Friend has messed up. What to do

[NigeriaorBust 4,087]

One of Joseph's friends called this morning. He is a Nigerian born US citizen through marriage to USC that ended in divorce. He has a fiance from the same village he grew up in. They have a child together that is now 13. He filed a K1 to bring her here. He didn't file anything for the daughter because someone told him none was needed. The interview was today and they weren't happy with the amount of communication between them. I have not seen the blue slip yet but just was asked what to do. Is there anyway to get the daughter a k3 at this stage ( assuming they can keep the petition at Lagos )

[Minya's wife 24]

Doesn't the child get derivative citizenship based on the naturalization of the father?

[NigeriaorBust 4,087]

The father just got his citizenship 2 years ago, I am not sure how that works my children were all US born. Doesn't the child have to be in the US.

[sachinky 464]

Someone from Nigeria married a USC, became a USC, got divorced and is now petitioning for a fiancee from the same village in Nigeria that he grew up in?

OLDEST trick in the book. Sorry, I don't see that flying. Not in Lagos.

The child will be a K-2 derivative. He/she is not entitled to USC if the father became a USC after their birth. This is my understanding--someone will correct me if this is wrong.

[NigeriaorBust 4,087]

Yeah I know that will be a hard sell at Lagos. The man came to the US years ago and meet/married a black American woman. The relationship didn't work out as long term the man wants to spend part of the year in Nigeria and the ex wife had no interest in going to Africa. While he was there he reunited with the current fiance ( they had a child years ago but her family thought he wasn't of their class and caused enough trouble they parted ) Anyway do to terrible advise from fellow Nigerians he didn't file anything for their daughter and because they used phone cards they don't have the communication records they should.

Edited April 9, 2010 by NigeriaorBust

[Minya's wife 24]

Some adopted and biological children do not qualify for automatic citizenship as stated under Section 320 of the Immigration and Nationality Act. However, U.S. citizen parents may still apply for U.S. citizenship for their adopted children who permanently reside abroad.

Automatic citizenship is not provided for children living outside the United States.

In order for a foreign-born child living outside the United States to acquire citizenship, the U.S. citizen parent must still apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the following requirements:

• The child has at least one U.S. citizen parent (by birth or naturalization);
• The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14-or the U.S. citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
• The child is under 18 years of age;
• The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent or, the U.S. citizen grandparent or legal guardian, if the U.S. citizen parent died.
• The child is temporarily present in the United States-having entered the United States lawfully and maintaining lawful status in the United States; and
• The child must meet the requirements applicable to adopted children under immigration law

If the U.S. citizen parent of the child has died, a U.S. citizen grandparent or legal guardian may apply on behalf of the child within 5 years of the parent's death. (Note: For further information, please see Addition of Citizen Grandparents and Citizen Legal Guardians as Eligible Applicants pursuant to INA 322)

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

If your child has not immigrated to the United States (does not have a "green card"), and lives abroad, you should submit:

• Photographs of your child,
• Fee,
• Your child's birth certificate,
• Your birth certificate or naturalization certificate,
• Your marriage certificate (if applicable),
• Evidence of termination of previous marriages (if applicable),
• Evidence of a full and final adoption (if applicable),
• Evidence of all legal name changes (if applicable), and
• Form N-600K.

You can apply for evidence of citizenship by filing form Form N-600K (Application for Citizenship and Issuance of Certificate Under Section 322) at any USCIS District Office or Sub-Office in the United States. If you are filing on behalf of an adopted minor child, the fee is $145 (all other applicants must pay $185).

If filing for a child who lives abroad, you may file the Form N-600K at any USCIS District Office or Sub-Office in the United States. You and your child will need to travel to the United States to complete this application process.

Link

[NigeriaorBust 4,087]

Thanks I will pass this along

[Lucky couple 1]

Someone from Nigeria married a USC, became a USC, got divorced and is now petitioning for a fiancee from the same village in Nigeria that he grew up in?

OLDEST trick in the book. Sorry, I don't see that flying. Not in Lagos.

The child will be a K-2 derivative. He/she is not entitled to USC if the father became a USC after their birth. This is my understanding--someone will correct me if this is wrong.

What do u mean"oldest trick in the book?" The fact that a Nigerian married a USC and eventually also became a citizen and the marriage did not workout does not always mean there is something "funny" going on. This guy may have genuine reasons for break up with his USC wife. He may also have a genuine new relationship with his x fiance or girlfriend and wants to be with his kid and woman. whats so bad about this? its not every Nigerian that is fraudulent and I would like to educate u on this.

[sachinky 464]

No need to educate me on this or anything else for that matter.

Lagos is THE highest fraud consulate. Even Nigerians going through this are well aware of it and are adequately prepared. If they aren't, then they're in for a huge shock.

Like I said, OLDEST trick in the book a.k.a classic, text-book fraud case. Marry a USC woman, gain citizenship and then petition for your old wife/fiance/girlfriend from the same village you grew up in with whom you conveniently had a kid with prior to your first marriage. You're deluding yourself if you think a CO is likely to approve such a visa.

Things that would be deemed okay in other parts of the world or might just work, do not and will NOT fly in Lagos, thanks to the large number of fraud cases coming out of that consulate.

Stick around here and read some. You'll soon see what I'm talking about.

Edited April 12, 2010 by sachinky