Citizenship

[ric2play 0]

My son and I came up on a K1/K2 visa. My wife is a naturalized citizen. My son and I both have Green Cards now and waiting for AOS. Is my son automatically a citizen because of his mother being a citzen? Can I apply for a US passport for him?

[Old Dominion 26]

My son and I came up on a K1/K2 visa. My wife is a naturalized citizen. My son and I both have Green Cards now and waiting for AOS. Is my son automatically a citizen because of his mother being a citzen? Can I apply for a US passport for him?

Is you wife his birth mother? If so, he's a citizen. But because he is also waiting for AOS, and has a green card, he is not regarded as a citizen.

[payxibka 10,045]

My guess is no. If your son had a claim to citizenship then he should have arrived on a US passport not a K-2 visa, because a USC does not need a visa.

[ric2play 0]

My guess is no. If your son had a claim to citizenship then he should have arrived on a US passport not a K-2 visa, because a USC does not need a visa.

How about this clause taken from the US Passport Application number 1:

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Report of Birth

Abroad, or evidence described below.

1) If You Claim Citizenship Through Naturalization Of Parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate,and proof of your admission to the United States for permanent residence.

2) If You Claim Citizenship Through Birth Abroad To One U.S. Citizen Parent: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (FormDS–1350 or FS–545), or your foreign birth certificate, proof of citizenship of your parent, your parents’ marriage certificate, and an affidavit showing

all of your U.S. citizen parent’s periods and places of residence/physical presence in the United States and abroad before your birth.

3) If You Claim Citizenship Through Birth Abroad To Two U.S. Citizen Parents: Submit a Consular Report of Birth (Form FS–240), Certification of Birth (Form

DS–1350 or FS–545), or your foreign birth certificate, parents’ marriage certificate, proof of your parents’ citizenship, and an affidavit showing all of

your U.S. citizen parents’ periods and places of residence/physical presence in the United States and abroad before your birth.

4) If You Claim Citizenship Through Adoption by a U.S. Citizen Parent(s): Submit evidence of your permanent residence status, full and final adoption, and

your U.S. citizen parent(s) evidence of legal and physical custody. (Please note: Acquisition of U.S. citizenship for persons born abroad and adopted

only applies if the applicant was born on or after 02/27/1983.)

c. ADDITIONAL EVIDENCE: When necessary, we may ask you to provide additional evidence to establish your claim to U.S. citizenship.

2. PROOF OF IDENTITY

You must establish your identity to the satisfaction of the acceptance agent.

You may submit items such as the following containing your signature AND physical description or photograph that

[sara..... 371]

if u OR ur wife is a citizen of the USA u have to show the birth of the child outside of the USA if the child was born out side the USA......why ur child came on a visa i have no idea all the USA person had to do was go the embassy of the country the child was born in and show the birth of the child prolly would have had to have a dna test but there is no need for the money to be spent on a visa or aos or anything else as the child is already a citizen just get the birth recorded and make proof the child is indeed the child of the women............

[Dakine 26]

If your wife isn't the biomother then she will have to adopt your child in order for him to get US citizenship at this time. He has to have GC first. Been there! Done that.

Later he can get USC when you do so.

Edited November 29, 2008 by Haole

[sus 70]

My son and I came up on a K1/K2 visa. My wife is a naturalized citizen. My son and I both have Green Cards now and waiting for AOS. Is my son automatically a citizen because of his mother being a citzen? Can I apply for a US passport for him?

I believe that your son, as long as he is under 18, should be qualified for citizenship based on his Mother's naturalization - But you have to apply for a Certificate of Citizenship by filing an N-600 through the USCIS district office that serves your area - Once you have that you should be able to apply for a passport for him

[Dakine 26]

My son and I came up on a K1/K2 visa. My wife is a naturalized citizen. My son and I both have Green Cards now and waiting for AOS. Is my son automatically a citizen because of his mother being a citzen? Can I apply for a US passport for him?

I believe that your son, as long as he is under 18, should be qualified for citizenship based on his Mother's naturalization - But you have to apply for a Certificate of Citizenship by filing an N-600 through the USCIS district office that serves your area - Once you have that you should be able to apply for a passport for him

No need submit the N-600 to get a passport . You can apply for US PP which is proof of USC. Been there! Done that also.

[Completely 3]

Technically, your wife is the stepmother of your son. Therefore you can not apply for a US passport, your son needs to be an immigrant to be a US Citizen.

For instance, I am the foreigner, my husband is the US citizen. When my son was born, he is not automatic US Citizen. We have to report for his birth abroad and then the local embassy here issued the Birth Certificate to him, which enable us to apply for a US passport for him.