If anyone at all could help / advise me on the afore mentioned matter I
would be very grateful, lots of people seem to have read my post dated
31st August, but none have added anything to it, whilst a hypothetical
question written about birth in international waters seems to have
gotten a great deal of advice, I really need some asssitance as we are
planning to go to the States very soon. Thanks in advance.



Allison


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"Allison" wrote:
If anyone at all could help / advise me on the afore- mentioned matter I would be very grateful, lots of people seem to have read my post dated 31st August, but none have added anything to it . . . .

If I found the right posting, you asked a few weeks ago about a
situation in which your child might (or might not) have a birth
claim to US citizenship -- but, for the moment, and pending your
possibly being able to provide more documentation, US officials
have taken the position that your child is NOT a US citizen.

I would assume (someone please correct me if I'm mistaken) that
in such a case, there wouldn't be any major problem with your
child travelling with you to the US on a British (as opposed to
a US) passport.

First of all, as you said, US officials have currently said your
child has "no claim to US citizenship", pending possible extra
documentation from you.

Second, since both you and your partner are British citizens,
I would think it's probably unlikely that anyone would even
notice that your child might potentially have a claim to US
citizenship.

Now, you said that your partner turns out to have US citizenship
by birth because he was born to an American father who had spent
enough time in the US. But since it sounds like he hasn't filed
any application yet to get a US passport (problems getting all
the necessary supporting documentation, needing to contact his
father, etc.), I seriously doubt anyone would give your partner
any sort of trouble if HE were to travel to the US with a British
(instead of US) passport.

I imagine it wouldn't hurt for you to bring along copies of any
documents you got from the US embassy officials when you travel,
but don't pull them out unless you're explicitly asked about your
status. That is, if you say "we're all British citizens, and
here are our British passports", and the US immigration people
say "but aren't some of you also US citizens? where are your US
passports?", THEN you could start pulling out other documents to
show that no one in your family has in fact been officially recog-
nized yet as a US citizen. But ONLY if the question comes up; I
don't believe there's any necessity at all for you to be the first
ones to mention it.

I realize the above doesn't address all the issues you brought
up in your posting (such as how to go about getting all of the
necessary documents, or whether your child may be able to get US
citizenship via the Child Citizenship Act of 2000), but I hope
it's a reasonable start.

You may want to try posting your questions again -- but this
time, try making your specific questions stand out from the rest
of your narrative account of everything that happened. I imagine
one reason why no one replied to your original posting may be
that readers were overwhelmed by all the details of your story.
You might try stating your questions first, and then fleshing out
the situation with details after you've indicated what you're
trying to find answers to.

Rich Wales richw@richw.org http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

Thank you for replying.



We have postponed our trip to the States in the hope that we can clarify
this before we go.

My Partner is a US Citizen this is the problem, he travels to the US on
an American Passport, the baby has his surname so it would probably be
noted that they were parent and child.



As of yet we have had no indication from the US Embassy of any letter
advising us of no claim to citizenship. They said it would take 3 weeks
that was 5 weeks ago...



He was only a US Citizen at Birth - neither of his parents are British,
he gained British Citizenship via residency, he has more than five
years US residency but doesn't have documentation to prove it. 4 years
9months as a dependant of the US Forces (before age 14) and about 3
years after fourteen from extended holidays to the States.



The problem is they have only stamped his passports a couple of times so
he has no other proof, as we have thrown away all flight tickets
thinking we wouldn't need them!!!



I have read we may be able to apply for expeditous naturalization via
the US citizen grandparent. We have proof that his father had the 5
years residency because he met the 10 year residency criteria for my
partners birth registration, we know he is still alive and a US citizen,
but it said something about the baby being legitimized which I was
unsure as to whether that meant us getting married or just a Parental
Responsibility agreement.



We have already signed all the forms at the US embassy for him to
declare paternity and me agreeing that he is the natural father etc,
etc.



Just a bit unsure what to do next.



If we turn up at a US POE with him US citizen, baby with his surname
UK citizen and me UK citizen will they turn us away, fine us, let us
in but not let him and the baby leave until they get a US Passport
for the baby.



Should we fill out the N-600K form and send it off and wait until we get
notification?

If so does anyone know the best BCIS office to send this form to for
the quickest return???



I mean it is just for a holiday to visit my family, some friends and
possibly his father???



Maybe we should just go to Spain :)



thanks in advance



Lal


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