USC Children

[SHAr 0]

I have what could possibly be a dumb question. My children are for my USC fiancee .

They are on the k1/k2 application (not yet approved) ,Can they obtain permanent residence witout going through conditional GC phase. I am not too clear having read the USCIS webpage. Thanks for the information.

[eau_xplain 2]

I'm not sure if I understood your situation correctly.

If the children are yours and you are not the USC, they will initially get whatever type of green card you will get. If you get a conditional green card, then so will your children. However, if within the 2 year conditional period, your fiancee (soon to be spouse) will adopt your children, they will then become USCs by virtue of that adoption. I think you will just need to file for a certificate of citizenship for them then.

If your children are also the children of your USC fiancee, then could already be USCs. The USCIS website has details on who can be registered as USCs if they are born in another country.

Edited March 2, 2006 by eau_xplain

[SHAr 0]

I'm not sure if I understood your situation correctly.

If the children are yours and you are not the USC, they will initially get whatever type of green card you will get. If you get a conditional green card, then so will your children. However, if within the 2 year conditional period, your fiancee (soon to be spouse) will adopt your children, they will then become USCs by virtue of that adoption. I think you will just need to file for a certificate of citizenship for them then.

If your children are also the children of your USC fiancee, then could already be USCs. The USCIS website has details on who can be registered as USCs if they are born in another country.

YEs they are for my USC fiancee. They were born abroad 1and 2 years before he was naturalized as an USC .

[meddykomp 0]

Not sure how it works when the USC wasn't a USC before. Hope someone can answer this for you.

[eau_xplain 2]

Check here for details.

Do the birth certificates of your children show your fiance as the father?

[SHAr 0]

Check here for details.

Do the birth certificates of your children show your fiance as the father?

Yes, the birth certificates show my fiance as the father

[meauxna 15]

Check here for details.

Do the birth certificates of your children show your fiance as the father?

I have a feeling it's a bit more complicated than that, when the parent naturalizes after birth. Something to do with applying for the Immigrant Visa for them, and their status converts at entry.

This is worth getting right... the OP should proceed carefully.

[zyggy 9]

Check here for details.

Do the birth certificates of your children show your fiance as the father?

I have a feeling it's a bit more complicated than that, when the parent naturalizes after birth. Something to do with applying for the Immigrant Visa for them, and their status converts at entry.

This is worth getting right... the OP should proceed carefully.

I believe that this is more correct. I do not think that the children are citizens.. but can be once they are admitted as permanent residents...

This is one of those slight hands of law that is worth talking to an attorney about...

[desert_fox 32]

They would not be citizens just because their father is now a naturized citizen. There are additional requirements also when a USC can get citizenship for their kids....you have to had live in the country for so many years before age 15 etc...I dont remember., but you can look them up.

They are certainly entitled to K visa benefits, and he could file now as children of a USC to get them here on a visa as immediate relatives.