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Posted

Hi,

Wonder if anyone can help. I tried to get US passports for my kids in the UK but can't proove my 5 years residency in USA so was refused. However a clerk at the Embassy told me if I went to the USA, the kids would be considered US citizens the minute they crossed the boarder. Can anyone confirm this?

Also, if this is so, would I be able to go and get them a US passport while we're there?

Thanks for any help,

F :)

ps. The resaon I want to do this is we need to run away from their abusive (UK cisitzen)dad, so any ideas about bypassing the 2 parent consent would be appreciated too.

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

Hi,

Wonder if anyone can help. I tried to get US passports for my kids in the UK but can't proove my 5 years residency in USA so was refused. However a clerk at the Embassy told me if I went to the USA, the kids would be considered US citizens the minute they crossed the boarder. Can anyone confirm this?

Also, if this is so, would I be able to go and get them a US passport while we're there?

Thanks for any help,

F :)

ps. The resaon I want to do this is we need to run away from their abusive (UK cisitzen)dad, so any ideas about bypassing the 2 parent consent would be appreciated too.

When you say UK kids, do you mean that is where they currently live or that is where they were born? Also if you do not mind me asking, did you obtain naturalization before or after they were born?

Wifey's Process

Married:----------------------------2003-09-17

I-130 Sent:-------------------------2011-09-30

I-130 NOA:--------------------------2011-10-07

I-130 RFE:--------------------------2011-11-12---Request German Marriage Certificate/w translation

Mailed in Marriage Cert:------------2011-11-21

Notified Cert not received:---------2012-01-03

Appt @ USCIS for Cert:--------------2012-01-11

I-130 Approved:---------------------2012-01-11

Interview Date:---------------------2012-02-01

Interview Result:-------------------Approved

Visa Received:----------------------2012-02-10

POE Baltimore:----------------------2012-02-22

Kids' Process

I-130 turned in:--------------------2012-02-01

Consulate unsure how to proceed-----2012-05-01--They have to research and consult higher headquarters

I-130's approved--------------------2012-05-21

Posted

When you say UK kids, do you mean that is where they currently live or that is where they were born? Also if you do not mind me asking, did you obtain naturalization before or after they were born?

I was Naturalized way before they were born. We currently live and they were born in the UK.

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

You need to be very careful, running away to another country with your kids without their father's consent is abducting them, you're facing a hell lot of trouble... You should really talk to a lawyer.

Correct. The only way around the consent rule is if dad was currently incarcerated then you can have a judge grant you lone custody.

Wifey's Process

Married:----------------------------2003-09-17

I-130 Sent:-------------------------2011-09-30

I-130 NOA:--------------------------2011-10-07

I-130 RFE:--------------------------2011-11-12---Request German Marriage Certificate/w translation

Mailed in Marriage Cert:------------2011-11-21

Notified Cert not received:---------2012-01-03

Appt @ USCIS for Cert:--------------2012-01-11

I-130 Approved:---------------------2012-01-11

Interview Date:---------------------2012-02-01

Interview Result:-------------------Approved

Visa Received:----------------------2012-02-10

POE Baltimore:----------------------2012-02-22

Kids' Process

I-130 turned in:--------------------2012-02-01

Consulate unsure how to proceed-----2012-05-01--They have to research and consult higher headquarters

I-130's approved--------------------2012-05-21

Posted

You need to be very careful, running away to another country with your kids without their father's consent is abducting them, you're facing a hell lot of trouble... You should really talk to a lawyer.

Not helpful - and abducting vs protecting depends on which side of the fence you are sitting. I'm looking for citizenship advice, not moral admonishment.

Filed: IR-1/CR-1 Visa Country: Germany
Timeline
Posted

I was Naturalized way before they were born. We currently live and they were born in the UK.

So technically you were a USC when they were born? do you have Dual-citizenship?

Wifey's Process

Married:----------------------------2003-09-17

I-130 Sent:-------------------------2011-09-30

I-130 NOA:--------------------------2011-10-07

I-130 RFE:--------------------------2011-11-12---Request German Marriage Certificate/w translation

Mailed in Marriage Cert:------------2011-11-21

Notified Cert not received:---------2012-01-03

Appt @ USCIS for Cert:--------------2012-01-11

I-130 Approved:---------------------2012-01-11

Interview Date:---------------------2012-02-01

Interview Result:-------------------Approved

Visa Received:----------------------2012-02-10

POE Baltimore:----------------------2012-02-22

Kids' Process

I-130 turned in:--------------------2012-02-01

Consulate unsure how to proceed-----2012-05-01--They have to research and consult higher headquarters

I-130's approved--------------------2012-05-21

Posted

Ok, thank you everyone for your concern about my private life - For your information I do already have a handle on that and merely added a PS looking for an easier way around IF anyone knew of one. I would be grateful if no further messages about the morality or legality of removing my kids from harm were posted.

If you have any information on whether if I went to the USA, the kids would be considered US citizens the minute they crossed the border, and if this is so, would I be able to go and get them a US passport while we're there, I would love to hear it.

Posted

Do you have 5 years of US residency after age 14? That's still required for your kids to be considered citizens.

You won't be able to get an American passport without their father's consent or permission from a judge, though, even if they do meet citizenship requirements.

Here are the rules on citizenship for children of USCs: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Posted

I don't know if this information helps.... http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

As for proving that you had residence in the US for at least 5 years, did you attend school here?? Maybe get in touch with the school system you attended?? How long ago did you leave the US?? Did you have bills in your name if you were an adult? It doesn't read very clearly....and I don't know if I would trust the clerk at the embassy. Maybe consult with an immigration attorney?

I'm sorry you're finding yourself in this position. I'm sure no one is judging but really just wanting to be sure you protect yourself and your kids legally.

10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued

04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

03/09/2019- Sent I-130 to Chicago lock box for step-son

03/20/2019- NOA 1

08/10/2019-NOA 2

Posted

Do you have 5 years of US residency after age 14? That's still required for your kids to be considered citizens.

You won't be able to get an American passport without their father's consent or permission from a judge, though, even if they do meet citizenship requirements.

Here are the rules on citizenship for children of USCs: http://www.uscis.gov...000b92ca60aRCRD

Its actually 5 years total with AT LEAST 2 years after the age of 14.

10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued

04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

03/09/2019- Sent I-130 to Chicago lock box for step-son

03/20/2019- NOA 1

08/10/2019-NOA 2

Posted

10/26/03 Met in Yahoo chat room
06-2004 Glyn flies to Boston for 2 week holiday with me in White Mountains
06/07/2006- HE PROPOSES!!
12/13/2006- Glyn and Simon the best man fly in for wedding.
December 16,2006- Happiest day of my life
12/25/2006- Best and worst Christmas ever. Glyn flies back to England at 6 pm Christmas Night.
02/19/2007- UK spousal visa approved in NY after only 4 days.
March 2,2007- Reunited in England with Glyn.
01/21/2008-mailed I-130 to USCIS in London
01/24/2008-NOA1
04/13/2008-Panic. RFE received
April 17, 2008-Mailed off again.
April 22, 2008-NOA2 received dated April 21, 2008.
April 26, 2008-Packet 3 received
April 28, 2008-Mailed off DS-230
May06,2008-Packet 3 sent
May 08, 2008-Medical scheduled
May 22,2008-Packet 4 received
June 03,2008-Interview APPROVED!!!!!

June 04, 2008-Visa in hand
June 20, 2008-Shippers come for our things.
June 25, 2008-Flying to the USA
November 15, 2010-Sent off VERY late I-751 along with many prayers.
04/09/2011-10 year GC arrives in mail.
09/08/2011-Glyn leaves for UK
01/30/2012-Biometrics for UK spousal & dependent visas sent out w/ application same day
02/24/2012-UK settlement visas issued

04/16/2013-I-130 sent off-----04/19/2013 NOA1

05/15/2013-NOA2

Never received packet 3 although it was mailed to us on May 29th

07/17/2013-Sent off packet 3 after finally getting ALL our documents together

08/19/2013-Medical scheduled (there were earlier appointments but unfortunately, we couldn't get there for them due to hubby's work)

09/24/2013-Interview APPROVED

11/01/2013-POE BOSTON

01/13/2014-10 Year green card received

03/09/2019- Sent I-130 to Chicago lock box for step-son

03/20/2019- NOA 1

08/10/2019-NOA 2

Posted (edited)

Its actually 5 years total with AT LEAST 2 years after the age of 14.

You're right, my apologies!

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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