procedure for US Citizenship for my children and myself

Aug 19, 2015
10
0
0
I am a Dominican living in Santo Domingo and I just came back from NYC ( B1 VISA) where I got married to my now husband who is a naturalized US Citizen.

We have two children who were both born in Santo Domingo and they are not US Citizens because my husband never completed the procedure for them.

What is the quickest and easiest way for us (myself and children) to get to the States legally. Where to I begin?
 
Aug 19, 2015
10
0
0
Thank you or responding and providing the website.....I need help and I have come to the actualization that I need an Attorney but I cannot afford one at this time. This is all very confusing for me BECAUSE ACCORDING TO THE website I am not eligiblebecause I am not a permanent resident of the U.S. SEE BELOW:

Naturalization Eligibility Worksheet
1. I am at least 18 years old.

2. I am a Permanent Resident of the United States, and I have been issued a Permanent Resident Card (formerly called Alien Registration Card).3. I have been a Permanent Resident for:You are not eligible to apply for naturalization.
 
Aug 19, 2015
10
0
0
Thanks......My husband is the biological father of our two children. I see that the procedure for my children is different and I should have clarified that I just wanted the legal right to be in the United States and not under a B1 VISA but through my marriage to my husband wherein I thought I could get the residency first and then down the line get the citizenship. I hope my English is clear ........Thanks for responding and referring the website.
 

JLA1125

Member
Aug 14, 2013
183
0
16
64
I am a Dominican living in Santo Domingo and I just came back from NYC ( B1 VISA) where I got married to my now husband who is a naturalized US Citizen.

We have two children who were both born in Santo Domingo and they are not US Citizens because my husband never completed the procedure for them.

What is the quickest and easiest way for us (myself and children) to get to the States legally. Where to I begin?

First of all, was your husband a naturalized U.S. citizen at the time your children were born? If so, then his children most likely already acquired U.S. citizenship at birth.
 

AnnaC

Gold
Jan 2, 2002
16,050
418
83
Yes my husband was a US Citizen at the time of the birth of both of our children. They do not acquire citizenship automatically and/or immediately at birth and there is a process ( http://www.uscis.gov/us-citizenship/citizenship-through-parents) that was not completed. Since then I married my husband in the States so should I go through the process described in the above website for my children and if so then what about me.

You haven't mentioned where your husband is DR or US. He has to sponsor you to come to the US or as they call it there submit a petition. You must immigrate in order to have legal residency. He should be doing this

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/petition/file.html

Here's another link for you http://santodomingo.usembassy.gov/immigrant_visas.html

Also check out Bob's link aove
 
Last edited:

JLA1125

Member
Aug 14, 2013
183
0
16
64
Yes my husband was a US Citizen at the time of the birth of both of our children. They do not acquire citizenship automatically and/or immediately at birth and there is a process ( http://www.uscis.gov/us-citizenship/citizenship-through-parents) that was not completed. Since then I married my husband in the States so should I go through the process described in the above website for my children and if so then what about me.

In all likelihood, your husband was not able to complete the process for his children because he didn't meet the requirements of section 309 of the Immigration and Nationality Act (acquisition of U.S. citizenship for children born out of wedlock).

One of the following criteria is met before the child reaches 18 years of age:​

The child is legitimated under the law of his or her residence or domicile;​

The father acknowledges in writing and under oath the paternity of the child; or​

The paternity of the child is established by adjudication of a competent court.​

Under section 309, one of the above three conditions has to exist before acquiring U.S. citizenship. However, now that your husband has married the children's biological mother prior to their 18th birthday, the first condition (legitimation) has been met. (The Department of State and the USCIS always considers the subsequent marriage of both biological parents of a child under 18 as an act of legitimation.) Because your husband is a naturalized citizen, he will already have the five years U.S. residence to meet the requirements of section 301. (Five years U.S. residence is a requirement to become a naturalized U.S. citizen.)

He should be able to complete the process now. If the children are in the DR then the best way is to file an Application for Consular Report of Birth Abroad of a U.S. Citizen.

One other thing. If your husband is not listed on the children's birth certificates, then , in all likelihood, the U.S. Embassy is going to want to see a court-admissible DNA test. There are plenty of companies that will do one for you though.
 
Aug 19, 2015
10
0
0
Someone told me to join this site to get information and sound advice and I am appreciative of all of the responses and referred websites. I will share with you that my husband is a good man but how do you say in English ........lackadaisical......Wow I must have spelled it right because spellcheck did not correct me..........Sorry to get away from the subject but I am getting excited because I feel I am getting steered in the right direction.

My husband lives in New York City and he is listed on both of our children's birth certificate and will sign any affidavit or submit to any DNA TEST. My main concern is my children and so I opened up the link to http://www.state.gov/documents/organization/156216. Consular report of birth abroad and understand most if not all but this is specifically for children so what about my status from visitor to resident?
 
Aug 19, 2015
10
0
0
Someone told me to join this site to get information and sound advice and I am appreciative of all of the responses and referred websites. I will share with you that my husband is a good man but how do you say in English ........lackadaisical......Wow, I must have spelled it right because spellcheck did not correct me..........Sorry to get away from the subject but I am getting excited because I feel I am getting steered in the right direction. Again thanks for the responses......

My husband lives in New York City and he is listed on both of our children's birth certificate and will sign any affidavit or submit to any DNA TEST. My main concern is my children and so I opened up the link to http://www.state.gov/documents/organization/156216. Consular report of birth abroad and understand most if not all but this is specifically for children so what about my status from visitor to resident?
 

JLA1125

Member
Aug 14, 2013
183
0
16
64
Someone told me to join this site to get information and sound advice and I am appreciative of all of the responses and referred websites. I will share with you that my husband is a good man but how do you say in English ........lackadaisical......Wow I must have spelled it right because spellcheck did not correct me..........Sorry to get away from the subject but I am getting excited because I feel I am getting steered in the right direction.

My husband lives in New York City and he is listed on both of our children's birth certificate and will sign any affidavit or submit to any DNA TEST. My main concern is my children and so I opened up the link to http://www.state.gov/documents/organization/156216. Consular report of birth abroad and understand most if not all but this is specifically for children so what about my status from visitor to resident?

If he is already listed on the children's birth certificates and the birth certificates are not delayed or amended and the births were registered timely (usually within two to three weeks of the birth), then he won't need the DNA test.
 

JLA1125

Member
Aug 14, 2013
183
0
16
64
Someone told me to join this site to get information and sound advice and I am appreciative of all of the responses and referred websites. I will share with you that my husband is a good man but how do you say in English ........lackadaisical......Wow, I must have spelled it right because spellcheck did not correct me..........Sorry to get away from the subject but I am getting excited because I feel I am getting steered in the right direction. Again thanks for the responses......

My husband lives in New York City and he is listed on both of our children's birth certificate and will sign any affidavit or submit to any DNA TEST. My main concern is my children and so I opened up the link to http://www.state.gov/documents/organization/156216. Consular report of birth abroad and understand most if not all but this is specifically for children so what about my status from visitor to resident?

As far as your permanent residence the process will be:

1. Your husband files a Form I-130 with the USCIS.

2. Once the I-130 is approved, you file for an immigrant visa with the U.S. Embassy in Santo Domingo.

3. Once your immigrant visa is approved you will become a lawful permanent resident when you're admitted to the U.S. with your immigrant visa by CBP.

The process will take several months, but based on what you've posted, it looks like a pretty straight forward case to adjudicate.
 
Aug 19, 2015
10
0
0
JLA1125

Words can't express my thanks for your direction and I literally just joined and don't want to get into trouble or not follow any possible rules but the only thing I can think of showing your appreciation is sending you a month long pass to a franchise gym which I work at and (oro's) and has locations throughout the country......Let me know and I can scan and send same as an email attachment.
 

JLA1125

Member
Aug 14, 2013
183
0
16
64
JLA1125

Words can't express my thanks for your direction and I literally just joined and don't want to get into trouble or not follow any possible rules but the only thing I can think of showing your appreciation is sending you a month long pass to a franchise gym which I work at and (oro's) and has locations throughout the country......Let me know and I can scan and send same as an email attachment.

Thank you. I'll send you a private message.
 

wuarhat

I am a out of touch hippie.
Nov 13, 2006
1,378
89
48
I remember when my wife immigrated I had to submit an Affidavit of Support (I-864) and several years (I think three.) of tax returns which had to satisfy them that I was capable of producing income enough to support her. Another thing to think about is that if you are married for two years before immigrating you may be eligible to naturalize sooner and your residence may not need to be renewed as soon. Whether this is important depends on the individual situation.
 

AZB

Platinum
Jan 2, 2002
12,290
519
113
didn't read the whole thread but here is what i know.
If the husband is US citizen and he is the biological father of the kids then he must be living in USA for a minimum of 5 years (full time). He would have to prove it through college transcript, work papers, apartment contract or even tax returns etc. you do not need a lawyer and the process is straight forward. if the husband does not live with you then you would be subjected to DNA test for both kids. It's best if he starts the citizenship process for the kids. he has to have his name on acta nacimiento in dominican republic. Which means, he has to declare them as his kids in dominican republic. you will be asked to show pictures of both of you together, from pregnancy till current stage of your relationship and pictures of kids growing up at various times in this relationship. .
The process is simple and papers are easily filled. I have done this for my kid and didn't need any legal help from anyone.
AZB
 

AZB

Platinum
Jan 2, 2002
12,290
519
113
by the way, the mom of my kid is not married to me and she is dominican. so she had little to do with the citizenship process. I was the one who transferred the citizenship to him because I am a USA national. So even if you are on B1 / B2 visa or resident of USA, that has little weight in the process, the father of the child is US citizen, he will consummate the process.
The process is simple and look at it as if he is doing the paperwork, not you. american dad is declaring his dominican born kids to US embassy.
AZB