US Citizenship and Kids

[happyme'11 3]

Hello fellow Vj'ers,

I am a resident of GA since i got here on a K1 visa in 2007. My kids got here in November 2010 (IR2)and Me and the kids already have our 10 yr. green card.

I am qualified to apply for my citizenship since May of last year but i haven't applied yet since i was waiting for my kids to be here first .

Here are my concerns:

1. If I apply for my citizenship..should i apply for my kid's citizenship as well and pay individual fees for the 3 of us?

2. I am not in a hurry to be a citizen since i will have to use my 10 yr. green card's worth yet but I am planning to petition for my mom and the first thing is I have to be a citizen first.

SO if i apply,,the kids too shud apply?

I would appreciate ur help. Thanks in advance.

[NickD 203]

Hello fellow Vj'ers,

I am a resident of GA since i got here on a K1 visa in 2007. My kids got here in November 2010 (IR2)and Me and the kids already have our 10 yr. green card.

I am qualified to apply for my citizenship since May of last year but i haven't applied yet since i was waiting for my kids to be here first .

Here are my concerns:

1. If I apply for my citizenship..should i apply for my kid's citizenship as well and pay individual fees for the 3 of us?

2. I am not in a hurry to be a citizen since i will have to use my 10 yr. green card's worth yet but I am planning to petition for my mom and the first thing is I have to be a citizen first.

SO if i apply,,the kids too shud apply?

I would appreciate ur help. Thanks in advance.

Weird, the kids do get to tailgate you for the removal of conditions and get their very own green card. But somehow through some kind of magic automatically become US citizens if under the age of 18, but you don't get any proof of that. Can send in a bunch of stuff to get them a US passport, or apply for a certificate for each of them, filed separately for each kid, with the N-600.

In just reviewing the passport application, seems like both biological parents have to apply for that, but one can have a notarized statement. Assuming you have an ex, hopefully that ex will be cooperative. My wifes' ex was a basterd in this respect. But the only thing he accomplished was additional hatred from his daughter. Would have to reread the N-600 instructions, but believe the other biological parent need not be present nor required to at least get that certificate.

[happyme'11 3]

Weird, the kids do get to tailgate you for the removal of conditions and get their very own green card. But somehow through some kind of magic automatically become US citizens if under the age of 18, but you don't get any proof of that. Can send in a bunch of stuff to get them a US passport, or apply for a certificate for each of them, filed separately for each kid, with the N-600.

In just reviewing the passport application, seems like both biological parents have to apply for that, but one can have a notarized statement. Assuming you have an ex, hopefully that ex will be cooperative. My wifes' ex was a basterd in this respect. But the only thing he accomplished was additional hatred from his daughter. Would have to reread the N-600 instructions, but believe the other biological parent need not be present nor required to at least get that certificate.

What's weird?? Can u elaborate pls.? My kid's biological father is already out in the picture. Even while i was processing the kids petition I have sole custody of them so i never had a problem at all.

What proof are u talking about? SOrry i was just confused??/ If proof of a bonafide marriage between me and the petitioner is the one u are talking about..i have no problem at all coz i am still married to the same man and happilly married.

[bonnerbonner 6]

File citizenship for yourself only. Once you become a citizen, kids get it. File N600 for their certificate of naturalization. You can get their US passports too with your certificate even before filing the N600. Good luck

[NickD 203]

I have posted this in that other naturalization and kids topic heading:

This is from the US Passport application instructions, I am not an attorney, so my interpretation of the law may not be correct:

:SPECIAL REQUIREMENTS FOR CHILDREN

• AS DIRECTED BY PUBLIC LAW 106–113 AND 22 CFR 51.28:

To submit an application for a child under age 16 both parents or the child’s legal guardian(s) must appear

and present the following:

• Evidence of the child’s U.S. citizenship,

• Evidence of the child’s relationship to parents/guardian(s), AND

• Parental/guardian identification.

IF ONLY ONE PARENT APPEARS YOU MUST ALSO SUBMIT ONE OF THE FOLLOWING:

• Second parent’s notarized written statement consenting to passport issuance for the child,

• Primary evidence of sole authority to apply, OR

• A written statement (made under penalty of perjury) explaining the second parent’s unavailability.

• AS DIRECTED BY REGULATION 22 CFR 51.21 and 51.28:

Each minor child applying for a passport book and/or passport card must appear in person."

And granted, I have NOT experienced dealing with our Department of State on this issue, but have dealt with the consulate of Venezuela for renewing the passport for my stepdaughter.

To bring my stepdaughter here, we needed both her divorce papers showing my wife had full physical custody of her daughter AND a rather long court document showing that her biological father relingished all rights to his daugther and his permission for his daughter to come permanently to the USA. With that, we got her conditional green card. Wondered about that as well, can see a conditional card for the wife, we haven't been married quite two years yet, but why the kids as well?

We took those papers to the Venezuelan consulate, but not the certified translations, they actually can read Spanish. There answer was a dead, NO, but gave us a form the biological father had to fill out, a very simple form, but he refused to do so. We had no choice but to wait until our daughter turned 18, but see the cutoff point for our DOS is 16 years of age.

I have never met anyone in your situation, so really curious as to whether you need that letter of permission from the biological parent or not. And I know for a fact you already have your divorce papers and that court ordered letter of permission for your kids to come here.

But you are no longer dealing with the USCIS, but are now dealing with the DOS, an entirely different government agency, so I have no idea what they will say. Has anyone on this board been through this with children under the age of 16? Do you really need another letter of permission, even though you already have one?

Another question I would have, is if one would apply for a certifcate of naturalization from the USCIS, would the DOS accept that in lieu of that permission letter from the biological parent? Or would they even honor that permission letter you already have?

I also have a very negative view on our 1,525 newly created dictatorship type agencies. When I was running a plant, these agencies would disagree on what I was suppose to do to please them. Just told them to go behind the plant and to fight it out, make a decision, and let me know. You can find many instances where these agencies not only are in conflict, but also breaking the laws of our US Constitution. You can spend the rest of your life in court. Before all this, agencies only gave technical advice to congress, but somehow they have absolute dictatship type control. I get nowhere with my congressman on these issues, too damned busy running for reelection. You never want to mess around with the IRS, they can kill you. Hate dealing with the USCIS as well, dead gulity until we prove we are innocent.

[Canadiandggal 49]

I have no clue on this subject but I would love to know the outcome and the answer.

My son is 4 years old, and seeing how we only got here a few months ago I have another 3 years till I can file for citizenship. Depending on how complicated a step parent adoption turns out to be, as I keep being told its considered an international adoption. I will probably be in your exact position in just a few years. I wish you luck

[NickD 203]

I have no clue on this subject but I would love to know the outcome and the answer.

My son is 4 years old, and seeing how we only got here a few months ago I have another 3 years till I can file for citizenship. Depending on how complicated a step parent adoption turns out to be, as I keep being told its considered an international adoption. I will probably be in your exact position in just a few years. I wish you luck

Adoption certainly solves that ex-spouse problem, I sure looked into it. In our case, it had to be done in Venezuela, the home country, with a rather corrupt and extremely slow court system. Would have cost a small fortune, and she would have been an adult before it was over.

Another document that is extremely helpful, is a death certificate of the ex-spouse, tempting, but immoral. But if the ex-spouse cooperates, shouldn't be a problem. But sooner or later that kid will reach either 16 or 18 years of age, and that problem becomes history. Wife wanted to see her family, we had to find a baby sitter while we were gone. But sure wanted to bring our girl with us, but wasn't our fault. We don't make the laws, and her biological father was not cooperative. But now, he totally out of the picture.

[Canadiandggal 49]

Adoption certainly solves that ex-spouse problem, I sure looked into it. In our case, it had to be done in Venezuela, the home country, with a rather corrupt and extremely slow court system. Would have cost a small fortune, and she would have been an adult before it was over.

Another document that is extremely helpful, is a death certificate of the ex-spouse, tempting, but immoral. But if the ex-spouse cooperates, shouldn't be a problem. But sooner or later that kid will reach either 16 or 18 years of age, and that problem becomes history. Wife wanted to see her family, we had to find a baby sitter while we were gone. But sure wanted to bring our girl with us, but wasn't our fault. We don't make the laws, and her biological father was not cooperative. But now, he totally out of the picture.

Yeah I am quite confused on the whole adoption situation as I do not know how it will work out as we live in the States but we came from Canada. Right now I am just trying to figure out all the steps but It will probably not happen if there are too many hoops to go through.

It does suck when the EX "dead beat" will not cooperate would have saved me thousands of dollars lol

Yes 12 more years and he will be 16

[NickD 203]

Yeah I am quite confused on the whole adoption situation as I do not know how it will work out as we live in the States but we came from Canada. Right now I am just trying to figure out all the steps but It will probably not happen if there are too many hoops to go through.

It does suck when the EX "dead beat" will not cooperate would have saved me thousands of dollars lol

Yes 12 more years and he will be 16

There was two factors in my wifes' daughter, she was 13 and didn't want to live with her dad, he was also a wife beater, but that didn't carry much weight. The other factor was, he was six years in arrears on making child support payments and would have another five years to go. Quite a bundle of money for him, we agreed to forget the child support payments if he agreed to sign that permission for her to come here. He kind of jumped at that.

May be something in your favor with adoption to consider if the ex owes or his paying child support, an adoption would free him of that. Another thing in our favor, and for the piece of mind of my wife and stepdaughter is the great distance involved, and the fact he didn't have anything to even get a visa to come here. So wasn't a threat to them anymore.

Wish you the best to have a good, happy, and long lasting family life.