Adjustment of Status, IR-2?

[puckbunnie25 0]

I'm not sure under which heading this topic will go, but please help!

I went through a lot of trouble to claim my American citizenship. I'm Canadian and became dual when I tracked down my fathers hertiage. I was able to move from Canada to the USA to marry in August 2005. Both my husband and I are American Citizens.

My children however, are Canadian. They entered as temporary residents, and very soon I have to apply to remove their conditions and give them their perminant residence. I believe that the government at the border said we would be SENT information in the mail so we could remove the conditions... but nothing has arrived yet. It is still just over two months away before the year is up.

Does anyone know? Will we get information in the mail regarding the IR-2 and Removal of Conditions? Do we need to go to offices to file this paperwork?

The kids will be taking a vacation in Canada for 2-3 weeks in the summer and I need to make sure we can straighten this all out before hand.

Any feedback is helpful!!!

[raymaga 25]

If you are saying that your children have their "conditional" Green Card, then they must apply to remove the conditions three months before the 2 year anniversary of their conditional GC. You use form I-751 to do this. Go onto the USCIS website, forms section, and you will be able to download the actual form and the instructions.

I have never heard about USCIS mailing you applications. Applying for anything is usually up to the individual requiring either the visa or change of status.

If I am incorrect, as I am not familiar with the IR-2, someone else here on VJ will correct me.

Good luck.

[zyggy 9]

If you are saying that your children have their "conditional" Green Card, then they must apply to remove the conditions three months before the 2 year anniversary of their conditional GC. You use form I-751 to do this. Go onto the USCIS website, forms section, and you will be able to download the actual form and the instructions.

I have never heard about USCIS mailing you applications. Applying for anything is usually up to the individual requiring either the visa or change of status.

If I am incorrect, as I am not familiar with the IR-2, someone else here on VJ will correct me.

Good luck.

If both you and your husband are US CItizens, your children may be US Citizens as well. Have you looked into this avenue... you need to give us more details about your citizenships to be able to help you further...

[meauxna 15]

I'm not sure under which heading this topic will go, but please help!

I went through a lot of trouble to claim my American citizenship. I'm Canadian and became dual when I tracked down my fathers hertiage. I was able to move from Canada to the USA to marry in August 2005. Both my husband and I are American Citizens.

My children however, are Canadian. They entered as temporary residents, and very soon I have to apply to remove their conditions and give them their perminant residence. I believe that the government at the border said we would be SENT information in the mail so we could remove the conditions... but nothing has arrived yet. It is still just over two months away before the year is up.

Does anyone know? Will we get information in the mail regarding the IR-2 and Removal of Conditions? Do we need to go to offices to file this paperwork?

The kids will be taking a vacation in Canada for 2-3 weeks in the summer and I need to make sure we can straighten this all out before hand.

Any feedback is helpful!!!

Hi Rebecca,

The terms you are using are confusing; can you clarify some things?

What visa did your children enter the US with? Did they go to Montreal for an Immigrant Visa?

Are you sure they did not become US citizens as soon as the crossed?

Conditional status last for TWO years not one.

Passport stamps on Immigrant Visas are valid for one year. Did they ever receive Green Cards in the mail?

USCIS will NOT mail you any reminder about filing I-751 (not sure why you would file this, either).

In the pinned post of the Citizenship Forum here, you'll find all the links to the info on US citizenship, including info for children.

I understand that you could not transmit US citizenship to your children (don't meet the physical presence test), but they may be USCs now. If you don't gain any understanding from reading the CCA, please post back, and consider hiring a lawyer for a meeting or two.

[puckbunnie25 0]

It's confusing for me too!

I went to Montreal, I was filing a K1 and doing the whole process. When I arrived they told me I was American. Homeland Security didn't notice that peice of info on my initial application and we quickly grasped I'd wasted thousands of dollars and many months for nothing.

I had to apply to get my American passport... but since I'd gone to Montreal and went through a whole lot of trouble for nothing, they processed my kids entry visas on the spot, which was considerate of them. They are valid for one year. They are "IR2" Visas, it says, "Upon Endorsement, Serves as Temporary I-551 Evidencing Perminant Residence for 1 Year."

To claim American citizenship, I had to proove my father lived in the USA for 10 particular years, I don't think I was allowed to claim my children under that. I was told to use the IR2 for entry, which I did, on July 26, 2005. They told me I had to lift the conditions of the IR2 so I could continue with the perminant residence for my children, they would get their green card and citizenship.

Both my husband and I recall on two occasions, being given the directive that we'll get documents in the mail at the end of the year that we fill out and return. I guess I'm just searching for some type of confirmation on this... I'd hate to wait by the mailbox and find nothing has been sent. I'll go to the Immigration offices, only if I really have to. Visa Journey has always been helpful.

[meauxna 15]

It's confusing for me too!

I went to Montreal, I was filing a K1 and doing the whole process. When I arrived they told me I was American. Homeland Security didn't notice that peice of info on my initial application and we quickly grasped I'd wasted thousands of dollars and many months for nothing.

I had to apply to get my American passport... but since I'd gone to Montreal and went through a whole lot of trouble for nothing, they processed my kids entry visas on the spot, which was considerate of them. They are valid for one year. They are "IR2" Visas, it says, "Upon Endorsement, Serves as Temporary I-551 Evidencing Perminant Residence for 1 Year."

To claim American citizenship, I had to proove my father lived in the USA for 10 particular years, I don't think I was allowed to claim my children under that. I was told to use the IR2 for entry, which I did, on July 26, 2005. They told me I had to lift the conditions of the IR2 so I could continue with the perminant residence for my children, they would get their green card and citizenship.

Both my husband and I recall on two occasions, being given the directive that we'll get documents in the mail at the end of the year that we fill out and return. I guess I'm just searching for some type of confirmation on this... I'd hate to wait by the mailbox and find nothing has been sent. I'll go to the Immigration offices, only if I really have to. Visa Journey has always been helpful.

hi Rebecca,

There are still some parts missing, and Visajourney may not be able to help you through the whole thing. I hope you are prepared for doing a pile of research, or are willing to hire a professional to help you through a few steps.

For example, what was Homeland Security supposed to notice on your "initial application" (what was that?) to see that you are a USC? It sounds as if you were applying for the K-1, which would indicate that you still thought you were NOT a USC.

By processing your kids visa apps 'on the spot', there is an indication that you were the one to file an I-130 for each of them? I-130s cost close to $200 each, so I think you'd have noticed.

Unless you got your directives in writing, there's no way to know what they really said to you. However, I have *never once* read of USCIS sending anyone anything with regard to removing conditions (which is typically for newlyweds and the visa would have the classification "CR-1" not IR).

I am not familiar with the details of the Child Citizenship Act, but I recall that f your children entered the US with Immigrant Visas, they do not become Permanent Residents (Green Card) at that moment, but skip straight to US citizenship. One way to find out would be to apply for a US passport for them (or file N-600). I would certainly check out my vague understanding of the CCA with a pro before you spend the money/effort, but basically, you could not transmit your USC for them before they arrive (as you understood), but the act of entering on the IV does the job.

This is further confused by the fact that they entered 10 months ago but have not (?) received Green Cards in the mail. The passport stamp is always only good for one year; the Green Card arrives within a month to replace that evidence of status. Did the kids ever get Green Cards? Is anything else noted in their passports?

I'm not sure what an InfoPass appointment would tell you. If I were in your shoes, I would be reading the nitty gritty of the CCA (start with the FAQ at uscis.gov), reading postings from others in a similar situation (will be few & far between) and consulting a real lawyer familiar with childhood citizenship issues. In real life I know one family who did this, but I've fallen out of touch with them and can't follow up (had a Canadian mother and US/Canadian father---father got USC from mother but he had never lived in the US. His wife and children had to immigrate, but the kids became USCs at entry).

I'm most confused by you using the "IR2". To clarify, you mean that you entered as a USC, with your new US passport, and the children used their IR-2 visas, right?

Well, all I can tell you for sure is what I would do, as above, and wish you best luck in sorting it all out!

[puckbunnie25 0]

I'm not missing anything that's pertinant. I entered as an USC and my kids could only enter with me under the IR2. It is valid as record of perminant residence for one year. They have SSN numbers here in the USA, the visa was record enough to give them any identification and registrations they needed, etc.

When we did the Montreal appointment, we spoke actually with some rather 'higher ups' in the office, there was special attention on our case, everything was to be taken care of for us before we left.

We were told that Homeland Security should have picked up on the USC information in the very first application for the K1 where it asks about the birthplaces of both parents and given us a letter that recommended that we explore the option of USC before going through the full K1 process.

After explaining our situation in Montreal, we were reimbursed for a couple items (around $1200), but paid out around $1100 for the two children to file for the IR2s -- so really we never really got any of our money back, considering I did the medicals and all the other paperwork, it was like $2000 wasted at the start.

We were told by Montreal there would be no problem and that all we had to do was get my passport, send it back to Montreal. Montreal would stamp the kids Visas and send them back to me and the whole thing was finished in two weeks. They told us we'd paid for the IR2 and everything and we'd have one more cost to worry about, when the year was up, we'd get this paperwork and get perminant residence.

I suppose I'll have to call someone for information, this is a bit complicated.

[zyggy 9]

I'm not missing anything that's pertinant. I entered as an USC and my kids could only enter with me under the IR2. It is valid as record of perminant residence for one year. They have SSN numbers here in the USA, the visa was record enough to give them any identification and registrations they needed, etc.

When we did the Montreal appointment, we spoke actually with some rather 'higher ups' in the office, there was special attention on our case, everything was to be taken care of for us before we left.

We were told that Homeland Security should have picked up on the USC information in the very first application for the K1 where it asks about the birthplaces of both parents and given us a letter that recommended that we explore the option of USC before going through the full K1 process.

After explaining our situation in Montreal, we were reimbursed for a couple items (around $1200), but paid out around $1100 for the two children to file for the IR2s -- so really we never really got any of our money back, considering I did the medicals and all the other paperwork, it was like $2000 wasted at the start.

We were told by Montreal there would be no problem and that all we had to do was get my passport, send it back to Montreal. Montreal would stamp the kids Visas and send them back to me and the whole thing was finished in two weeks. They told us we'd paid for the IR2 and everything and we'd have one more cost to worry about, when the year was up, we'd get this paperwork and get perminant residence.

I suppose I'll have to call someone for information, this is a bit complicated.

I agree with Meauxna.. it is my belief that the children became US Citizens the second that their IR-2 visas were endorsed..

From USCIS Website: http://uscis.gov/graphics/services/natz/bio_residing_US.htm

Does my child qualify for automatic citizenship under the CCA?

Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one parent is a U.S. citizen,

The child is under 18 years of age, and

The child is admitted to the United States as an immigrant.

Do I have to apply to USCIS for my child’s citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application.

What documentation can I get of my child’s citizenship?

If your child permanently resides in the U.S, you can obtain evidence of your child’s citizenship by applying for a Certificate of Citizenship. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.

At this time I would file a N-600 as well as apply for a US Passport..

Your children did not get Green Cards because they are not eligible for them.. they are US Citizens.

Edited April 17, 2006 by zyggy