My son turns 21 next year

[FlowerChild569 0]

Hello... I'm really hoping someone on here can help me with this...

I'm a Canadian who's engaged to someone living in the U.S.. we're in the process of dealing with the K1 visa package... My son will be turning 21 in November. I was wondering if there is a way for me to get my son dual citizenship before he turns 21 as I hear it is much easier than waiting for after. He really doesn't want to live in the U.S. at this time but would like the opportunity in the future. Is there a way this can be done? If he follows me once I'm approved.. how long will he have to stay in the U.S. before he's able to come back to Canada?

Looking forward to hearing from someone sooooon

thank youuuuuuuuuuu

[NigeriaorBust 4,087]

There is no way for him to get chitizenship until much later. Had he been a minor he could have gotten it when you get yours in 4 years or so. But now you will have to wait until you are a PR if he wants to live in the states. Petition him as an adult son which takes years then he would have to maintain residency for 5 years

[aaron2020 11,651]

Hello... I'm really hoping someone on here can help me with this...

I'm a Canadian who's engaged to someone living in the U.S.. we're in the process of dealing with the K1 visa package... My son will be turning 21 in November. I was wondering if there is a way for me to get my son dual citizenship before he turns 21 as I hear it is much easier than waiting for after. He really doesn't want to live in the U.S. at this time but would like the opportunity in the future. Is there a way this can be done? If he follows me once I'm approved.. how long will he have to stay in the U.S. before he's able to come back to Canada?

Looking forward to hearing from someone sooooon

thank youuuuuuuuuuu

When is he turning 21? This November or next year?

If he is turning 21 next year, then he can immigrate to the US as a k-2 visa derivative of your k-1 visa.. He must live in the US. There is nothing that allows him to get a green card and live in Canada. A green card is for living in the US.

If he is turning 21 this year, then it is too late. He ha about 7-8 years before he can immigrate to the US.

Immigration and marriage to a US citizen does not get you or your son US citizenship.

Your first chance at US citizenship will be after 1) having a green card for 3 years and 2) be living with your US citizen spouse for 3 years.

At age 20, your son is too old to ever get automatic US citizenship through a parent.

There is no immigration benefit for your son that he can claim now and wait in Canada.

Your husband can never petition for your son because the stepparent/stepchild relationship did not start before your son's 18 birthday.

This is the only way your son can immigrate through a family member is for for you to petition for him after you get your green card. It will be 7 years before your son can immifeate to the US. If he gets marry while you are a green card holder, he cannot immigrate on the petition you file.

Edited November 23, 2012 by aaron2020

[FlowerChild569 0]

When is he turning 21? This November or next year?

If he is turning 21 next year, then he can immigrate to the US as a k-2 visa derivative of your k-1 visa.. He must live in the US. There is nothing that allows him to get a green card and live in Canada. A green card is for living in the US.

If he is turning 21 this year, then it is too late. He ha about 7-8 years before he can immigrate to the US.

Immigration and marriage to a US citizen does not get you or your son US citizenship.

Your first chance at US citizenship will be after 1) having a green card for 3 years and 2) be living with your US citizen spouse for 3 years.

At age 20, your son is too old to ever get automatic US citizenship through a parent.

There is no immigration benefit for your son that he can claim now and wait in Canada.

Your husband can never petition for your son because the stepparent/stepchild relationship did not start before your son's 18 birthday.

This is the only way your son can immigrate through a family member is for for you to petition for him after you get your green card. It will be 7 years before your son can immifeate to the US. If he gets marry while you are a green card holder, he cannot immigrate on the petition you file.

Thank you for this information aaron2020.. My son turns 21 next year. My interview with the embassy in Canada should be coming up soon. If he chooses to come with me at the same time I go... and we wait to receive PR... How long would he have to stay in the U.S. before he can come back to Canada?

From what I understand... he's able to keep his Canadian citizenship. Will he be able to choose to live in either place at any point?

There is no way for him to get chitizenship until much later. Had he been a minor he could have gotten it when you get yours in 4 years or so. But now you will have to wait until you are a PR if he wants to live in the states. Petition him as an adult son which takes years then he would have to maintain residency for 5 years

Thank you for your response. If he chooses to come with me at the same time... and we wait till we both get our PR... how long will he have to stay in the U.S. until he's able to come back to Canada?

[apple21 953]

Thank you for this information aaron2020.. My son turns 21 next year. My interview with the embassy in Canada should be coming up soon. If he chooses to come with me at the same time I go... and we wait to receive PR... How long would he have to stay in the U.S. before he can come back to Canada?

From what I understand... he's able to keep his Canadian citizenship. Will he be able to choose to live in either place at any point?

As an LPR/Green Card Holder, you have to maintain residency in the US. If an LPR stays outside the US for more than 6 months, he is likely to lose his LPR status. If your son wants to go to Canada and stay there for more than 6 months, then he should apply for a RE-ENTRY PERMIT before he leaves the US. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

A re-entry permit has a maximum validity of 2 YEARS. Your son will have to be back in the US before the 2-yr re-entry permit expires so he doesn't lose his green card.

Edited November 23, 2012 by apple21

[FlowerChild569 0]

O.. okay... So... it takes about 3 or 4 yrs to become an LPR/Green Card Holder?

[TBoneTX 46,124]

*** Thread moved from AOS/Family-Based forum to Bringing Family Members of Permanent Residents forum -- this appears to be OP's eventual path. ***

[apple21 953]

O.. okay... So... it takes about 3 or 4 yrs to become an LPR/Green Card Holder?

Under K1, after you marry your US citizen fiancee, you can apply to Adjust Status so you can have your 2-yr Conditional Green Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/USCIS/Resources/A2en.pdf

http://www.uscis.gov/files/form/i-129finstr.pdf

[FlowerChild569 0]

Thank you apple21... the following is what I've been wondering about:

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

So if I add my son on the I-29F petition and he joins me at the time of the move... We apply for PR... How long till we get PR? and then when we get it... is that when he can leave if he applies for re-entry and come back before the 2 yrs expire?

[aaron2020 11,651]

Thank you apple21... the following is what I've been wondering about:

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

So if I add my son on the I-29F petition and he joins me at the time of the move... We apply for PR... How long till we get PR? and then when we get it... is that when he can leave if he applies for re-entry and come back before the 2 yrs expire?

You should absolutely list your son even if he decides he may not want to use the K-2 visa.

A K-2 visa holder must enter the US before his 21st birthday. The K-2 visa becomes invalid on his 21st birthday.

It will take about 5-6 months to get your PR status. Your son should not leave until he gets his EAD/AP card; if he leaves before, he abandons the process. The EAD/AP card will arrive about 2-3 months after you apply.

After your son gets his PR status, he can apply for a re-entry permit. With the re-entry permit, he can be outside the US for up to 2 years.

While your son is outside the US on his re-entry permit and green card, he needs to maintain his ties and PR status in the US. He must file US tax returns (even if he makes all his money outside the US), etc.

Google "maintain legal permanent residency" to find out more about maintaining his PR status while he is outside the US. A green card is a privilege for living in the US. If the green card holder is not using it to live in the US, then it is considered abandoned and will be revoked. So, please be careful about this.

[FlowerChild569 0]

You should absolutely list your son even if he decides he may not want to use the K-2 visa.

A K-2 visa holder must enter the US before his 21st birthday. The K-2 visa becomes invalid on his 21st birthday.

It will take about 5-6 months to get your PR status. Your son should not leave until he gets his EAD/AP card; if he leaves before, he abandons the process. The EAD/AP card will arrive about 2-3 months after you apply.

After your son gets his PR status, he can apply for a re-entry permit. With the re-entry permit, he can be outside the US for up to 2 years.

While your son is outside the US on his re-entry permit and green card, he needs to maintain his ties and PR status in the US. He must file US tax returns (even if he makes all his money outside the US), etc.

Google "maintain legal permanent residency" to find out more about maintaining his PR status while he is outside the US. A green card is a privilege for living in the US. If the green card holder is not using it to live in the US, then it is considered abandoned and will be revoked. So, please be careful about this.

Thank you so much!! You've been very helpful )

[Enigma11561 336]

You should absolutely list your son even if he decides he may not want to use the K-2 visa.

A K-2 visa holder must enter the US before his 21st birthday. The K-2 visa becomes invalid on his 21st birthday.

It will take about 5-6 months to get your PR status. Your son should not leave until he gets his EAD/AP card; if he leaves before, he abandons the process. The EAD/AP card will arrive about 2-3 months after you apply.

After your son gets his PR status, he can apply for a re-entry permit. With the re-entry permit, he can be outside the US for up to 2 years.

While your son is outside the US on his re-entry permit and green card, he needs to maintain his ties and PR status in the US. He must file US tax returns (even if he makes all his money outside the US), etc.

Google "maintain legal permanent residency" to find out more about maintaining his PR status while he is outside the US. A green card is a privilege for living in the US. If the green card holder is not using it to live in the US, then it is considered abandoned and will be revoked. So, please be careful about this.

Spot on. As a K2, as long as he enters the country before his 21st birthday, he can adjust status. Been there.It is always better to have the option to go back as to not being able to come here at all ( or for a very long time). When you send in your paperwork, as Arron said, put him down as a derivative of your K1 ( a/k/a/ K2).

[FlowerChild569 0]

Spot on. As a K2, as long as he enters the country before his 21st birthday, he can adjust status. Been there.It is always better to have the option to go back as to not being able to come here at all ( or for a very long time). When you send in your paperwork, as Arron said, put him down as a derivative of your K1 ( a/k/a/ K2).

Thank you

[ceadsearc 516]

Keep in mind he will need 5 years as an LPR before he can become a citizen. If he stays outside the county for 2 years that time will not count.

[NigeriaorBust 4,087]

You origianlly stated that he isn't interested in living in the US now. If he comes as a K2 he will be commiting to just that , spending the majority of his time in the US. As a Canadian he has a petty easy time to travel back and forth and it might be better to wait and see where he wants to live. At 20 he may have his own life plans.