When to file US citizenship for K-2?

[itzmi 1]

Hi! I have just recently got approved for my 10 year green card (see my timeline). I know I can apply for US citizenship 3 years after I became a permanent resident since I'm married to a US citizen. My question is when can my 4 year old daughter apply for US citizenship? Here is my story...

My daughter came here with me as K-2. She is also the biological daughter of my husband (US citizen). Our daughter was born in Canada when my husband was still a permanent resident here in the US. He got naturalized as US citizen when our daughter is already 1 year old. Meaning, our daughter is not automatically a US citizen since her dad/my husband was not a US citizen yet when she was born.

I have read from the guide here http://www.visajourney.com/faq/k1k2visa-naturalization.html that...

"If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18."

How can our daughter apply for naturalization next year with me if the application for Naturalization N-400 specifically state that it is only for those who are at least 18 years old?

[payxibka 10,047]

If the parent becomes a citizen then the parent's minor children may have an automatic claim to citizenship.

Look at the N-600.

Edited September 4, 2008 by fwaguy

[itzmi 1]

If the parent becomes a citizen then the parent's minor children may have an automatic claim to citizenship.

Look at the N-600.

Thank you for your response.

[lucyrich 20]

Yep, if the right circumstances are met (the child is under 18, in custody of the parents, child is admitted for permanent residence), then the child automatically becomes a citizen on the day the parent takes the citizenship oath. The child doesn't have to do anything. No paperwork needs to be filled out in advance for the child.

After the parent becomes a citizen, you may fill out an N-600 for a certificate of citizenship for the child, similar to your certificate of naturalization. Or, if you prefer, you may apply directly for a passport for your child. The passport may be faster to obtain, and is definitely cheaper. The department of state will require the same evidence to prove citizenship that the USCIS would require.

[lucyrich 20]

My daughter came here with me as K-2. She is also the biological daughter of my husband (US citizen). Our daughter was born in Canada when my husband was still a permanent resident here in the US. He got naturalized as US citizen when our daughter is already 1 year old. Meaning, our daughter is not automatically a US citizen since her dad/my husband was not a US citizen yet when she was born.

Re-reading this more closely, I believe your daughter is already a US Citizen now. I'm assuming she has a Green Card now. She's under 18, she's in the custody of her parents, one of whom is a US Citizen.

See this State Department link for more info on the Child Citizenship Act of 2000.

[itzmi 1]

Re-reading this more closely, I believe your daughter is already a US Citizen now. I'm assuming she has a Green Card now. She's under 18, she's in the custody of her parents, one of whom is a US Citizen.

See this State Department link for more info on the Child Citizenship Act of 2000.

Thank you very much! You saved me $375 (460-85). I was planning to apply N-600 before. Now I can just apply for her US citizenship passport which costs cheaper than N-600.

Anne