Citizenship for my son

[Muuuuah 0]

I just want to double check that My son who is just 18 has to wait for 5 years of being here (he came on a K2 visa)to apply even though I can apply after 3 years of marriage, is that correct?

[payxibka 10,045]

I just want to double check that My son who is just 18 has to wait for 5 years of being here (he came on a K2 visa)to apply even though I can apply after 3 years of marriage, is that correct?

Yes, if the child was under 18 when you become a USC then the answer could be different..

FWIW, you cannot become a USC until the latter of 3 years marriage or 3 years as a Permanent resident... based on your timeline, it is your residency date that would be the final "trigger"

Edited December 1, 2009 by payxibka

[lucyrich 20]

I just want to double check that My son who is just 18 has to wait for 5 years of being here (he came on a K2 visa)to apply even though I can apply after 3 years of marriage, is that correct?

Yes, if the child was under 18 when you become a USC then the answer could be different..

FWIW, you cannot become a USC until the latter of 3 years marriage or 3 years as a Permanent resident... based on your timeline, it is your residency date that would be the final "trigger"

Yes, and for the son, it's not five years of being here, it's five years of having lawful permanent resident status. The time he spent here before his adjustment of status was approved doesn't count toward citizenship.

See the N-400, Part 2. An alien can become a citizen no earlier than the date when he or she can check one of those boxes. As the spouse of a US Citizen, Muuuuah should be able to check box 2b after three years of having the green card, and the son should be able to check box 2a after five years of having his green card.

[NickD 202]

We are in the same boat as you, while my wife and I were married for well over three years before her daughter turned 18, it was the delay in getting their conditional green cards that shot our daughter barely over 18 years of age. So she has to wait the full five years plus we have to pay an additional $675.00, plus make three more long trips for her biometrics, interview, and the oath ceremony.

But for us, it's only time, money, and inconvenience to get it done.