# Children of US citizen



## ysabelle31 (Feb 7, 2012)

Hi all! I've done some research into this, but im still confused, so im hoping someone can explain the right(ish) way to do this or confirm that I got it right. 
Im a dual citizen (US and UK). My husband is a UK citizen. My company here in the UK is transferring me over to one of our US offices in September. Much to their delight, I obviously don't need a visa. However, my husband will. We also have two girls. I thought that I just report the birth of my daughters (4 and 2) and get them US passports at the embassy in london. However, it would seem not. I lived in the US from birth til I was 11. On the embassy website, it says for children to be able to claim citizenship, the US citizen parent has to have spent a couple of the min years residency in the US, AFTER your 14th birthday. Well, I haven't done that  Plenty of vacations, family, etc but thats it. 
Now, I'm filing an I-130 for my husband. Am I right in thinking that I now have to file another I-130 each for my daughters and then once my daughters have their visas, they can go into the US permanently and then as a result of the child citizenship act, they automatically become US citizens once they cross US borders? 
Does this seem correct or have I got it wrong? 

Many thanks in advance for any help/advice!


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## Bevdeforges (Nov 16, 2007)

You need to contact either one of the FAWCO groups in the UK, or possible the US expat group called AARO in Paris. There is a weird loophole for the kids in the situation you describe. IIRC, there is a way that the children's grandparents can pass on their US nationality (though I suspect it takes a bit of time), and there is supposed to be a way where the kids enter the US on a regular VWP, but because of their American parent, they become US citizens once they cross the US border. (It may be the case that you have to file the I-130 for the kids, but in any event, they do become citizens on arrival in the US.)

The consulate should be well aware of this "loophole" but if they can't give you guidance on it, check with one of the American expat groups for details.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bev - we had a poster on Cypres in a similar position last year but I cannot find her. Grandparents are a potential but only if parents are deceased.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> Bev - we had a poster on Cypres in a similar position last year but I cannot find her. Grandparents are a potential but only if parents are deceased.


Maybe it has changed, but I know someone who lobbied long and hard for the ability for grandparents to transmit their US citizenship to the grandkids. When the law came through, she was the first one to do so as her son hadn't lived in the US at all and couldn't pass on his nationality. 

This document might help: http://aaweparis.org/pages/pdf/Citizenship_2008.pdf It's a fact sheet put out by the US expat groups AARO, AAWE and FAWCO and I see it mentions both the "automatic" citizenship for a child with an American parent on coming to the US and the ability of grandparents to transmit citizenship through naturalization.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> Maybe it has changed, but I know someone who lobbied long and hard for the ability for grandparents to transmit their US citizenship to the grandkids. When the law came through, she was the first one to do so as her son hadn't lived in the US at all and couldn't pass on his nationality.
> 
> This document might help: http://aaweparis.org/pages/pdf/Citizenship_2008.pdf It's a fact sheet put out by the US expat groups AARO, AAWE and FAWCO and I see it mentions both the "automatic" citizenship for a child with an American parent on coming to the US and the ability of grandparents to transmit citizenship through naturalization.
> Cheers,
> Bev


My sources may have been wrong. May I share the fact sheet?


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## Bevdeforges (Nov 16, 2007)

twostep said:


> My sources may have been wrong. May I share the fact sheet?


Be my guest. It's available on the Internet - and if need be I could contact one or more of the organizations who have published it.
Cheers,
Bev


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## ysabelle31 (Feb 7, 2012)

thanks a lot for your help both. I'll have more of a read and I'll let you know how I get on. 

Cheers

Liz


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## Dickey (Jan 23, 2012)

Surely its best to keep your kids as UK citizens as they get the NHS cover inc. dental, you could just fly back if its a serious matter.

I am coming to the states in July and are dreading the health insurance thing as nearly all on here say its a rip off and crap cover...scary.


Dickey


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## Bevdeforges (Nov 16, 2007)

Dickey said:


> Surely its best to keep your kids as UK citizens as they get the NHS cover inc. dental, you could just fly back if its a serious matter.
> 
> I am coming to the states in July and are dreading the health insurance thing as nearly all on here say its a rip off and crap cover...scary.
> 
> ...


The kids won't lose their UK citizenship by taking US. But they do lose NHS cover if they are resident outside the UK. You can't just fly them back to the UK for care.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Dickey said:


> Surely its best to keep your kids as UK citizens as they get the NHS cover inc. dental, you could just fly back if its a serious matter.
> 
> I am coming to the states in July and are dreading the health insurance thing as nearly all on here say its a rip off and crap cover...scary.
> 
> ...


The kids will not loose their UK citizenship. LOL - there is no pond hopping for medical treatment.

Well, accepting what anonymous posters (some unfortunately with an agenda) have to say and spreading this as fact so to say - do some research on this topic for your individual circumstances. You cannot generalize health care coverage.


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## Lu29 (Nov 28, 2011)

HI,
Does the child have to enter with a green card? Or as a visitor?
Thanks


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## nyclon (Apr 3, 2011)

Lu29 said:


> HI,
> Does the child have to enter with a green card? Or as a visitor?
> Thanks


You need to be a little more specific about the circumstances.


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## Lu29 (Nov 28, 2011)

nyclon said:


> You need to be a little more specific about the circumstances.


Sorry, I am British, with Green card, Husband and two children dual citizens (UK & USA), youngest is british only so far. If we were to move back to the US would we have to have a green card for the baby or would she be allowed in on british passport and then we claim for her citizenship once in the US?
Thank you


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## nyclon (Apr 3, 2011)

Lu29 said:


> Sorry, I am British, with Green card, Husband and two children dual citizens (UK & USA), youngest is british only so far. If we were to move back to the US would we have to have a green card for the baby or would she be allowed in on british passport and then we claim for her citizenship once in the US?
> Thank you


If your husband has passed on US citizenship to the children (look at the State Department website) then the children are US citizens and they must enter the US on US passports.


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## Davis1 (Feb 20, 2009)

Lu29 said:


> Sorry, I am British, with Green card, Husband and two children dual citizens (UK & USA), youngest is british only so far. If we were to move back to the US would we have to have a green card for the baby or would she be allowed in on british passport and then we claim for her citizenship once in the US?
> Thank you


register the birth at the US consulate and get a 
US passport


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## Lu29 (Nov 28, 2011)

Yes we did that for our 2nd child but my husband is working in the USA already and he is the one who has to present her at the embassy.


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## nyclon (Apr 3, 2011)

Lu29 said:


> Yes we did that for our 2nd child but my husband is working in the USA already and he is the one who has to present her at the embassy.


As per this link to the US Embassy in London, since the US parent is not in the country, you need to contact the Embassy.

Children Born in the UK to U.S. Parents | Embassy of the United States London, UK


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## Lu29 (Nov 28, 2011)

Thank you for the link, they are sending forms and instructions in the post.


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## nyclon (Apr 3, 2011)

Lu29 said:


> Thank you for the link, they are sending forms and instructions in the post.


Your welcome. Good luck.


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