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godaus · Jan 9, 2013, 11:20 PM

I am a US citizen through my parents. I was born and raised in the UAE, and have never lived in the US. If I marry a US citizen just like me and have a child in the UAE. What citizenship can my child get?

dontknownuthin · Jan 9, 2013, 11:45 PM

Any child born in the US is conferred automatic US citizenship. A child of American citizens is conferred automatic US citizenship no matter where the child is born in the world. I'm sure there would be some paperwork hassles to document the child's parentage and citizenship to get them into the US, as not being born here in the US, they would not have a US birth certificate or passport. I would guess the local US embassy could help in that regard.

Fr_Chuck · Jan 9, 2013, 11:54 PM

You child can be a US citizen if you are a US citizen ( does not matter how you became one)

You would register the child's birth at the US embassy after child is born.

lawanwadee · Jan 9, 2013, 11:58 PM

The child is US citizen. You can report birth of US citizen at the nearest US embassy.

godaus · Jan 11, 2013, 08:00 AM

The problem is - the US Embassy at Dubai insists that my wife or I show 5 years of residency in the US. They need utility bills or tax records, none of which I have. I checked the website of the US Embassy at UAE.

dontknownuthin · Jan 11, 2013, 09:50 AM

Have either of you lived in the US for 5 years or more? If your wife lived in the US and filed taxes, she should be able to obtain copies of her tax records from her tax preparer or if that is not possible, perhaps from the IRS. If she was claimed on her parent's returns, her name and social security number will appear on the returns as their dependent, and she could get five years of their returns.

I would go to the embassy with whatever proof you can muster. For example, your citizenship may well be based on your parent's time in the US, so perhaps they can provide you proof of their births and residency in the US, and your wife can demonstrate her prior residency in the US. I would go in person because when you're in front of people in these situations, it's easier to push a bit with what you have to show.

lawanwadee · Jan 11, 2013, 11:59 AM

This is different situation and the embassy is correct. Either you or your spouse must have been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he/she reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

dontknownuthin · Jan 11, 2013, 12:09 PM

So, lawanwadee, if two Americans live in, for example, the UK for 15 years and have a baby, what would they do? The child should still be considered an American, correct? Do they have to go through a naturalization process for the child? Never heard of this being an issue.

godaus · Jan 17, 2013, 12:23 PM

Thank you guys for your answers so far. Let me add more detail to my situation.
My parents moved back from the US in the late 70s, and so did my wife's parents. I was born in Dubai in 1981 and my wife in 1987. Our situations are very similar. Our passports are issued by the US consulates in Dubai. I believe I have a social security card. But I have not ever filed for US taxes (should I have?). My wife is currently pregnant and due in April this year. I am not eligible for an Emirates passport and neither is my wife or future child. The question is - how do I apply for a US passport for my future child? I don't have the documentation my embassy is asking for.

Fr_Chuck · Jan 17, 2013, 06:11 PM

I think to make it somewhat more simple, why does wife not merely go to the US to give birth, then child is US citizen by fact of birth in the US.

lawanwadee · Jan 17, 2013, 11:06 PM

Under the Child Citizenship Act of 2000, a child under age 18 who has a U.S. citizen grandparent who meets the physical presence requirements may qualify for expeditious naturalization under the Immigration and Nationality Act. Although not entitled to U.S. citizenship at birth, the child can, through this procedure, become a U.S. citizen by naturalization without first having to take up residence in the United States.

However, the child must travel to the United States for the naturalization, and all applications and documentation must be submitted and approved beforehand. Since you mentioned your parents have moved back to Dubai, this may not apply to your child.

You and your wife should return to US and complete the residency requirements.

Franman157933 · Jan 20, 2013, 09:27 PM

You will not get citinship because that law was repeled long ago but if you hade a children then they will be legal

godaus · Jan 25, 2013, 09:09 AM

I do not have the option to travel to the US along with my wife, just to have our child. It's just not possible in our current state.

I can however apply for the child's naturalization later or travel to the US when they are a year old. But my biggest worry is - how do we travel to the US with my child? I don't know what passport to apply for...

newacct · Jan 25, 2013, 01:22 PM

Originally Posted by lawanwadee

This is different situation and the embassy is correct. Either you or your spouse must have been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he/she reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Wait a minute. According to Acquisition of U.S. Citizenship by a Child Born Abroad , since the child's parents in this case are both U.S. citizens in wedlock, all it needs is for one of the parents to have had residence in the U.S. at any point, for the child to have U.S. citizenship.

The rules about 5 years in the U.S. with 2 years after 14, only apply to cases where only one parent is a U.S. citizen.

JudyKayTee · Jan 25, 2013, 03:18 PM

"Wait a minute?"

No problem with disagreeing. No problem with posting another source - but "wait a minute" to a very respected, knowledgeable and long-term member?

lawanwadee · Jan 25, 2013, 04:06 PM

Originally Posted by newacct

Wait a minute. According to Acquisition of U.S. Citizenship by a Child Born Abroad , since the child's parents in this case are both U.S. citizens in wedlock, all it needs is for one of the parents to have had residence in the U.S. at any point, for the child to have U.S. citizenship.

The rules about 5 years in the U.S., with 2 years after 14, only apply to cases where only one parent is a U.S. citizen.

Both grandparents have moved out of US several years ago...