American citizen married to a Canadian citizen

[joanth21]

I am an American citizen married to a Canadian citizen. We both live in canada and are planning on having a baby soon. Will the baby automatically get dual citizenship? Can we choose his nationality? need some help on this. Also, where can I find more information about this topic.

thanks.

 

[frege]

I am an American citizen married to a Canadian citizen. We both live in canada and are planning on having a baby soon. Will the baby automatically get dual citizenship? Can we choose his nationality? need some help on this. Also, where can I find more information about this topic.

thanks.

If you've been present in the U.S. for at least five years, including at least two after the age of 14, then the baby will be American. To do this calculation, you add up the total number of days you've been on U.S. soil in your lifetime.

http://montreal.usconsulate.gov/service/qualifying-for-u.s.-citizenship

If the baby is born in Canada, he or she will be a Canadian citizen. If outside Canada, then it's more complicated. Even if the baby is Canadian in that case, they won't be able to pass on their citizenship.

 

[margobear96]

If the baby is born in Canada, he/she will automatically be Canadian. However, the US citizenship is not automatic. If you meet the basic requirement set forth by frege, you (or your child) will have until your child turns 18 year old to get US citizen for him/her. You can either get a consular report of birth abroad or a US passport for the baby (or both -- the consular report is like a birth certificate and doesn't expire, unlike the passport).

Google your local US consulate (Toronto, Montreal, Vancouver, etc.) for information on getting a consular report (you usually need an appointment, applications filled out, etc.) and the State Department for forms. Alternatively, you can apply directly for a US passport the next time you're in the US.

I have two Canadian-born kids and plan on getting consular reports of birth abroad for them at some point (it's ridiculously difficult getting appointments at my local US consulate). So can't be more specific about the process.

BTW, I'm sure you're already aware since you're a US citizen, but US tax obligations come with US citizen (i.e., the US is one of only a few countries with worldwide taxation). Not too much of an issue in Canada, which has a higher tax rate, but if your kid decides to say move to Hong Kong in future, it may be a concern.

 

[frege]

However, the US citizenship is not automatic. If you meet the basic requirement set forth by frege, you (or your child) will have until your child turns 18 year old to get US citizen for him/her.

I disagree with this statement. There is absolutely nothing about doing anything before the age of 18. The citizenship is automatic - there's no choice in the matter. The only thing is that if you don't get a consular report of birth abroad, then as time goes on, it may become more and more difficult to prove your five years' presence (proof of your previous residence in the U.S., basically). So the kid will be a U.S. citizen no matter what, but if you never do anything about it, they may have a hard time proving it later when they need it.

 

[margobear96]

I can't post links. Look on greencardlawyers.com. They have a handy chart.

Frege is right. The before 18 years old thing is if you don't have the requisite time in the US and citizenship has to be derived from a grandparent. That said, better to have the paperwork done sooner rather than later. I was on another message board for US citizenship and some poor guy was in a pickle because he couldn't prove his US citizenship. Mind you he had an expired US passport, but that wasn't good enough for his job that required some level of security clearance. (He didn't have a consular report or a naturalization certificate.)

 

[blueangel371115]

i also have a question here. What ifI have dual citizenship? I am also from the US and I plan on having dual citizenship. I'd like my kids to also. Is that possibie? How complicated would that be. They would be born in Canada as I will be on my husband's insurance policy through his work.

 

[parker24]

i also have a question here. What ifI have dual citizenship? I am also from the US and I plan on having dual citizenship. I'd like my kids to also. Is that possibie? How complicated would that be. They would be born in Canada as I will be on my husband's insurance policy through his work.

The same rules apply. Doesn't matter if you're a dual or if you're a single citizenship holder. Your children will automatically be Canadian Citizens. Should they want to be American citizens, they will have to apply for it at a later date.

 

[frege]

i also have a question here. What ifI have dual citizenship? I am also from the US and I plan on having dual citizenship. I'd like my kids to also. Is that possibie? How complicated would that be. They would be born in Canada as I will be on my husband's insurance policy through his work.

Could you clarify your question?

I will make a few assumptions. Tell me if they're correct.

Your husband is a Canadian citizen, born in Canada. You are a U.S. citizen and lived there for many years. You are considering becoming a naturalized Canadian. You don't yet have kids. You think your kids will be born in Canada. Is that correct?

By the way, if you don't have provincial health coverage because you're not a PR yet, don't expect your husband's insurance to cover you if he works in Canada, unless it's an unusually generous plan. Spousal benefits are almost always based on the premise that you're a resident with provincial coverage, so they only cover things *in addition to* basic medical care.

 

[frege]

I can't post links. Look on greencardlawyers.com. They have a handy chart.

Frege is right. The before 18 years old thing is if you don't have the requisite time in the US and citizenship has to be derived from a grandparent. That said, better to have the paperwork done sooner rather than later. I was on another message board for US citizenship and some poor guy was in a pickle because he couldn't prove his US citizenship. Mind you he had an expired US passport, but that wasn't good enough for his job that required some level of security clearance. (He didn't have a consular report or a naturalization certificate.)

The only thing I know about the age of 18 being significant is that the Consular Report of Birth Abroad can't be issued after that age. So if your child needs to prove their U.S. citizenship when they're an adult, you or your child will need to dig up proof you lived in the U.S. for at least five years before the child's birth - employment records, school records, leases, etc., and use this to apply for a certificate of citizenship. For most people it's much better to do this when the child is born.