I’m American with dual Colombian citizenship, I and my girlfriend we’re having a baby. My girlfriend is a Colombia Citizen. Trying to figure out if the baby will qualify for US citizenship if they are born in Colombia?
History of my life:
From 1 year old 1984 to 4 years old 1988 I live in US and born in US
From 4 years 1988 old to 21 2004 years old I live in Colombia I got Colombia citizenship because through my parents
From 21 years old 2004 to 23 years old 2007 I live in US
From 23 years old 2007 to 24 years old 2008 I live in Colombia
From 24 years old 2008 to 33 years old 2016 I live in US
From 33 years old 2016 to 35 years old 2018 I live in Colombia
From 35 years old 2018 to 37 years old 2020 I live in US
From 37 years old 2020 to 40 years old 2023 in Colombia and I live right now
I worked and paid taxes when I was in the US. I didn’t pay any taxes when I was in Colombia because I wasn’t employed there or make any income.
Note: head up some dates are approximate
Thanks for your help in advance!
Have you seen this? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html
Since you are a US citizen, have been in the US for over 5 years, and have been in the US for over 2 years after the age of 14, I think you qualify to pass on US citizenship. See the blurb about “born out of wedlock to a US citizen father and Alien mother”
A person born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father and an alien mother may acquire U.S. citizenship under 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA, if:
A blood relationship between the person and the father is established by clear and convincing evidence.
The father was a U.S. citizen at the time of the person’s birth;
The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years; and
While the person is under the age of 18 years:
the person is legitimated under the law of his/her residence or domicile, or
the father acknowledges paternity of the person in writing under oath, or
the paternity of the person is established by adjudication of a competent court.
If the child was born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father who satisfies the requirements of the “new” INA 309(a) as listed above, the child will acquire U.S. citizenship if the U.S. citizen father was physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, including at least two of which were after turning age 14.
Yes, your child will be born a citizen, as others have pointed out.
If you want to protect their U.S. citizenship, you can find all the information you need to report their birth abroad at the website of the U.S. Embassy in Colombia. (Scroll down and look for the Report Birth section.)
You’ll need documentation proving that you lived in the U.S. for the required period. The website should offer more information about what can be used to prove that. You’ll also need some documents like the Colombian birth certificate and your U.S. passport.
Your history is irrelevant. Your child will have double U.S. and Colombian citizenship as long as you do the paperwork.