Naturalization of K3 Children

[THedquist 0]

I am a citizen born in the US. My wife and her two children came to the US via a K3 visa. At the time both children were under 18. The children were automatically issued Provisional Green Cards at the time my wife was granted hers. Likewise, even though my wife's son is over 18, both children were automatically given Permanent Green Cards as part of my wife's application. We received the Permanent Green Cards (10 year) about a month ago.

My wife now meets the requirements for Naturalization. Here are my questions:

1. Will my wife's daughter, 16 years old, be automatically eligible for citizenship as part of my wife's application for Naturalization?

2. Will my wife's son, 19 years old, be automatically eligible for citizenship as part of my wife's application for Naturalization?

[WROCLAW 0]

good luck............

may the force be with you!

[I Miss Her 0]

I am a citizen born in the US. My wife and her two children came to the US via a K3 visa. At the time both children were under 18. The children were automatically issued Provisional Green Cards at the time my wife was granted hers. Likewise, even though my wife's son is over 18, both children were automatically given Permanent Green Cards as part of my wife's application. We received the Permanent Green Cards (10 year) about a month ago.

My wife now meets the requirements for Naturalization. Here are my questions:

1. Will my wife's daughter, 16 years old, be automatically eligible for citizenship as part of my wife's application for Naturalization?

2. Will my wife's son, 19 years old, be automatically eligible for citizenship as part of my wife's application for Naturalization?

Yes for question#1: On Feb 27, 2001 law has been changed regarding children automatically naturalize through a parent. Minor child (INA §322) will automatically become a U.S. citizen when you naturalize if the following conditions are met:

1. If the child is below the age of 18 years

2. If the child is living in your legal and physical present in the U.S.

3. If the child is permanent resident.

No for question #2: Your child may be able to file naturalization on his own, if your child did not derive citizenship from parent.

In general, the applicant for citizenship must be 18 or older at the time that he files for naturalization.