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skindleshanks
Joined: 10 May 2004
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 Posted: Tue Mar 11, 2008 11:28 am Post subject: Entering US with son on different passport |
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| I'm thinking of flying to Minneapolis with my 4-yr old son this summer. My son has a Canadian passport (but was born in Korea) and I have an American passport. Our final destination is in Canada. Might there be problems at immigration? How can I avoid them? Do I need notarized documents from my wife? |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Mar 11, 2008 12:09 pm Post subject: |
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Assuming this is your son and not your stepson, Why don't you go to the US Embassy and file a Report of Birth Abroad of an American Citizen? At the same time, you should be applying for a US passport and Social Security number for your son.
There are some restrictions, though:
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Your child is entitled to U.S. citizenship if s/he has:
- Two U.S. citizen parents, who were married to each other at the time of birth, if one of the parents lived in the U.S. prior to the birth.
- One U.S. citizen and one alien parent who were married to each other at the time of birth, if the U.S. citizen parent was physically present in the U.S. for a minimum of five years before the birth, two years after age 14.
- Special rules apply if only the father is a U.S. citizen and the parents married within six months of the birth (see below).
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This is the "below" referred to:
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If the child's American father is not married to the alien mother, or if he married the mother after the child's birth, or if he married the mother within the months prior to the child�s birth, both parents must submit sworn statements acknowledging that they are the natural parents of the child. These statements must be signed in person by the parents before a consular officer or a designated military official.
If the child's American father is not married to the alien mother, or if he married the mother after the child's birth, or if he married the mother within six months prior to the child�s birth, the U.S. citizen father also must supply the following:
- If he is in the U.S. military service: military orders and a service record extract (signed by an official custodian of service records) showing he was assigned to the country where the mother was residing at the time of conception.
- If he is a civilian: his U.S. passport showing entry and exit stamps, Korean Immigration records, employment records, or other evidence of his presence in the same country as the mother at the time of conception.
Additionally, if the biological parents had been married for less than six months at the time of the child�s birth: the U.S. citizen father must sign a sworn affidavit of paternity (the form is available at the Embassy, military legal offices and on-line). The affidavit must be signed in person by the father before a consular officer or a designated military official.
If the child was born out of wedlock: a sworn affidavit from the U.S. citizen father agreeing to provide financial support until the child reaches the age of 18. (The form is available at the Embassy, military legal offices and on-line). The father must sign the affidavit before a consular officer or a designated military official. This is not required if the parents married each other after the child�s birth or if the child has been legitimated under the laws of the father's place of legal residence in the U.S.
Children Age 15 and Younger: A person applying for a U.S. passport for a child age 15 and younger must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport. Please review the information on the web site before you apply for a passport for a child age 15 and younger. |
Have you taken care of registering your son with Korean Immigration? If not, that's going to be a bit of a shock since you were supposed to do that within 30 days of the child's birth. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Mar 11, 2008 3:14 pm Post subject: Re: Entering US with son on different passport |
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| skindleshanks wrote: |
| I'm thinking of flying to Minneapolis with my 4-yr old son this summer. My son has a Canadian passport (but was born in Korea) and I have an American passport. Our final destination is in Canada. Might there be problems at immigration? How can I avoid them? Do I need notarized documents from my wife? |
There will be no problems about the different citizenships (US and Canadian) and use of the passports but you may want to read this:
http://www.voyage.gc.ca/main/before/consent_letter-en.asp
if you are traveling with your child and not being accompanied by the other parent.
If both parents are traveling with the child there will be no problems.
Like the poster above indicated, I hope the child was properly registered with Korean immigration after the birth and has an F3 stamp in it's passport (and a re-entry permit) or you will have problems when you try to leave /return to Korea.
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skindleshanks
Joined: 10 May 2004
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| Posted: Wed Mar 12, 2008 4:11 am Post subject: |
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My son is not and cannot be an American citizen, as I have never lived in the US. (I became a citizen because my father grew up in Alaska, but he married and settled in Canada.)
My has both Korean and Canadian passports, so there's no problem with Korean immigration here.
I am aware of the consent letter when we enter Canada--would that be sufficient for entering the US?
Also, coming back into Korea, I am assuming there are no problems with me being on an F5 visa and my son on his Korean Visa.
Thank you for the help, though. |
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smurfetta
Joined: 03 Oct 2007
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| Posted: Sun Mar 16, 2008 5:05 pm Post subject: |
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| Do you have a Canadian passport? Maybe, you can fly using that passport if you have it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 16, 2008 8:16 pm Post subject: |
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| skindleshanks wrote: |
| I am aware of the consent letter when we enter Canada--would that be sufficient for entering the US? |
The letter for the Canadian border services is adequate for USCIS/border crossing as well. they are pretty standardized for things like that. |
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skindleshanks
Joined: 10 May 2004
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| Posted: Mon Mar 17, 2008 7:21 am Post subject: |
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| smurfetta wrote: |
| Do you have a Canadian passport? Maybe, you can fly using that passport if you have it. |
Did that once, and I got scolded for not having an American passport--apparently it is illegal for an American citizen to enter the US using a different passport.
Thanks ttompatz, I guess that's the letter I will have with me, then. |
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