citizenship

[Penguin_ie 5,995]

Sorry, yes you are correct. Having looked at the I-864W, it does apply.

Edited July 27, 2011 by Penguin_ie

[NickD 203]

It is illegal to enter the US on visitor visas and the VWP with the intent to immigrate. What you are suggesting is immigration fraud since the OP has already stated she has the intent to immigrate to the US.

If Mom derived US citizenship from her father, she will be entitled to a US passport. Mom does not meet the 5 years residency rule to pass US citizenship on to her children. As a US citizen, she can petition for her husband and children. Upon admission to the US, her children will gain US citizenship under the Child Citizenship Act.

Here is an brief outline for Louised;

1. Obtain US passport which will evidence Mom's US citizenship.

2. File separate I-130s for husband and each of the children with the USCIS office at the US Embassy in London.

3. I-130s will be approved showing that the US citizen has qualifying relationships with the beneficiaries that will allow the beneficiaries to apply for immigration visas as Immediate Relatives.

4. Beneficiaries will file Form DS-230, the Immigration Visa Application, with supporting documents.

5. Mom and Grandfather (Mom's Dad) will each file a I-864w for each of the children. (YES - FORM I-864w). This form is allowed for the children because they will gain US citizenship upon entry into the US under the Child Citizenship Act. The I-864 obligations for the children will end upon entry because they will be US citizens.

6. Mom and Grandfather will each file an I-864 for the husband. The household count will be = self + dependents + immigrant. Immigrants on other I-864s are not counted in this unless they are dependents. Mom's household count will be 4 = self, immigrant husband, and two dependent children. Grandfather has to make enough for himself, his dependents, and the intending immigrant. If Grandfather does not have any dependents or a spouse, then the count is 2 (himself and the immigrating husband).

7. Interview for the immigration visas. If there are no issues, they will be granted.

8. Enter the US. Children are automatically US citizens. It is advisable that Mom files the N-600 (Certificate of Citizenship) and for US passports for each of the children to gain documents showing they are US citizens.

9. Dad will get his 10 years green card (marriage over 2 years).

10. Get Social Security numbers/cards for everyone in the family. You will need them to work and for tax purposes.

11. After 3 years as an LPR, Dad can qualify to be a US citizen.

Was not stating any laws or procedures, just saying to check into it. We do have a great deal of inconsistencies in our laws here. Like bringing an immigrant child here, have to pay a bundle for the AOS for that kid, but removing conditions, and automatically becoming a US citizen, well without proof, is practically free once the parent becomes a US citizen.

So would this be a different story if the OP had a US passport, came here for a couple of days to visit her dad and gave birth to her kids, one at a time and received a US birth certificate?

Or are you saying they will automatically be US citizens if they can get a visa to come here and don't have to go through that AOS stuff? And exactly what kind of visa is this? Is this another N-600 or just a US passport issue? Would just a tourist visa work for the kids? I don't know, just asking. My future wife and stepdaughter were fortunate to have tourist visas, this gave us the opportunity for frequent visits, three months apart was our limit, so we could really get to know each other and intelligently decide whether we wanted to get married or not. Some of her friends came here with that crazy 90 day limit K-1 visa because they didn't have the resources to get a tourist visa. Can say, those marriages didn't work out very well.

This went on for two long years, either I would go down there or she, and her daughter would come up here. We both rushed into marriage in our kid days and lived through 25 years of hell, didn't want to repeat that mistake again. Something the USCIS does not consider, just paying bills and taxes together, screw them, its our lives we are concerned about.

In a certain sense, it boils down to how much delays and how much fees one has to pay.

[Louised 11]

Thank you, it's great to see what I have to do in list format, makes its less daunting...I can't apply for a passport until I've sorted out my birth certificate...which I'm currently in the process of doing, we plan to save for a few years too so that we have enough money to start our new life out there...Just one question, if my Dad sponsors my husband does that mean we'll have to live with him for a specific amount of time? We plan to initially stay with him but would like to buy/rent a property relatively soon after we move over...and will we all be able to keep our british citizenship as well as having US citizenship?

It is illegal to enter the US on visitor visas and the VWP with the intent to immigrate. What you are suggesting is immigration fraud since the OP has already stated she has the intent to immigrate to the US.

If Mom derived US citizenship from her father, she will be entitled to a US passport. Mom does not meet the 5 years residency rule to pass US citizenship on to her children. As a US citizen, she can petition for her husband and children. Upon admission to the US, her children will gain US citizenship under the Child Citizenship Act.

Here is an brief outline for Louised;

1. Obtain US passport which will evidence Mom's US citizenship.

2. File separate I-130s for husband and each of the children with the USCIS office at the US Embassy in London.

3. I-130s will be approved showing that the US citizen has qualifying relationships with the beneficiaries that will allow the beneficiaries to apply for immigration visas as Immediate Relatives.

4. Beneficiaries will file Form DS-230, the Immigration Visa Application, with supporting documents.

5. Mom and Grandfather (Mom's Dad) will each file a I-864w for each of the children. (YES - FORM I-864w). This form is allowed for the children because they will gain US citizenship upon entry into the US under the Child Citizenship Act. The I-864 obligations for the children will end upon entry because they will be US citizens.

6. Mom and Grandfather will each file an I-864 for the husband. The household count will be = self + dependents + immigrant. Immigrants on other I-864s are not counted in this unless they are dependents. Mom's household count will be 4 = self, immigrant husband, and two dependent children. Grandfather has to make enough for himself, his dependents, and the intending immigrant. If Grandfather does not have any dependents or a spouse, then the count is 2 (himself and the immigrating husband).

7. Interview for the immigration visas. If there are no issues, they will be granted.

8. Enter the US. Children are automatically US citizens. It is advisable that Mom files the N-600 (Certificate of Citizenship) and for US passports for each of the children to gain documents showing they are US citizens.

9. Dad will get his 10 years green card (marriage over 2 years).

10. Get Social Security numbers/cards for everyone in the family. You will need them to work and for tax purposes.

11. After 3 years as an LPR, Dad can qualify to be a US citizen.

[Louised 11]

Brilliant thank you, been reading up and getting quite scared that it wouldn't be possible to emigrate, but it sounds like it will be achievable...so just got to sort out my citizenship first, which I assume will be the most complicated part...

For a household size of 4 (your father, your husband, the two kids) he only needs to earn $27,937 so sounds like you are all set on the financial front :-)

Once you have your citizenship sorted out you can go here to start the journey to the US: http://london.usembassy.gov/immigrant-visas/immediate-relatives.html Should be pretty easy to follow the links to find the information needed :-)

You will file I-130 petitions for your husband and two children. You will file this in the UK. Cost will be 3 times $420.

You will then wait. Once those petitions are approved, you will have another set of visa application forms to fill out. The visa application fee is $404 per applicant. Your husband and children will also need to have medicals in London, the cost for the medical is £210.

You will then receive an interview appointment. This should be a breeze and once everyone has their visas you can head to the US :-)

[Penguin_ie 5,995]

You don't need to live with your dad at all, his sponsorship is purely monetary, and only should your husband need government benefits. Yes, you can all have dual citizenship.

[Louised 11]

Oh ok brill, many thanks...we fully intend to work and my husband will definately line up a job before we move over...he's an engineer so will hopefully find something :0) Really chuffed that our dream now feels more achievable, had sleepless nights worrying that we wouldn't be able to emigrate...lol

You don't need to live with your dad at all, his sponsorship is purely monetary, and only should your husband need government benefits. Yes, you can all have dual citizenship.

[NickD 203]

Oh ok brill, many thanks...we fully intend to work and my husband will definately line up a job before we move over...he's an engineer so will hopefully find something :0) Really chuffed that our dream now feels more achievable, had sleepless nights worrying that we wouldn't be able to emigrate...lol

Still up in the air about your kids, but with your husband, that sponsorship ends the day he becomes a US citizen. In my auto accident years, met many people that were victims of hit or run or uninsured drivers, and had no choice but to seek public aid. So that was in the back of my mind for those years my wife and stepdaughter were LPRs coupled with the fact your health insurance company can kick you off the policy if you have a pre-condition. Doesn't take very long to completely clean out your bank account.

Was a sigh of relief when they got their certificates, thank God nothing happened to them. LOL, two weeks ago my stepdaughter got a five buck parking ticket, said that was dumb, but at least you don't have to be concerned about the USCIS.

[Jojo92122 1,924]

Was not stating any laws or procedures, just saying to check into it. We do have a great deal of inconsistencies in our laws here. Like bringing an immigrant child here, have to pay a bundle for the AOS for that kid, but removing conditions, and automatically becoming a US citizen, well without proof, is practically free once the parent becomes a US citizen.

So would this be a different story if the OP had a US passport, came here for a couple of days to visit her dad and gave birth to her kids, one at a time and received a US birth certificate? The OP has a US passport. She is a US citizen entitled to enter the US whenever. She can give birth to her kids in the US and they would be US citizens. I don't think anyone is going criticize a US citizen entering the US to give birth.

Or are you saying they will automatically be US citizens if they can get a visa to come here and don't have to go through that AOS stuff? The kids automatically become US citizens when they are admitted to the US on immigration visas to live with the US citizen Mom. There is no need to do an AOS. Anyone coming into the US on an immigration visa does not have to do an AOS. AOS is only for people in the US with a non-immigration status looking to becoming an LPR. Look at the requirements for the Child Citizenship Act below. And exactly what kind of visa is this? It must be an immigration visa. Is this another N-600 or just a US passport issue? No. The children automatically become US citizens. The N-600 and US passport is just proof of their US citizenship. They are not required to obtain these documents to show they are US citizen. It's easier to have them to prove US citizenship than to provide documents that the children met the 4 requirements of the Child Citizenship Act. Would just a tourist visa work for the kids? No. It must be immigration visas. I don't know, just asking. My future wife and stepdaughter were fortunate to have tourist visas, this gave us the opportunity for frequent visits, three months apart was our limit, so we could really get to know each other and intelligently decide whether we wanted to get married or not. Some of her friends came here with that crazy 90 day limit K-1 visa because they didn't have the resources to get a tourist visa. Can say, those marriages didn't work out very well.

This went on for two long years, either I would go down there or she, and her daughter would come up here. We both rushed into marriage in our kid days and lived through 25 years of hell, didn't want to repeat that mistake again. Something the USCIS does not consider, just paying bills and taxes together, screw them, its our lives we are concerned about.

In a certain sense, it boils down to how much delays and how much fees one has to pay.

The Child Citizenship Act. All four requirements must be met at one moment.

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf

The Child Citizenship Act of 2000

On October 30, 2000, the Child Citizenship Act of 2000 (CCA) was signed into law. The new law, Public Law 106-395, amended the Immigration and Nationality Act (INA) to permit foreign-born children –– including adopted children –– to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001.

Which Children Automatically Become Citizens Under the CCA?

Since February 27, 2001, certain foreign-born children of U.S. citizens –– including adopted children –– residing permanently in the United States acquired citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization);

• The child is under 18 years of age;

• The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;

• The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status;

• An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law.

Children of U.S. Armed Forces personnel or U.S. Government employees temporarily stationed abroad will be considered to be “residing in the United States” for purposes of acquisition of citizenship under section 320 of the INA.

Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

Which children qualify for automatic citizenship under the CCA?

Under the CCA, a child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

• At least one adoptive parent is a U.S. citizen,

• The child is under 18 years of age,

• An adopted child meets the requirements applicable to adopted children under immigration law,

• The child is admitted to the United States as a permanent resident, or acquires this status through adjustment of status

• The child is residing permanently in the United States with the child’s citizen parent(s).

Must an application be filed with USCIS to establish a child’s citizenship?

No. If a child qualifies for citizenship under the Child Citizenship Act, the child’s citizenship status is no longer dependent on USCIS approving a naturalization application. The child’s parents may, however, file an application for a certificate of citizenship (Form N-643K) on the child’s behalf to obtain evidence of citizenship.

If a child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law either on the day of admission to the United States or on the day that the last condition for acquiring citizenship is satisfied. If a full and final adoption is completed abroad, and the child meets the requirements applicable to adopted children under the immigration law – for example, in an orphan case, both parents saw the child before or during the foreign adoption proceeding -- the child automatically becomes a citizen on the day he or she is admitted to the United States as an immigrant. If the orphan was adopted abroad, but at least one parent did not see the child before or during the foreign adoption proceeding, the child will become a citizen on the day the citizen parent(s) completes any procedure the State of residence may require to obtain recognition of the foreign adoption. If the orphan’s adoption is completed in the U.S., the child becomes a citizen when the citizen parent(s) obtain(s) a final adoption decree from the proper State court.

Will Eligible Children Automatically Receive Proof of Citizenship –– Such As Citizenship

Certificates and Passports?

Adopted children admitted in the IR-3 category (alien orphan with a finalized adoption abroad), whom both parents saw before or during the foreign adoption proceeding) on or after January 1, 2004, will automatically receive a Certificate of Citizenship within 45 days of admission into the U.S. The IR-3 visa accounts for approximately seventy percent of children adopted by U.S. Citizens, and is for cases where adoptions are made final overseas.

This program eliminates the need for the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens. The program, announced in November 2003, is managed from the USCIS Buffalo, New York District Office.

This special program does not apply to alien child admitted as IR-2 (biological children or adopted children who immigrate under INA section 101(b)(1)(E) instead of or IR-4 immigrants (orphans who will be adopted in the United States or who were adopted abroad, but without having been seen by both parents). The parents of these children may file a Form N-643K to obtain evidence of the child’s citizenship. They would file the Form N-643K with the USCIS district in which they live, not with the Buffalo district.

If parents desire a passport for their child, they should apply for one with the Department of State.

Will the certificate of citizenship reflect any change in an adopted child’s name?

If the adoption decree (whether acquired abroad or in the United States) legally changes an adopted child’s name, the certificate of citizenship will show the child’s new legal name. In some cases, the adoptive parents choose a new name for the adopted child, but are not able actually to change the child’s legal name. If the immigrant visa, adjustment application, or Form I-600 shows the alternative name, USCIS will issue the certificate of citizenship to show both the legal name and the alternative name, such as “LEGAL NAME aka ALTERNATIVE NAME.” Parents should understand that putting the alternative name on the certificate of citizenship DOES NOT legally change the child’s name. If the parents want to change the child’s name legally, they must comply with the relevant requirements of their own State’s law.

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. This only applies to children who not acquire U.S. citizenship at birth. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance. The child does not have to be admitted as a permanent resident; a lawful nonimmigrant admission is enough.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization);

• The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14 –– or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;

• The child is under 18 years of age;

• The child is residing outside the United States in the legal and physical custody of the United States citizen parent;

• The child is temporarily present in the United States –– having entered the United States lawfully and maintaining lawful status in the United States;

• An adopted child must also meet the requirements applicable to adopted children under immigration law.

If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, USCIS may waive the oath requirement.

Edited July 27, 2011 by Jojo92122

[Jojo92122 1,924]

Which Children Automatically Become Citizens Under the CCA?

Since February 27, 2001, certain foreign-born children of U.S. citizens –– including adopted children –– residing permanently in the United States acquired citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization); Mom is in the process of proving she obtained US citizenship at birth from her US citizen father.

• The child is under 18 years of age; Mom's child must be under 18 years old when they are admitted to the US on their IR-2 immigration visas.

• The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent; They will be living in US citizen Mom's legal and physical custody when they enter the US on their IR-2 immigration visas.

• The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status; Mom's child must be admitted as an LPR. All people entering the US on immigration visas become LPRs when they are admitted. Mom is a USC. Her children would receive IR-2 immigration visas after she petitions for them.

• An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law. Not an issue here. Not an issue unless there is an adoption.

Children of U.S. Armed Forces personnel or U.S. Government employees temporarily stationed abroad will be considered to be “residing in the United States” for purposes of acquisition of citizenship under section 320 of the INA.

Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

Edited July 27, 2011 by Jojo92122

[Jojo92122 1,924]

Was not stating any laws or procedures, just saying to check into it. We do have a great deal of inconsistencies in our laws here. Like bringing an immigrant child here, have to pay a bundle for the AOS for that kid, but removing conditions, and automatically becoming a US citizen, well without proof, is practically free once the parent becomes a US citizen.

So would this be a different story if the OP had a US passport, came here for a couple of days to visit her dad and gave birth to her kids, one at a time and received a US birth certificate?

Or are you saying they will automatically be US citizens if they can get a visa to come here and don't have to go through that AOS stuff? And exactly what kind of visa is this? Is this another N-600 or just a US passport issue? Would just a tourist visa work for the kids? I don't know, just asking. My future wife and stepdaughter were fortunate to have tourist visas, this gave us the opportunity for frequent visits, three months apart was our limit, so we could really get to know each other and intelligently decide whether we wanted to get married or not. Some of her friends came here with that crazy 90 day limit K-1 visa because they didn't have the resources to get a tourist visa. Can say, those marriages didn't work out very well.

This went on for two long years, either I would go down there or she, and her daughter would come up here. We both rushed into marriage in our kid days and lived through 25 years of hell, didn't want to repeat that mistake again. Something the USCIS does not consider, just paying bills and taxes together, screw them, its our lives we are concerned about.

In a certain sense, it boils down to how much delays and how much fees one has to pay.

[Jojo92122 1,924]

Was not stating any laws or procedures, just saying to check into it. We do have a great deal of inconsistencies in our laws here. Like bringing an immigrant child here, have to pay a bundle for the AOS for that kid, but removing conditions, and automatically becoming a US citizen, well without proof, is practically free once the parent becomes a US citizen.

So would this be a different story if the OP had a US passport, came here for a couple of days to visit her dad and gave birth to her kids, one at a time and received a US birth certificate?

Or are you saying they will automatically be US citizens if they can get a visa to come here and don't have to go through that AOS stuff? And exactly what kind of visa is this? Is this another N-600 or just a US passport issue? Would just a tourist visa work for the kids? I don't know, just asking. My future wife and stepdaughter were fortunate to have tourist visas, this gave us the opportunity for frequent visits, three months apart was our limit, so we could really get to know each other and intelligently decide whether we wanted to get married or not. Some of her friends came here with that crazy 90 day limit K-1 visa because they didn't have the resources to get a tourist visa. Can say, those marriages didn't work out very well.

This went on for two long years, either I would go down there or she, and her daughter would come up here. We both rushed into marriage in our kid days and lived through 25 years of hell, didn't want to repeat that mistake again. Something the USCIS does not consider, just paying bills and taxes together, screw them, its our lives we are concerned about.

In a certain sense, it boils down to how much delays and how much fees one has to pay.

The Child Citizenship Act does not apply in a stepparent/stepchild situation. Under the CCA, the US citizen parent must be a biological parent or an adopted parent. It cannot be a stepparent.

For the rest of this post, I will presume your stepdaughter is under 18 years old for the entire duration of the examples below.

You would have to adopt your stepdaughter in order for her to derive US citizenship from you under the CCA. I'm pointing this out to eliminate any confusion.

In addition, a K-1 visa is a non-immigrant visa. If your stepdaughter arrives on a K-2, she will have to adjust her status to be an LPR. If you adopt her afterwards, she would automatically be a US citizen.

If you legally adopt your stepdaughter in her home country, you could apply for her as your own child. This would be the exact same situation as the OP's. She would get an IR-2. She is admitted to the US as an LPR. She automatically is a US citizen because she will be under 18 years old, living with her US citizen adopted parent, and was admitted as an LPR.

[Jojo92122 1,924]

Thank you, it's great to see what I have to do in list format, makes its less daunting...I can't apply for a passport until I've sorted out my birth certificate...which I'm currently in the process of doing, we plan to save for a few years too so that we have enough money to start our new life out there...Just one question, if my Dad sponsors my husband does that mean we'll have to live with him for a specific amount of time? We plan to initially stay with him but would like to buy/rent a property relatively soon after we move over...and will we all be able to keep our british citizenship as well as having US citizenship?

Thank you for the thank you. It's always nice to get a thank you.

Your husband does not have to live with your Dad. It is not a requirement for the I-864 sponsorship.

US laws does not address dual citizenship. If a person has US citizenship, the US government treats that person as a US citizen and will ignore the dual citizenship [i.e., no need for visas to enter the US, and no calls to the UK Embassy (foreign embassy)if you get arrested].

I believe the UK does accept dual citizenship. You will need to look at the laws there to see how you and your family can maintain UK citizenship after becoming US citizens.

Edited July 27, 2011 by Jojo92122

[NickD 203]

The Child Citizenship Act does not apply in a stepparent/stepchild situation. Under the CCA, the US citizen parent must be a biological parent or an adopted parent. It cannot be a stepparent.

For the rest of this post, I will presume your stepdaughter is under 18 years old for the entire duration of the examples below.

You would have to adopt your stepdaughter in order for her to derive US citizenship from you under the CCA. I'm pointing this out to eliminate any confusion.

In addition, a K-1 visa is a non-immigrant visa. If your stepdaughter arrives on a K-2, she will have to adjust her status to be an LPR. If you adopt her afterwards, she would automatically be a US citizen.

If you legally adopt your stepdaughter in her home country, you could apply for her as your own child. This would be the exact same situation as the OP's. She would get an IR-2. She is admitted to the US as an LPR. She automatically is a US citizen because she will be under 18 years old, living with her US citizen adopted parent, and was admitted as an LPR.

This part I fully comprehend, just happened to have a stepkid and had to go through the whole ball of wax immigration procedure with her. Was thinking more about Louise as being a US citizen, and it appears her kids will be US citizens automatically once she comes here.

It was great of you to post that child act, if I read it correctly, seems like Louise, after she sorts herself out, should be able to go to a US consulate, get her US passport, bring her kids birth certificates and get them US passports as well. See one problem, their birth certificates would reflect they are foreign born. Too bad they don't have a five buck birth certificate that states their parent is a US citizen. Only option that I am aware of for their lifetime here is that N-600.

Trying to beat the immigration system with my stepdaughter, did try to adopt her, but this had to be done in Venezuela, even with her and her mom's consent, would take six years, and cost me both arms and legs. Namely, the six years. So was out of the question, so had to settle having a stepkid. Even though her biological father abandoned her six years prior to us meeting, this cost me an arm for legal fees to get his permission to come here. Louise won't have this problem, hope all works well for her, and her husband will be the only immigrant.

[Jojo92122 1,924]

This part I fully comprehend, just happened to have a stepkid and had to go through the whole ball of wax immigration procedure with her. Was thinking more about Louise as being a US citizen, and it appears her kids will be US citizens automatically once she comes here.

It was great of you to post that child act, if I read it correctly, seems like Louise, after she sorts herself out, should be able to go to a US consulate, get her US passport, bring her kids birth certificates and get them US passports as well. See one problem, their birth certificates would reflect they are foreign born. Too bad they don't have a five buck birth certificate that states their parent is a US citizen. Only option that I am aware of for their lifetime here is that N-600.

Trying to beat the immigration system with my stepdaughter, did try to adopt her, but this had to be done in Venezuela, even with her and her mom's consent, would take six years, and cost me both arms and legs. Namely, the six years. So was out of the question, so had to settle having a stepkid. Even though her biological father abandoned her six years prior to us meeting, this cost me an arm for legal fees to get his permission to come here. Louise won't have this problem, hope all works well for her, and her husband will be the only immigrant.

Louise cannot go the US consulate and get US passports for her kids. The kids will not qualify for the US passports because they are not US citizens. Louise does not meet the US residency requirement to pass US citizenship to her kids. Louise must petition for the kids. They must be admitted to the US on immigration visas in order to gain US citizenship under the CCA.

The law is flawed in my opinion because it is a waste of money, time, and consular resources. Louise should be able to just get US passports for her kids, but US laws does not allow this. She will have to petition for her kids in order for them to gain US citizenship.

If you adopt your stepdaughter in the US after she becomes an LPR, she will automatically become a US citizen. Alternatively, when her mom becomes a US citizen and she is still under the age of 18, she will automatically become a US citizen.

Edited July 27, 2011 by Jojo92122

[NickD 203]

Louise cannot go the US consulate and get US passports for her kids. The kids will not qualify for the US passports because they are not US citizens. Louise does not meet the US residency requirement to pass US citizenship to her kids. Louise must petition for the kids. They must be admitted to the US on immigration visas in order to gain US citizenship under the CCA.

The law is flawed in my opinion because it is a waste of money, time, and consular resources. Louise should be able to just get US passports for her kids, but US laws does not allow this. She will have to petition for her kids in order for them to gain US citizenship.

If you adopt your stepdaughter in the US after she becomes an LPR, she will automatically become a US citizen. Alternatively, when her mom becomes a US citizen and she is still under the age of 18, she will automatically become a US citizen.

Louise should be asking these questions, filing a I-130 without all those other forms is foreign to me, is that the only form she has to file for her kids? What comes after she brings the kids to the USA, are they considered US citizens then? What if they came here with a tourist visa? Not even sure why I am involved with this. Have friends in the military that didn't care about their kids at the time, but certainly do now. Guess better late than never.

Stepdaughter did get her US citizenship last March, already 21, her biological father didn't want anything to do with her, and certainly would not have given his permission to be adopted. That is life, but we managed to make a family out of it. We are still trying to get my step son here, Obama or the DOS completely lost interest in Latin America, the middleeast and Africa are of their greatest interest now. To complicate matters, Chavez kicked out the American ambassador, so we did the same. Well not we, we can get along, but our leaders can't.