How to expedite IR-1 & get daughter's citizenship

[Black Velvet 4]

My friend filed N-400 (March 2011). Her naturalization interview is August 1st. I have two questions.

(1) Her husband's IR-1 case has been completed at the NVC. Since she is a permanent resident, he has to wait for a visa to become available. Once her naturalization interview is complete, how can she have her husband's case expedited? In other words, her husband will be considered an immediate relative.

(2) Her daughter's 18th birthday is August 29th. As soon as she is approved, is her daughter eligible to apply for a US passport?

Any assistance would be appreciated.

[mex 0]

My friend filed N-400 (March 2011). Her naturalization interview is August 1st. I have two questions.

(1) Her husband's IR-1 case has been completed at the NVC. Since she is a permanent resident, he has to wait for a visa to become available. Once her naturalization interview is complete, how can she have her husband's case expedited? In other words, her husband will be considered an immediate relative.

(2) Her daughter's 18th birthday is August 29th. As soon as she is approved, is her daughter eligible to apply for a US passport?

Any assistance would be appreciated.

On ? #1 Absolutely you are correct

on? #2 was her daughter a permanent resident? okay let us assume.If she made it for the interview,her daughter she will not be a citizen yet.until her mother will take the oath and allegiance before her daughter birthday. once she become a citizen her daughter automatically a citizen also..

[Black Velvet 4]

Thanks for the info. If possible, please answer the first part of the question.

How can she have her husband's case expedited? After she becomes a citizen, should she write the NVC?

[Darnell 8,478]

My friend filed N-400 (March 2011). Her naturalization interview is August 1st. I have two questions.

(1) Her husband's IR-1 case has been completed at the NVC. Since she is a permanent resident, he has to wait for a visa to become available. Once her naturalization interview is complete, how can she have her husband's case expedited? In other words, her husband will be considered an immediate relative.

(2) Her daughter's 18th birthday is August 29th. As soon as she is approved, is her daughter eligible to apply for a US passport?

Any assistance would be appreciated.

1. no, if it's completed at NVC, is no more waiting because of LPR status. Was waiting, prior to NVC intake, but not now, if NVC has completed the NVC intake and paperwork processing. As is, right now, they are in 'regular queue', expect an interview within the next 2 to 3 months. The holding tank occurs during USCIS I-130 approval and NVC 'open the casefile' - so since the paperwork is COMPLETED at NVC, they've already gone through the holding tank. Sorry.

2. where is child ? how to answer the rest depends on her location. did child have IR-2 case in play, or not ?

Edited June 28, 2011 by Darnell

[mikey78 6]

As for Q1: that case was not IR-1 because she was not a citizen at the time when the petition was ajudicated, most likely it was family-based category F2A (spouses of US residents). Once she gets her certificate of naturalization, she would have to make a copy of it and send it to NVC altogether with a request to change the category of her petition. NVC then will adjust the category accordingly and will start processing the file immediately.

Q2: if her daughter is already a US resident she will become a citizen by action of law at the same moment as her mother takes the oath. If the daughter is not a resident, her mother will have to petition for her first and if she is granted an immigrant visa, the first day of her presence in the US she will become a citizen.

[Black Velvet 4]

As for Q1: that case was not IR-1 because she was not a citizen at the time when the petition was ajudicated, most likely it was family-based category F2A (spouses of US residents). Once she gets her certificate of naturalization, she would have to make a copy of it and send it to NVC altogether with a request to change the category of her petition. NVC then will adjust the category accordingly and will start processing the file immediately.

Q2: if her daughter is already a US resident she will become a citizen by action of law at the same moment as her mother takes the oath. If the daughter is not a resident, her mother will have to petition for her first and if she is granted an immigrant visa, the first day of her presence in the US she will become a citizen.

Hi Mikey 78,

Q1: You're right. The case started off as a F2A. I will pass on the information to her.

Q2: Her daughter resides with her in Atlanta, GA. Since the N-400 interview is August 1st, I hope that she has her oath ceremony on the same day. She literally has 18 days after the intervew to get her daughter a US passport. The daughter will turn 18 on August 19th.

[mikey78 6]

Since the N-400 interview is August 1st, I hope that she has her oath ceremony on the same day. She literally has 18 days after the intervew to get her daughter a US passport. The daughter will turn 18 on August 19th.

The mother will become a US citizen only after the oath ceremony (not after the interview). However, some field offices offer an interview and then same day oath ceremony. The wait times between the interview and the oath ceremony vary greatly depending on your location. There is a timeline thread in the US citizenship part of the forum where you can see other people's current timelines. It seems like the mother would have to have her oath on Aug 18th at the latest so that her daughter becomes a citizen.