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What is the fastest way to bring my non-US citizen wife to the US? Is my Child a citizen if born overseas?

Fairfax, VA |

I'm a naturalized US citizen. I'm currently overseas on a long business trip. I got married to a non-US citizen and we are expecting a baby in 4 months.
My questions are:
1-I am returning to the US in 6 months from now, would it be possible to bring my wife along to the US then start her citizenship application process from there?

2-Do I have to notify the US embassy that my wife is pregnant and we are expecting a baby? Do I have to fill out any paperwork before giving birth?

3-When my child is born, is he a US citizen? What is the process to register the baby at the embassy as a citizen and issue him/her a US birth certificate from the US embassy? Can I obtain a passport for the baby from the embassy?
I greatly appreciate your detailed answer.
Thank you very much for your time.

Attorney Answers 1


  1. 1. Best way is to file the I-130 petition for her now (in the States although some consulates will allow you to file it there) and let her consular process and obtain the green card in whatever country you are in. She has immigrant intent so it would be best for her not to come in on a non immigrant visa. Time frame from filing the spouse petition until issuing the green card could be as fast as 6-9 months depending on what country you are in and other processing issues.
    2. See the attached link for procedures on notifying the consulate after the birth of your baby. Your child is a US citizen.

    Best of luck to you and your family,
    Patrice Dziire
    Law Offices of Patrice Dziire
    Winter Park, Florida
    pdziire@gmail.com
    usimmigrationlaw.justia.net

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