. Often is missing paperwork, this is very common. He is not going to revoke the visa because he does not like you. It is based on a very specific reason. Missing paperwork is very common. Other than that criminal activity or foreign government activity that you participate in.

      I think, it is because you work for the Ministry of internal Affairs. If you say it is 214 b than you know the reason. You can apply for a waiver under section 247(b). I think you know this. If you work for a foreign government they have to make you jump through a few more hoops because it is a matter of national security. It is not the person who interviewed you, he was doing his job. They have laws set up in every country of the world like this. It is very standard.

      In my experience, people working in these offices are nice but go by the letter of the law. You have to find out exactly what people in your situation have done in the past to get a visa reinstate and go from there. You can always hire an immigration lawyer but it is expensive and in your case the reason is pretty clear I think. So you have to apply for a waiver.

      Can you get a tourist visa? Tourist visa are good visas.

      If nothing else works, try to be patient. Try to understand in life not everything goes smoothly in the short run but the long run is what matters. Do not get too upset or angry at anyone and just try to work though the issues at hand and know everything happens for a reason. My daughter did not meet her American grandparents until about a year and a half after she was born, because of the money and cost to fly to the USA.

      I know it is not the same but there is Skype. We always keep in touch with family this way. But be patient it will all work out. I think you know the reason why and what can be done in a positive legal way to override this, that is applied for a waiver.

      1. Sorry I forgot to mention that it was a tourist visa that was revoked. The thing is that I think the guy who revoked my 10 year tourist visa did personal thing. My fiance was there in embassy with me and he tried to speak with consul and he was so rude and told to my fiance that he is not going to speak with him at all. My fiance is a US citizen and a tax payer and he just could not refuse to answer a single question. Let’s start that consul doubt that baby was my fiance’s child. He wrote dates on peace of paper and tried to say that I was a lier. My child was born 3 weeks early premature because of the stress I had during the pregnancy and DNA test proved that my fiance is a biological father of my baby. But that person at the embassy was very ride to us. He told me that I will never attend US tourist visa. But 214 (b) states clearly that it is not permanent denial. So it comes that he tells me this. Besides before I was granted for 10 year US tourist visa I had it clear that I was working at the Ministry of Internal Affairs and had a letter of employment. I never lied on my papers. It is just upsetting that they let people go who really violate thiere visas and they revoked my visa just because I tried to follow rules. If I wanted to violate it I would go to US and stay there and give a birth there. It is so hard to explain and prove your are right even though I am a lawyer myself. I did not know about a waiver program, I will do my research right now. Thank you for help

        1. I think people in the embassy can be very rude. I have experienced this personally. I am sorry you had to go through all that. I have seen such rudeness in the embassy that it makes me ashamed to be an American.
          I was attacked oversease and they did not really help me until I wrote the main embassy guy, then they helped. But the peson I delt with intially was very rude. I think many of the embassy workers are just on power trips but could not really function in the real world. They studied poltical science or something and want to extend their college years with the lifestyle.
          I was attacked as a US citizen and the US embassy was not helpful. Only when I made a huge issue out of it.

  19. My wife is a New Zealand and Taiwan citizen. I am a U.S. citizen. Although it seems any child I have at birth would technically be a U.S. citizen, but do I have to ” register” the child as such? Would I have to get them passport? My point is, seeing as they would already have 2 passports, I actually have no interest in passing my citizenship on. I been gone for nearly 20 years and would have no desire to move back or force any future child’s allegiance to country they would never know. Would they have a choice later to apply for themselves if they wanted? Is what I am thinking illegal under U.S. law?

    1. In the USA you can have several citizenships as long as you pay your taxes and your alligence is to the USA. Not an issue. I am a dual citizen, I know people who have three passports. I think there is great value to be a US citizen. But it is up to you if you want to file all the papers with the US embassy.

  20. I am Indian by birth , but have acquired U S Citizenship over the years, I have moved back to India a year ago and do not leave in United States presently. If I give birth to a baby in India , will my baby become an American citizen?

    1. As long as you lived in the USA for like 5 years as a citizen I think it is no problem. Your baby one way or another will be a US citizen regardless. I think the child will be confirmed if you get the paperwork together at the US embassy. I did this for my daughter.

  21. I’m an US citizen by birth and single, I’m the only parent stated on my daughter’s Birth Certificate can my daughter (6 years old) acquire US passport?

  22. My husband moved to Canada when we were married. I am a Canadian citizen by birth. Our children were all born in Canada. Recently, I have discovered that by birth they are considered US citizens and whether they are registered or not, they are required by US law to file taxes with the US when they begin to earn a paycheck and that our son is required to report himself the the US draft when he is 18, in case it is ever reinstated. My husband wishes to gain Canadian citizenship and we have no plans to return to the US. Why should the US not acknowledge me children’s Canadian citizenship simply because their father is American? I read here that the US does acknowledge dual, but in truth they do not. As far as the US is concerned once American always American. Canada on the other hand does recognize both. Shouldn’t our children be given the right to choose when they come of age? Why should their allegiance to a country they’ve never lived in be forced upon them? Why can’t the US acknowledge allegiance to Canada? We as a family have chosen to be Canadian. If we never register our children, how can they be required to pay taxes/and be eligible for the draft if reinstated? It doesn’t make sense.

    1. You always have the right to renounce US citizenship and there will be no draft in the USA. Unless it was WWIII. No way. Too many protests and the world is different now. Our military is 100% professional, that is you join for money or nationalism.

      Taxes for US citizens are a reality and but are excluded to a high level like 90,000 dollars on foreign income and after that is marginal. So unless he is part of the 1% I would not worry too much.

      The US does not recognize dual citizenship but it does allow it. It just means you are subject to US laws.

      I love the USA but I love Canada too. Both nice places. I would say defer renouncing it as someday your kids might want to live in Hawaii or New Mexico or something. They, if they are citizens, which I doubt unless claimed, you would have to check with the embassy, would just have to file a tax return, I do it online untill their making basically six figures.

  23. Well I have a problem. I am an European born in Holland. I have a baby born in Holland also 2 years of age. Her father is an american resident of a green card and applying for his citizenship which is almost done. He is and was married (not with me) at the time of me giving birth. He wants to divorce after having his US passport and marry me. When and how is the best way for us to register our daughter so she can get an US citizenship? I do have a nationalty through my mother from her originally country. So does my daughter has it also since couple weeks ago. But I have a problem which is im am in the US with my daughter. What would you advice me?

    1. Eventually as long as your marriage is real, you all can become US citizens. However, your child would not be confirmed but would have to go though a lot of paperwork and visas. But with patience and hard work it will not be an issue. You need to talk to the US embassy as it is really something that is handled after you are married for several years, but the baby in my understanding can not become an US citizen easily because there are a lot of laws preventing this ‘instant citizenship’ though marriage. I cna tell you nothing will happen for like five years after you are married than yes, but until that time, US legal visas are the way to go.

  24. I am a Canadian citizen as is my 16 year old son. My boyfriend is American. We wish to have a child, as well as us move to the States to join him. After reading lots of posts, I feel I should have the child in Canada, then move after. I realize there is going to be alot of paperwork involved concerning our move, but for the baby I think it would be the best, as, I have full medical coverage here. Am I right in my assumptions?

    1. Since you are not married and I would make sure of two things, your boyfriend can prove that it is his child via DNA when you have it and that he fullfills all the requirements of being able to prove he has lived as a US citizen in the USA as stated on the embassy website with records like school or tax records.

      If that is the case, I personally would have the child in Canada as it is covered under medical insurance. We live in the USA and to have a baby here it is very expensive. Poland which has social medical care which we pay for via the tax system it is free.

      I think I would have the baby in Canada and live in the USA. It would not hurt if you were married as this would make visa issues easier. I think your 16 year old son would have to be adopted by your boyfriend to get a visa. But Canada and the USA have very good relations and visas are easier for Canadians. But still there has to be some basis for it all. Having an American boyfriend is not going to fly.

  25. Hello Mark, I posted here before and I need your advice in my case since new situation arise. Little BG: My fiance left me when I was pregnant and then came around when baby was born and wanted to work our relationship. I am from Europe and he is US citizen. He did all the paper work for his daughter to get US citizenship for her. Now he is telling me that is is working on K1 visa for me and that he wants us to be together. I have weekly phone calls from his lover or girlfriend I don’t know how to call her that they live together. When I confront him he says that it is a lie. That he loves me and wants us there. This woman tells me that only reason why is is speaking with me it is a baby. That he is not going to take us to US. I am lost. I don’t know who to believe in this case. In my country it is impossible to do anything about bay without fathers permission. I asked him to mail me permission latter for me so I can get for our daughter dual citizenship and I could take her outside of the country since he is not going to be around us. He is not going to do any of it. He said he will take my daughter away from me since she is US citizen. I am lawyer myself and I know there is not such thing to take my daughter away from me. My question is what court can I go to get full custody for my daughter since I am primary care giver for her and will be always. He is not sending no money as support. I am tired to deal with this situations and his lies. My daughter will not be able even to be on my insurance since she is US citizen. My 10 year tourist visa for US been revoked when my daughter got her citizenship. I was told that I am no longer qualify for tourist visa and if I want to go to US I have to do immigration visa. He knows I can’t go there and make him do anything. I just want to know where can I go to get for my daughter her right to have dual citizenship and permission latter to travel with my daughter. In my country they won’t let me do any of this unless baby’s father is agree. He won’t do it on purpose to make my life misery since I don’t want to believe his lies anymore. Please any advice or suggestion will be greatly appreciated. He had a great mom and I am having a great relationship with her. But he won’t speak with his mother and does nothing have to do with her. Also she wants to see her granddaughter and she can’t travel to my country. Thank you,

  26. Hi Mark. I am a US citizen (born & raised) and have been living in Melbourne Australia for the past 6 years with my girlfriend, who is a New Zealand citizen. We are not yet married but have been together for 6 years; 4 of which I have been a ‘461 New Zealand Citizen Family Relationship’visa, essentially a spousal visa. We are having our first child in February 2013 in Melbourne Australia; I would like the child to have have dual citizenship (USA & New Zealand). Although we are not married, my name will be on the child’s birth certificate. What steps do I need to complete in order to apply for legal US citizenship? Is there any paperwork which I can complete prior to birth or is this something that I have to do after the child’s birth? Thank you

    1. Basically you have to go to the US embassy and prove you are a US citizen and have lived as an adult in the USA for x number of years depending when you were born. The USA State Department website will explain that requirement.
      Then you have to prove that you are the father. It should be no problem, if your name is on the birth certificate but since you are not married they often want to see DNA testing because there have been so many scams of guys getting their name on the certificate of birth of a foreign baby.

  27. I am staying here in California as visit and meet my partner and I am two months pregnant now. But my partner want me to stay here in US but I’m not legally annulled yet in Philippines. What we going to do to stay here in California. Is that possible for me and the baby to stay?

    1. I think if possible you want to have the baby in the USA as it will make it a lot easier in terms of paperwork. How you do that is based on your annulment in the Philippines and if you can get a fiance visa. That is the only way I see it. Marriage in the USA. But I would talk to the US department of immigration about the legal options. I can not recommend the non legal options. I would always be thinking in terms of what is best for the baby as this is an innocent child.

      1. Thank you so much!please help me. by your replied we know we get knowledge to know what we going to do..
        God bless

  28. I have dual US / Canadian citizenship but have not lived or worked in the US since 2003. I’m thinking of renouncing my US citizenship but I have a child born in 2010 and would like to know what their status is before I do so. Is my child automatically a US citizen?

    1. Why would you renounce your US citizenship? I would talk to the embassy about this, but you have to get citizenship for your child if the child was not born in the USA. You have to apply with the embassy. Then you can renounce.

  29. I ran across this site and I am hoping you could answer my question. I am married but we are not able to have children due to medical condition. I would like to ask my cousin to be a surrogate but she lives in England but is a Polish citizen. Before I even ask her to consider this I would like to know how we could do this and if there are any laws or obstacles that would prevent this. Thank you in advance.

      1. But she lives in England so the baby would probably be born there. I read that there is a child Act that in the UK that may make things more difficult for me. Would it be easier to adopt the baby from her? As an eager new parent, I would like to bring the baby home ASAP but I am unsure if there is a time frame requirement for the court systems or any other obsticles. You seem to be extremely knowledgeable so please let me know what you think I should do or where I can look for more information. Thank you again very much!

        1. These are complex ideas which people in the government office vaguely have an idea about. I think either way the you can bring the child home, it would be all a matter of time. I do not have specific advice other than contact the embassy and the department of immigration for a consultation. You do not need a lawyer just get expert advice from them. I think there are many ways to approach this. I mean the father is American and so are you so you need to start the process now at the department of immigration because the baby is biologically yours. DNA testing can prove this. But even for me, I am American and for me to get my wife and daughter to the USA it was a lot of work. I had to prove all these things and have good US based income. I would not freak out or anything, just talk to the department of immigration. If you have to live in the UK for a while with your baby do it. If you have to adopt your own baby do it. Whatever will work. Sorry I can not help you more other than starting the process with the US embassy in the UK or the department of immigration.

  30. Hi, I am US citizen naturalized , living in USA , I have a daughter( 18 years old) in Argentina she have a baby of one and half year old, I submited petition for her ( I-130, I-864, immigrant visa application, birth certificate, copy of passports, police records for my daughter) .The NVC approved the petition and gave me an appointment for interview for my daughter , they send her to do some medicals exams, but they only name my daughter, what about her baby?

    1. I would not assume that at all. I think the baby is a seperate idea, but if your daughter gets a visa I think he daughter would also. Jut call the department of immigration.

      1. Hi Mark,
        Before all, Thank you so much for your prompt response.
        I called Immigration Department and they said that the petition category for my daughter is IR2 just include my daughter ( no the baby), so at the moment of her interview at the embassy is going to be up to the consul to allow the baby travel with her. I can’t believe there is nothing I can do in order to bring my grandson to this country ( is just a baby), so frustrated.

        1. The department of immigration is just going by the laws enacted by congress. It is not them personally. However, it does seem very unfair. I think there is a way. I just do not know it. You need to become a personal expert on the law in your specific case. This is what I have done with my cases. It require a lot of research. often if there is not the direct way there is an indirect legal way.

          1. Thanks Mark for your input in my case.
            The Consul approved my daughter come to this country until may 2013( thru immigrant visa) once she is here she’ll get the permanent residence, then she need to submit the petition for her baby, the question is How long do you think is going to take since the moment she put petition for baby come to this country?

          2. I do not have percises infomation but I think it will be like 3 months based on my experience with government agencies. Maybe I am wrong, you can keep calling them, but it should not be that long of a wait.

  31. My wife and I – and our son – are in an unusual situation. My wife and I are both native-born American citizens who are currently living and working in Australia. In 2011, my wife gave birth to our son in Australia. He was a donated embryo; that is, there is no genetic relation between our son and either of us. The embryo was transferred to my wife, carried by her for nine months to term, and then delivered from her via c-section to produce our son.

    Because he is not biologically related to me or my wife, and was not born in the USA, I understand that he is not automatically eligible for US citizenship. It is likely that one or both of his biological parents are American citizens (the embryo came from, and was transferred by, a facility in the US); however, anonymity issues and contact/communication problems make that impossible to determine/prove.

    My wife filed form I-130, Petition for Alien Relative, with the Department of Homeland Security. The application was approved and we were referred to the National Visa Center. I understand that we can continue with that process to obtain a visa for our son and he can become a permanent resident (green card) of the USA.

    My question is: What do we need to do to have US citizenship granted to him?

    I have done a significant amount of research on the internet. The difficulty I keep coming up against is that there are two processes for child status – biological relation and adopted – and he does not qualify for either. If he were biologically related to us, the process would be straightforward and easy; but he’s not. If we had adopted him, we could apply for citizenship for him via those channels. But, as he was carried and delivered by my wife and born as our legal child, we have not adopted him and cannot do so (because he is already our child).

    I would like to think that the process of our son obtaining US citizenship would be at least as easy as it would be for a child that we had adopted – because he is clearly more “our child” than an adopted child would be – but I have not been able to find that path in the system.

    Any information you can provide on the process required for our son to become a US citizen would be greatly appreciated!

    1. I have done research on this also and you know how crazy the situation is. The bottom line is I am sure eventually there will be no problem, only initially. I guess my question is why does the State Department have to know if the child is not fully biologically related? I would just offer them the birth certificate.

      The reason I say not fully is as you know, if a woman carries a child even if it is not her egg, the child receives genetic material during development. 🙂 So there is a biological connection regardless, just a side point that you might want to know, but not relevant here. You can tell your wife that and I think that if she does not already know.

      If the state department already knows about this, then you have to get high enough in the decision making process to make the wheels of justice turn in your favor. In the law and code there is nothing to prevent you from transferring citizenship to your mutual child as you are both US citizens. In the US case law system it is the spirit of the law not the letter of the law that counts. We are not a Roman law country. So you need to elevate and contest it if you want. I would write the higher ups. I have in the past about a serious issue and I got traction. If not even a legal challenge is possible. I have done court cases myself even though I am not a lawyer (small stuff).

      Basically it is your level of commitment and time. I think if you can get a visa and green card and then naturalize your child that is good too. But I think it would be a legitimate legal challenge to the law if you wanted your child to be confirmed a citizen. You could write a book and make money and help your expenses, I would. But it does not have to go that far. I would write higher ups in the State Department or the department of immigration.

      Other than that I have no additional ideas, let me know this helps.

  32. While visiting the Domincan a older wealthy American man impregnated a friend of mine. He traveled to see her every few months for a few years. Told her he wanted to help her become a citizen and move her to the US. He was initially very good about the whole situation until it was found he is a married man and has no intentions of taking care of or seeing his child once it is born. Is there anything she can do to force him to take care of the child.

    1. I wish I could help but I do not have the answer on this question. I think there is something in the US court system that would allow for this, I just do not know it. Also there might be something in the law of your country too.

  33. I’m a u.s citizen by birth I’ve been separated from my spouse for one year I have two children in Mexico my eldest is 6 yearsold & my youngest is 3 months old we are to get married as soon as my ex-spouse signs the divorce, my quesition is can obtain U.S citizenship for my two boys, I obtain the application for child born abroad from u.s citizen father and for u.s passports I believe I have all the documents they request birth certificates of my boys, my S.S stament,income tax returns from past 6 years, my U.S. passport, proof of or relaionship with letters of 7 years im also going to request a fee waiver due to that I have no income I have a medical condition and I applied for S.S disability 14 months ago I also have a pension coming from being a carpenter for 28 years so I ask you Mark im I on the right track planning on going to Mexico soon.

    1. I did not approve the comment as too many puncuation marks I had to clean up. But thank you for the questions, and I think you are on the right track. All the US care about is if you are a US citizen and you can prove your children are bilogoically your children and you fullfill the other requirements such as living in the US a certain time.
      Are the children from your ex-spouse or your spouse to be?

      1. In regards to your question my children are from soon to be spouse. Question mark do you think there might be a problem if not yet divorced or whats your advice before I make the appointment also my mother is going to accompany me, my boys and my soon to be spouse My mom is a US citizen she wants to be there in case the US consulate at San Miguel De Allende officer requests a witness when the oath is sworn by me.

  34. My girlfriend and I are both born US citizens, and residents. Her mother is Danish citizen, but resides 1/2 year in US and the other 1/2 in Denmark. We are having our first child but visiting mother and father in Denmark during last Tri-mester and birth time. Will we be able to give the child a Danish citizenship or will it have to become a US citizen upon our return to the country?

    1. The child will be a US citizen no matter what or where the child is born. With Denmark it does not matter where the child is born. It matters the citizenship of the mother. I would talk to the embassy about this to clarify the law and get your wife confirmed as a Danish citizen. I would be cautious about traveling with a baby yet to be born for health reasons. The citizenship stuff can be sorted out latter.

  35. Hi, our kids were born in England while stationed there with US Military. They have both US and UK birth certificates. The total time living in UK was 3 years. They are now 17 and 18 years of age. The 18-year-old has expressed an interest in moving to the UK. Would he be considered a UK citizen at his age? Is there a time limit for him to be considered a UK citizen? Thanks.

    1. Born before 1983 should not be a problem, born after 1983 then one parent would have had to have settlement in the UK. Either way if you are born in the UK you should be able to get a visa. My nephew is a duel citizen UK and USA. He just moved back to the UK, after school in the USA. It is a great thing to have the flexibility of both.

      1. Hi, I am Australian and my husband is Lebanese. What nationality will our child get if born in Dubai and will it have any issues in the future from being born in the middle east if we move back to Australia. I am receiving mixed information.

        1. You have to just apply to confirm your child as Australian and there should be no problem if you are Australian and have lived there for at least two years.

  36. I am pregnant 3 months and currently live in Bolivia. I was an Au pair on a J1 Visa living in Massachusetts, I got pregnant by a US citizen and decided to keep the baby; I had to come back home before finishing the program because being pregnant goes against the rules of the contract. The father said he was gonna be there to take responsibility but cannot really trust him.
    I’m planning to deliver here and finish the university while here. I want to go back to the USA so the baby can also be registered by the father. Should i get a Bolivian passport and then the American one? so I can travel with my baby in search of the father or should I just make him come to my country so he can register the baby?

    1. Being a mother is more important than citizenship or having the father pay. You did the right thing to keep the baby. I know you want to have your baby get US citizenship as your baby should have, but it will take time. The father needs to be part of this or it is very complex. If you can get him on board with the process it will be no problem. If he is not on board I would start looking at ways to make him pay child support. His parents should be aware that they have a grandchild. I think basically it is all about you and your baby and try not to get too negative if it does not work out with the father. But on the other hand you do have legal rights. I would talk to the US embassy about your options for all.

  37. I am a UK Citizen married to my husband whose an American citizen and we reside State side, and I’ve applied for the Green card. and now that I’ve found out that I’m pregnant. i want to give birth in the UK, and I was wondering if my child would be an American Cause his father’s a citizen.

    1. As long as the father fulfill the required document and residency requirements of living in the US as an adult than it should be no problem.

  38. After one year of residence in Paraguay the baby was born.

    Father: Paraguayan
    Mother: American (resided in the US her whole live, but the last year prior to the birth)

    I understand that the 5 years prior to the birth the mother must reside in the US.
    Does prior mean 5 year anytime in the mother’s live (total of 5 years of residence in her live) or, 5 years before the birth?


    1. Anytime, so you could have lived there from birth to age 23 lets say, then live in Paraguay for the next twenty years, it does not matter your child is still American.

  39. I am Pakistani and my wife is US Citizen. We submitted I-130 in November 2012. She had been living with me since October 2012. Few days ago, we found that she was pregnant due to the security reasons and cordial season here. I am worried about mom and baby health.

    Where we need to get the information inform? We were trying to search on US Website but didn’t find anything. When I can expect my interview call from the embassy? Do you think? We should do something which in important right now. waiting your suggestions.

    1. I am not an expert on life but I think air travel for a pregnant woman is not great in the second trimester. I think you will not get your green card by then. I think you should plan on having the child in Pakistan, it will be cheaper. The USA a birth is about 10,000 dollars. I am more concerned about the babies health then the visa. After the baby is born you can apply for citizenship. If you want more information you have to contact the department of homeland security and immigration, but they will not really tell you anything. I think you will hear sometime in the summer about your interview. But think of the baby and research air travel for pregnant women.

  40. My son was born in Denmark, and has resided there all his life with his Mother. I am American by birth. Is my son still a US citizen, and if so, how do I go about getting his passport? He is now 22 years old.

    1. I am sorry but there is not automatic at birth confirmation of citizenship after the age of 18 but it should not be a problem for him to get naturalized. This takes time but worth it.

      1. I also wanted to add that the child in question was born in wedlock.

      2. I also forgot to add that the child in question was born in wedlock.

  41. For the past 5 years my wife who has a green card has lived with me in US. Her daughter, I am her step dad, who is now 17 in the midst of me getting her Visa has “had” a baby, baby is now 2yrs old. My step daughters NVC certificate has arrived and being processed, and I am concerned that my grand daughter will not be able to come with her. Is there a process for that information. I am worried that if I mention the grand baby that they will deny my daughters application. How do I make sure my grand baby all the proper paper to come in with the mom( My step daughter).

    1. One way is to pay a lawyer as they know the ins and outs best, an immigration lawyer if you can afford it. It will cost up to 5,000 dollars but if you want to be more confident that is one way. I do not have that money so I did the research for my visa issues myself. The laws are all online. But no one can guarantee anything when it comes to immigration.

  42. My father is from Virgina, and my mother was a Cuban citizen living in Canada (RIP mom), and I was born in Scarborough, ON. I immigrated to New York in the late 80s after my mother passed and am now a naturalized citizen, but I was wondering: Because my father is an American citizen, does that mean I can consider myself a “natural born” US citizen, even though my mother was a foreign national and I was born in Canada?

    1. You are natural if you acquired citizenship through confirmation rather than naturalization I think. That is if you at age lets say 5 were confirmed by the USA to be a citizen based on your father, you would be a foreign born natural citizen. Yet if say at age 30 you applied to become a citizen through a processed you are naturalized. But in theory you are natural but did not play it out that way, this is what I think.

  43. Hello Marc, I need your advice in my situation knowing that you have international marriage so you might know how to handle this situation. I am from Eastern Europe and my husband is US citizen. We have a daughter that is dual citizen since she was born outside of US and got her citizenship trough her father. Now, our relationship has a lot of ups and downs mostly because I am in Europe and not allowed to go to states until my I-130 is approved. It is very difficult to handle situation when husband is not cooperating. He is cheating on me while I am not there. It hurts a lot because I am raising our daughter here while he is having fun in US. I told me I will divorce him and then he threatened me that he will get 50% of custody, and when he will take my daughter to US she will never like to come back to Europe. I wonder is there really for him a chance to get 50% custody when he is so far away? When she will go to school how she will go 6 month here and 6 months there? Besides he never send us money and does not support us here. Since day one our daughter was born I am the main provider, I have house and I am working. Besides what court should I go for divorce if I am not allowed to go to US and he will not come to Europe. He asked me 20 000$ to help him before our problems started and I gave him this amount of money. Now he tells me that if I want to see this money again I need to sign off my rights or sign 50% custody for him. He wants to trade our daughter on my own money. Of course I refused. I don’t need money! I need my daughter that I am raising. In 15 months he saw her just 2 times. I asked him to come to visit us for coming Christmas but he refused saying that he cant. It means that by Christmas it will be over year that he will not see his daughter. I don’t know what to do. I feel trapped. Our daughter does not even remembers her father because he prefers to spend week-ends with his lover rather spend time with us on Skype. I am sorry this is so long and all over the place. Please give me some advice where to start and how can I protect my daughter from life where she can see her father with different women every day and drinking parties. I spend all my free time with my daughter.
    Thank you in advance,

    1. I am very sorry for your hurtful situation. It is very disappointing but you can have a happy life. I can tell you are a good hearted person. As disappointing as it is I would focus on the child’s happiness. You are paying the price and there is not reason to have your energy drained by an energy vampire. You are pretty girl I am sure and have a wonderful daughter that needs you. Especially if you have any family in Eastern Europe this is important. If you come to the USA you will be alone. Money is not a factor here, only the love and stability the child will have.

      I am sure he has wonderful qualities and good points. You would not have fallen in love with him but it is an old story. Many men want to play. I would not say he is worthy of your love.

      I am a father. Being a father has little to do with the act of conceiving the child. It has to do with being with the child and mother of the child with a humble heart serving God by loving those who need you.

      You should not give up on you faith and belief in God and ideals and goodness.

      Will your guy find God and redeem himself? I do not know him but I doubt it, unless he is a true Christian. Unless he repents I would stay where you are and focus on raising your beautiful daughter. You might even find a wonderful man. People do not care that much these days if you have a child or not.

      You should not compromise on your child – she needs one normal parent. You have to be strong for your child and yourself. Your child needs love and stability. The USA is a great experience but it just and experience and not on par with having an emotionally balanced child. That is what I think. What do you think about what I have written?

  44. Hello Mark,I really appreciate your input in my situation. It is very important to have a common sense in this situation. I do have family in Europe but my family does not know the situation yet. I am afraid how they will react about the situation and I don’t want to get more stress then I have right now. I only thing about my daughter well being. I pray to God every day about it. I know one thing that he needs child only to manipulate with me. He does not think about our daughter’s happy future, otherwise he would never take so much money from me and would never cheat and was going to spend some weekends to see his child growing. I know he can’t take my daughter away from me because I am the one who cares about her and supports her while he has fun and does not think about her or wish to see her. I only wonder what court I should go to get full child custody so I don’t have to deal with him anymore. Anytime I will need and paper work here by my country rules everywhere I will need both parents agreement even if I want to take her out of country or get for her a passport and I know he will use it and will ignore me and make me beg him about everything. I feel so trapped. What man trades his child’s happy future for some woman? I am just lost and confused and don’t know where to start. Sorry that my response all over the place, I just have three sleepless months going trough this nightmare and I feel like I am loosing power. Only thing keeps me going when I think that if something will happen to me my daughter will stay without anyone who will truly love her. Thank you once again,

    1. I guess the question is if you stayed in Europe can you provide a home and a safe calm environment for your child and economics enough to clothes and feed your child? I would not worry about parents and what they think. All parents will worry and many are difficult. Make your life choices not based on your parents but only your situation.
      If you feel better coming to the USA then come to the USA it depends on your psychological profile. Most women I know need emotional support and affirmation from friends and loved ones. I am a guy and I need this. Yet on the other hand there are many organizations in the USA that can help with emotional support and there are many people from Eastern Europe you can connect with. I do not know. I think your guy will not see the light, but maybe I am wrong. To be a responsible male, one has to have a deep sense of responsibility from values taught by family or God. There are many players in the USA. Guys that just want to play and they never will come around. Does his family know what a scoundrel he is being and he has basically abandon you?

      1. Mark, I have home that I own and I have a government job and I can provide everything for my precious daughter. Honestly I am type of person where I do everything myself and I don’t like disturb people and tell them about my problem, this is why I decide to post here. I am not sure if I can hear words of support because mostly people oriented to judge you and your decisions but when I married this man I could not imagine in my worst dream that he could do such things to me and our daughter. I am sure he has someone he lives with in house with him because whenever I would call he never answers phone and only calls when it is convenient for him. His mother knows everything I am going trough but she does not have much to say because he is 42 year old man and she can’t make him do anything but she supports me mentally. I asked for divorce but he does not want to give me divorce, he says he wants a family but I guess on his terms where he can have fun until I get there but in my thoughts this is not how marriage works. If I am raising our daughter and stay dedicated to my family I am expecting same things. If he will not give me divorce there is nothing I can do about, because I can’t go to US until my I-130 is approved and I can’t make him sign papers and he tries to manipulate with our daughter so I would not think about divorce, like when he says that he will take her and get 50% child custody on her. I gave him so much money when he needed help. I guess he was just a player who wanted to use me for money, but then he says he loves me and his daughter but I guess actions speak louder in this case which proves opposite. I am just lost. I pray to God to guide me. Thank you so much for your in put in my situation.

        1. The expression, ‘Its complicated’ sums it up. This is why in English we have such an expression. Right now you are in a state of shock. It will take about two years to readjust no matter how this all plays out.

          Why men do not wander
          Men do have this wandering desires. The only real thing in my experience that keeps it in check is religion or unusual devotion the latter being rarer in modern society. Not the go to church now and then but the type that you read the Bible and ask God forgiveness type. I am a guy. We gain power in our 40s because of life experiences and the opportunities we did not have before appear. There is temptation everywhere. Guy in his 40s can get most girls in their 20s if they know what they are doing. Yet, I would not imagine thinking about another woman and I do not think it is OK to look. I love my wife dearly. However, this comes from a lifetime of suffering and asking God for redemption.

          Faith is not an expression but a radical reorientation of ones life.

          I think some men are faithful even without religion. My friend Dave from the UK is like this. It is not even a consideration he would ever think about cheating. I wonder if it is because he has suffered a lifetime of physical pain from an injury. This might have changed him. But just a guy with no real deep physical pain and no desire for redemption, I do not know, too many of the guys I know have cheated.

          I think women think it will work with the idea of romantic love, but it is a risky assumption.

          Life in Eastern Europe
          I lived a good part of my life in Eastern Europe. I know what it is like good and bad. I would have no problem living there. I tell my wife, if we ever earn enough money here in the USA, maybe we will move back. Which sounds ironic but it is not. Life in Eastern Europe is just different not better or worse. It is a more cerebral experience as the weather affect imagination and the way people self actualize themselves.

          So life in Eastern Europe is fine and if you world for the government that is a stable job.

          That being said, the USA does the advantage of the English language for your daughter and an economy which is better in the long run. But life I would not say is better.

          If I personally would rather give my child stability rather than mixed messages from two parents. But I am old fashioned.

          If you never go to the USA and cut off communication then he can not do anything. No court in the world would enforce his right to see his daughter, it was abandonment. I think he would owe money anyway. You do not need both parties consenting in a divorce. I do not know where you were married but in the USA you do not need his permission to get divorced. It happens all the time, one person says I want to split and the other no, but it goes through anyway. It is a simple civil action.

          And it happens anyway by default if one person files and it is not contested as they show up.

          All that being said maybe there is a way to get the marriage to work. I mean I would not say cheating are grounds for divorce. It is not in good taste and morally wrong, but in my book it is not a reason to break up a family. The question is it a one time thing and then a change of heart or he has now a new lover and life and you are not part of that.

          So I do not have the answers. You have to feel your way though this and be patient.

          I know I personally would not go to the USA and forget him if he has no repentance in his heart. Maybe that is hard and I do not believe in divorce but maybe I would take the ignoring position.

          One thing I would do though is talk to a priest. I have done this in the past and they are really good. But they have to be a good one, someone with wisdom as there are a lot of silly priests. I have never regretted doing this as they are trained in advice. I can recommend some in your area if you want.

          Feel free to write me personally via e-mail if you like.

          1. Mark you said everything so right. Right now I am under mental shock and looking for the way out. I do not believe in divorce either. I forgave so much to keep my marriage and make it work. Its just getting hard. This man is loosing his common sense, there is a time when he admits his mistakes and says he done so much wrong but then someone it seems like his is complete another person who does not regret anything. We got married in my country. Right now I can’t go to US because he applied for I-130 Immigration visa for me and there is no way US embassy will grant me for tourist visa until Immigration process is done and I will be granted, so if he will decide to stop this process I will never be allowed in US. Our daughter is dual citizen. My husband asked me to give him $20,000. I had that much because I worked in war zone as a contractor and I had my savings. Today our daughter was admitted to hospital because she spilled cordial water on and burned herself and I tried to contact my husband and of course he would not answer his phone. Later on he text me and was very mean. I told him about situation and asked him to give part of my money back so I can deal with hospital bills. He asked me for doctor’s statement about injury and hots to make sure I was saying the truth. I sent him picture of baby but I could not send him paper work because its not in English and I can’t run between hospital and notary to translate it and prove it. He refused to pay bills. He also said that he done with me and he does not owns me anything. He said we will meet each other in court and he will get 50% custody. Now, I think since he got new affair it seems all pink for him I guess but grass is not greener on the other side. I did not ask him for his money, I am asking my 20000$ that I gave him for family purpose but he refusing pay my money back especially when he knows I can’t go to US and report him. He is not religious but before we got married he pretended he was because he wanted me to like him more because I am very religious and believe in God. I am not sure if he wants a family or not anymore. He threatened me several times before to divorce me but really does not do it, I guess he does not want to spend money. In my country it will take time to divorce him if he is not here. I am thinking to file for child support since he refusing to pay my own money. Mark, no one is perfect in this life but I assure you that I never done anything wrong for this man. He always was asking me to get this or that for him and I always was willing to help. I forgave hundred time his cheating and closed my eyes on it because I want for my daughter have her parents together. We are not in same country so she can see him after divorce. With all my respect to any court I don’t think any court will force me to give him my daughter to take her to US especially to the country where I am not allowed. He can get supervised visitations here in my country. Now he threatens that he will have best lawyers against me. Of course it is easy to do when you own so much money and he will spend my own money against me. Mark, there is co much more I would like to get advice. I am in very horrible situation where he is sending me nasty texts on my cell all night long today. Even after all I still am willing to survive my marriage and work on it just because of my daughter. I don’t want to think that she will be raised without father. He himself was raised without father and he admitted how bad it was and now he does it to our daughter. I think he just lost his mind and I think this happens when man gets new lover. I don’t know where I can find your personal email Mark, or I am just so lost right now I just want to burst in tears and cry so loud but I can’t so I don’t scare my daughter. I just wonder why in the world would man do such pain to his family? I had so many times talk with him, if he wanted any help, or if there is someone else we still can work on it and I was willing to help but he just does not get it Sometimes I have impression he is sick mentally and has double life where he admits wrongs things and other where he thinks I am so bad. I am raising our daughter without his help and support. His mother knows everything and she knows how wrong her son is but she can’t help. Honestly I wish to leave my country and start a new life because mentally it will be very hard for me to deal with the situation (gossip,rumors) about my divorce. I am not mentally ready for it. I don’t have support system here because my parents were against my marriage and now they will never support me without judging and judging is the last thing I want to hear when my heart is torn. Mark, if there is any way to help me morally on how to deal with my situation and how to rule it please give me your personal email so I can tell you details. I appreciate so much for your time because right now I am so sick and have burned baby which he told me that I am bad mother. My mother in law tells me hos good mother I am for my daughter and how I take good care of her, I have baby sitter fr her while I am at work. I spend all my free time with my daughter, I never have my private time. What happened today it was just accident, my daughter was in kitchen with my mother when this happened and I can’t do anything about it. I just don’t know what to do. Sorry this is all over the place but this is exactly how I feel.

          2. Look the main idea here is he is not going to help you and I personally would cut him off and not reply. No court in the world would give him any custody or make your daughter go to the USA, in my non expert opinion.
            To move a child across international boarders is complex on a legal ground.
            I live in the USA now. It is not any easy street, trust me. I made more in Eastern Europe teaching English and I have a Masters Degree from a top school.
            I would not answer his text or e-mails and block them and move on with your life. You will not see the money back but I can assure you, you can make the money back in other ways.
            People say they are religious but a true humble believer would not abandon you, and he did. But I do not have the answer, I am just saying the USA is OK but not easy street, you will face a lot of legal battles and emotional drain, if you come here. There you are safe.
            But again follow your own judgment I do not have any real advice except I am sorry for all you have done through, really.
            You can e-mail on my contact page if you like.

  45. If one is a US citizen, and the child was born in the US, but the mother is Australian, and moved to Australia, after the birth of the baby, does the father have a right to return to the US with the child? If this is not feasible, what would you suggest.

    1. Born in the US equals US citizen, it is a matter of getting a passport, a US passport.

  46. Hi Mark,

    Here is our situation. I am French and the father; my girlfriend is US citizen and the mother. We want to give French and US citizenship to the baby. The situation is that about one month after birth, mother and child will travel to the US without me for three months.

    Our questions are as follows:
    1/ Does it make sense to apply for the baby’s US citizenship right away or can we wait as getting the French passport will be much easier and faster in terms of preparing for the baby’s first international trip? Are there any downsides to putting off this process?

    2/ Is it easier to apply for the baby’s citizenship in the US vs France?

    3/ If my girlfriend travels alone to the US with the baby and the baby has a different last name than hers on the passport (baby will have both of our names hyphenated)will she have trouble entering the US if I’m not there?

    Many thanks,

    1. If the baby enters with a French passport there is a chance the baby might have to go to Canada or something to re-enter as an American, but I doubt it since the baby is a child but nothing major. I think just do what is easier in terms of timing.

      I think things are easier abroad as the US embassy staff is well versed in handling these cases in your country.

      The different names do not matter as long as everything can be proven with birth certificate etc, just bring that with the passport just in case. There should not be a problem.

      These are my best estimates of the situation, you can also do an informational session at the US embassy.

  47. My friend was born in Austria and is living in Africa, he want’s to go back to Austria or the U.S. but lost his birth certificate. Where can he order his birth certificate?

    1. He has to write the town hall in the town he was born. You can order a birth certificate online in some cases but you have to back it up with other forms of ID. He can go to the embassy and they will help him get one. I ordered mine online from the city/state I lived, I had the original in my possession but I had to submit another, to get another passport.

  48. I’m a dutch woman, and my fiance is a US citizen. We are 20 weeks pregnant and living in New Zealand with a work visa for 2 years.
    Being Dutch will make my baby automatically Dutch, But is it possible for the baby to get US citizinship as well?
    The plan is to move to the US after 2 years.

    1. Yes your baby will be a US and Dutch citizen but you will have to do a lot of paperwork for the US citizenship. Should be no problem if your husband lived in the USA as an adult.

  49. I am a US citizen, and I met a Vietnamese girl who is studying in Taipei. Our son was born out of wedlock in Taiwan on Oct 2013. Is it possible for the baby to get US citizenship? What do I have to do to apply for his citizenship. I want him to come to US to live with me in 2 years.

    1. Yes you just have to prove you are the father with DNA and I would get married and not be separated from your wife for any reason, you are a family now.

  50. I am a natural born U.S. Citizen and recently gave birth abroad out of wedlock. Why do we need to undergo DNA testing between the father and child?

    1. If the female is the USA citizen no DNA required as it is clear who the mother is.

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