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Markieboy

Naturalization of Illegitimate Child?

By Markieboy in Philippines

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Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Hi guys!

It's been awhile since I've posted. I was hoping someone with experience could chime in. I recently petitioned for my stepdaughter's IR-2 visa, and it was approved. My wife has her permanent resident status, and will be eligible for naturalization in 2013.

According to USCIS, "a child automatically becomes a U.S. citizen when all of the following conditions have been met under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA). To qualify as a “child” for purposes of this section 320 of the INA, the individual must be unmarried. Also, a person who was born out of wedlock (meaning that the parents were not married at the time of the person’s birth), must be “legitimated” while under the age of 16 and while in the legal custody of the legitimating parent. See section 101©(1) of the INA. Finally, a stepchild who has not been adopted does not qualify as a child under this section."

On my stepdaughter's birth certificate, there is an "Affidavit of Acknowledgment/Admission of Paternity" where the biologic father signed. Question: Is this proof of legitimation? If not, how can she be legitimated since her biologic mother (my wife) and her biologic father were never married? My stepdaughter has been in her mother's custody since birth.

Any advice or insight would be greatly appreciated.

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

Markieboy Proficient

Markieboy   104

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

Once your wife naturalizes her daughter will become a US Citizen if she is already a LPR.

The legitimization clause is regarding illegitimate children of US Citizens.

Great! Thank you for the clarification, Bob 4 Anna! Appreciate it.

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)

REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)

IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)

NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

 
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