Citizenship

[kenvr 0]

Greetings,

My Wife and stepson (14) have been here in US over 3 years now and im wondering if they can file for US citizenship now. They have had there green cards and been in no trouble since being here. Also im confused about there passports as they expire soon. Not being a US citizen yet do they get a US passport or a Philippines passport? If the latter where on earth would you get that. Thank you in advance for your input.

[brett and alma 12]

What i've heard if you were married there ,in the u.s,it will take only 3 years but if you were married abroad,it will take 5 years.yes you can renew your passport through philippine embassy.contact one of many philippine embassy in the U.S and make the arrangements.

Edited October 15, 2012 by brett and alma

[Tahoma 2,292]

Check out the date her conditional Green Card was issued. That's when the citizenship clock starts ticking. She can apply for citizenship three years from the date on her first Green Card minus 90 days. For example, if the date on her conditional Green Card is 2-1-10, then the earliest she can apply for citizenship is 90 days before 2-1-13.

I'm not sure what the rules are for your stepson's citizenship.

As for their Philippines passports, they can be renewed by either a personal appearance at the Philippines Consulate which has jurisdiction over where you were married, or at one of that Consulate's outreach programs. However, if you haven't done so already, you first will have to file a report of your marriage at the Philippines Consulate that has jurisdiction over where you were married. This can be done by mail or at an outreach program. The details are on the Philippines Consulate's website.

Or, you can let their Philippines passports expire and get U.S. passports when they become U.S. citizens

Edited October 15, 2012 by Tahoma

[Kazulie 132]

What i've heard if you were married there ,in the u.s,it will take only 3 years but if you were married abroad,it will take 5 years.yes you can renew your passport through philippine embassy.contact one of many philippine embassy in the U.S and make the arrangements.

it doesn't matter if you were married here or there.

you can apply 90 days before 3 years of having your green card (if you are still married) or 90 days before 5 years of having your green card (if you are divorced).

[NickD 203]

it doesn't matter if you were married here or there.

you can apply 90 days before 3 years of having your green card (if you are still married) or 90 days before 5 years of having your green card (if you are divorced).

Still have to meet the residency requirement and be married for at least three years before applying, Green card can be 90 days short of its third anniversary. All these requirements are listed in the N-400 form site.

Whether you have to maintain your home countries passport or not after receiving your US passport depends upon your home country, this information is in the DOS website. Unfortunately we do if my wife wants to visit her home country, a real pain in the butt, as the nearest consulate is hundreds of miles away and she has to show up in person.

USCIS lied to us when they told us they are citizens of the USA just like they were born here, but again, no longer dealing with the USCIS, but now the DOS, an entirely different agency with their own set of regulations. I can travel freely to my wife's home country with my US passport, because I was born here. She cannot because her home country of birth is listed on her US passort, she must maintain citizenship in her home country to visit. DOS claims to found on dual citizenship, but their laws force you to do so, the hypocrites.

Your stepson will automatically become a US citizen at age 14 when your wife is naturalized. But without any proof, to get that proof need to file an N-600, another six month wait, another trip to the field office, and another 600 bucks. But could also go directly to the DOS and provide all that proof again and just get a US passport, but still leave an open book with the USCIS. Since he is under 16, will need permission from the biological parent before he can get his US passport. You already provided that proof to the USCIS when you brought him here. But again dealing with a different agency with different sets of regulations.

I would definitely go with the N-600, close the books with the USCIS, and then just send his certificate to the DOS for his US passport. Whether he still needs to maintain his home countries citizenship, somebody from that country will know the answer to that. With over 200 foreign countries, each country has its own rules.

[Tahoma 2,292]

NickD...Interesting analysis. Thanks for that.

Fortunately, Filipinos don't have to maintain a Philippines passport after they become U.S. citizens.

[DouglasFiel 53]

Assuming you are a US citizen. Your wife is able to apply for citizenship 90 days before her 3 year anniversary of arrival. Example. My wife arrive 8/24/09 applied for citizenship N400 5/25/12 and received her citizenship on 9/25/12. She applied for her US passport on 9/25/12 (using her cert of citizenship).

Side note. you do not have to apply for an N-600 for the stepson if you do not want... You can just apply for a passport for him using the Wifes Cert of citizenship papers. The US passport will

then become proof of citizenship for him... Cheaper and quicker.

Regards,

dc