N-400 and Child

[catzenmouse 0]

Sorry if this is posted but I'm getting zero results on my searches. (even "N-400" came up with no results)

We're filling the N-400 for my wife and it has a section to include our son's information on it. By filing her's with him on it is he also filing for the N-400?

(This is the way the green card has worked in the past)

Or will we have to file a separate N-400 for him? (A way for the government to get another $675 basically)

Thanks,

Ken

[liahnsilver 0]

Once your wife becomes a US citizen, the child automatically becomes a citizen, as long as he or she is below 18 years old. you can then apply for the child's passport using your wife's certificate of citizenship. If you want the child to have his/her own certificate, you apply an N-600 for him/her with a fee of course LOL. but IMO, the child doesnt really need it.

Also, once your wife becomes a citizen she will update her and the child's status to the SSA.

[Jesti 0]

Sorry if this is posted but I'm getting zero results on my searches. (even "N-400" came up with no results)

We're filling the N-400 for my wife and it has a section to include our son's information on it. By filing her's with him on it is he also filing for the N-400?

(This is the way the green card has worked in the past)

Or will we have to file a separate N-400 for him? (A way for the government to get another $675 basically)

Thanks,

Ken

If your son under 18 years old, he has to file separately when he's 18 years old.

[MsAnn 0]

Have you read "A Guide to Naturalization"?

I hope this applies to your situation. If your son is over 18, he'll need to fill out an N-400 and pay the fee.

FAQ

#25. If I am a U.S. citizen, is my child a U.S. citizen?

A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in

(or came to) the United States for the required period of time prior to the child’s birth, is

generally considered a U.S. citizen at birth.

A child who is:

• Born to a U.S. citizen who did not live in (or come to) the United States for the

required period of time prior to the child’s birth, or

• Born to one U.S. citizen parent and one alien parent or two alien parents who

naturalize after the child’s birth, or

• Adopted (stepchildren cannot derive or acquire citizenship through their stepparents)

and is permanently residing in the United States can become a U.S. citizen by action of

law on the date on which all of the following requirements have been met:

• The child was lawfully admitted for permanent residence*; and

• Either parent was a United States citizen by birth or naturalization**; and

• The child was still under 18 years of age; and

• The child was not married; and

• The child was the parent’s legitimate child or was legitimated by the parent before

the child’s 16th birthday (children born out of wedlock who were not legitimated

before their 16th birthday do not derive United States citizenship through their

father); and

• If adopted, the child met the requirements of section 101(B)(1)(E) or of the

Immigration and Nationality Act (INA) and has had a full and final adoption; and

• The child was residing in the United States in the legal custody of the U.S. citizen

parent (this includes joint custody); and

• The child was residing in the United States in the physical custody of the U.S.

citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the

child as evidence of citizenship. If the child needs further evidence of citizenship, you may

submit an “Application for Certificate of Citizenship” (Form N-600) to USCIS to obtain a

Certificate of Citizenship. (NOTE: A child who meets these requirements before his or her

18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or

she turns 18.)

*NOTE – Children who immigrated under the “IR-3” or “IR-4” categories must have had an

immigrant petition filed on their behalf before their 16th birthday; see answers to Question

26. All adoptions for any other type of immigration benefit, including naturalization, must

be completed by the child’s 16th birthday, with one exception: A child adopted while under

the age of 18 years by the same parents who adopted a natural sibling who met the usual

requirements.

**NOTE – The “one U.S. citizen parent” rule applies only to children who first fulfilled the

requirements for automatic citizenship (other than at birth abroad) on or after February 27,

2001. In order to qualify for automatic citizenship (other than at birth abroad) on or before

February 26, 2001, both of the child’s parents must have been United States citizens either

at birth or through naturalization—both parents if the child had two parents; the surviving

parent if a parent had died; the parent with legal custody if the parents were divorced or

legally separated; or the mother only, if the child had been born out of wedlock and the child’s

paternity had not been established by legitimation.

[catzenmouse 0]

Thanks much everyone!