If I am a u.s. citizen and my fiance is a canadian and were having a baby

Question

what if the baby is born in canada then I decide I dont want to be with him and go back to u.s. will the baby be allowed to be a u.s. citizen too or not?

Answer 1

Any child of a US citizen is also a US citizen. If the child is born in Canada and the father is Canadian, then s/he will also have Canadian citizenship. If the child has dual citizenship you might still have problems taking them out of the country, so you should consult an immigration layer.

Is there any way you could possibly have the baby in the US, and then come back to Canada with the father? It might make things simpler if you plan on coming back anytime soon...

Answer 2

Yes - as the baby will have dual citizenship.

However - since you ARE having a baby - before you decide you don't want to be with him you need to consider going to marital counseling (even if not married) as there is a baby involved.

Also consider what it will do to the baby having to grow up far away from the father....

Consider the fact that you might get an injunction placed on YOU preventing you from living so far away from him as you would in effect be terminating his parental rights without due process in law.  This happens far more often than you  might think....

Another thing to consider is that a court may deem you less responsible than him - and then you will have opportunity to come back to USA, but without the baby...

Basically what I am saying is this - if he is good enough to father your child - you should seriously staying with him and raising the child in a real family.....it usually is the best choice for all involved over the long haul...and you can't just "know" a court will think child should be with you if you leave the father anyways....

Answer 3

In your situation the child will be eligible for dual citizenship.  There is a bit of paperwork to do and you will have to take the child to the US Consulate after the birth to file for US citizenship.  The child will have a Canadian birth certificate.  

You can file for the Consular Report of Birth Abroad as proof of your child's  US citizenship.  This website will tell you how to apply, what documentation you will need and where to go.  www.amcits.com.

I had to do this for my child.  I am a US citizen married to a Canadian citizen and our son was born in Canada.  Our son is now a dual citizen.  Once your child get the dual citizenship it cannot be taken away due to your marital status or country of residence.  It won't matter where you decide to live.    

Answer 4

umm i'm not sure about that. Maybe.

Answer 5

All children born to US citizens are considered American citizens. Your child will be a US citizen.

You may have issues with Canadian child custody rules though. Since the father is Canadian and you're planning on having the baby in Canada, the father may be able to prevent you from taking the child out of the country. You may need to get his permission before you bring the baby back to the US, even after you get a US passport for your child.