Adjustment of Status from K3/K4 Abandoned

[Harpa Timsah 13,258]

So you think the OP naturalized, lived in the US for 5 years (in order to meet residency requirements for jus sanguinis citizenship to children), then had a baby abroad, and then didn't bring the baby to the US until he was finished with High School. You think this happened? II understand it's possible, but it would be the strangest plan I have ever heard of.

The OP said "we wanted him to stay at home until he finished high school" which seems to indicate that the OP naturalized or gained LPR when the son was in High School or about to join. That is the point when she made the decision not to bring him to the US for a few more years.

Anyway, I'm out... this is useless arguing about the most remote and strange life plan the world.

[JimVaPhuong 4,863]

No, the parent must have been a citizen and resided in the US for a period of 5 years after citizenship (and over the age of 14) to pass citizenship to children. I don't see why a parent would be pregnant as a USC and then go to foreign country to give birth and then file for a visa years later. She is doing the right process - the child is not a citizen.

Nope. The 5 years of residence is required, but it doesn't have to be after the US citizen naturalized. They could live in the US as an LPR for five years, become a US citizen, and have a child born abroad the next day. The child would be a US citizen by birth. A good friend of mine became a US citizen about two years ago after living as an LPR for about 15 years, filed a K1 visa petition for his fiancee, and she got pregnant the next time he visited her. Mother and child are now in the US - the child has a CRBA and a US passport.

Edited August 27, 2011 by JimVaPhuong