Procedure for K2 Citizenship

[lufthgiled 6]

Hi Good day..

May I ask you regarding to my case? I hope you can help me.

Here it is:

I gave birth on 2005. My Fiance went to USA 2006 and became a USC last 2011 thru naturalization. We have a daughter and this is our K2. She's biological child of my fiance (K1/K2 Petitioner).

I attended the CFO today and ask the counselor about citizenship for my child. I said to her that Somebody told me that my child can apply Citizenship right after she got her Green card in USA.. The counselor said that, that is not possible because the child was born 2005 and my fiance was not a usc that time so our child (k2) cannot apply for crba. I told her again, that some told me that my k2 is eligible to apply citizenship right after she receive her greencard because her father is now a usc and she's a minor. And again the counselor told me that my k2 needs to be a permanent resident for 5 yrs in USA and must be an 18 y/o to apply USC. Now I am confused because two people told me that my child is eligible but the counselor disagree..

What do you think? Please Help..

Thanks

[Penguin_ie 5,993]

**** Moving from K1 to US Citizenship discussion ****

[suzeegb 0]

I found this information about K2 and becoming a USC

If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.

[lufthgiled 6]

So are you saying that my k2 needs to do the procedure same as K1 beneficiary?

[suzeegb 0]

Your Fiance would have had to of been a USC before the child was born, for the child to get automatic citizenship - or at least that is my understanding. When you qualify for your USC your child could then qualify for it also.

[Autumnal 25]

When the permanent resident becomes a USC, any LPR children under 18 s/he has automatically become USCs too. They can apply for a naturalization certificate (N-600) of their own, which is awfully expensive, or a passport, which will also confirm their citizenship for about a quarter the cost. Most USC children are advised to get a passport, according to the IO officers I've talked to.

If your child was born to a USC parent who was a citizen at time of birth, she may already be a US citizen in her own right. Who it is conveyed to and how depends on the date of birth, and a few other factors like if the USC has ever lived in the US, for how long, and how long ago. That's its own can of worms you would be advised to post in the CRBA forum.

From my understanding, though, if your daughter was born prior to your husband attaining his naturalization, she is not eligible to register via CRBA. But she -is- eligible for sponsorship of permanent residency (K2) and then obtaining citizenship from there on the basis of the petitioner's status.

[lufthgiled 6]

When the permanent resident becomes a USC, any LPR children under 18 s/he has automatically become USCs too. They can apply for a naturalization certificate (N-600) of their own, which is awfully expensive, or a passport, which will also confirm their citizenship for about a quarter the cost. Most USC children are advised to get a passport, according to the IO officers I've talked to.

If your child was born to a USC parent who was a citizen at time of birth, she may already be a US citizen in her own right. Who it is conveyed to and how depends on the date of birth, and a few other factors like if the USC has ever lived in the US, for how long, and how long ago. That's its own can of worms you would be advised to post in the CRBA forum.

From my understanding, though, if your daughter was born prior to your husband attaining his naturalization, she is not eligible to register via CRBA. But she -is- eligible for sponsorship of permanent residency (K2) and then obtaining citizenship from there on the basis of the petitioner's status.

Okay.

We are beneficiary of k1 and k2 and going to USA on 21st of this month.

The counselor I spoke to yesterday told me that my child is NOT eligible in applying citizenship right after she get her green card because she will have 2 yrs conditional residency and needs to live physically in USA atleast 5years BUT since my child is turning 8y/o months later plus 5years of physical living in USA she will be only 13 years old and still NOT eligible in applying citizenship because she's not 18yrs old.

I am so confused right now. We want to settle our child's status once we get in the US this month.

Thanks in advance for your upcoming replies.

[lufthgiled 6]

Our petitioner is my fiance and biological father of k2. and I am k1.

here it goes:

My fiance and I live together - 2004 - early 2006

I got pregnant 2005 and gave birth Oct 2005 and while I am pregnant my fiance was approve and got his Immigrant Visa but our child that time was in my womb

my fiance got in USA because he was under petitioned by his mom

Early 2006 he left and flew to USA

Year 2011 he was naturalized USC

Dec 2012 he filed K1 / K2

We got approve and settle all the required documents and got our K1 / K2 Visa this month

And now on 21st day of June this year, we will go to USA.

all needs for wedding is settled.

Now I wanna know about how my K2 will be a USC right away?

please guys help me to enlight my mind.. please

and thanks!

[Hank_ 9,174]

Hi Good day..

May I ask you regarding to my case? I hope you can help me.

Here it is:

I gave birth on 2005. My Fiance went to USA 2006 and became a USC last 2011 thru naturalization. We have a daughter and this is our K2. She's biological child of my fiance (K1/K2 Petitioner).

I attended the CFO today and ask the counselor about citizenship for my child. I said to her that Somebody told me that my child can apply Citizenship right after she got her Green card in USA.. The counselor said that, that is not possible because the child was born 2005 and my fiance was not a usc that time so our child (k2) cannot apply for crba. I told her again, that some told me that my k2 is eligible to apply citizenship right after she receive her greencard because her father is now a usc and she's a minor. And again the counselor told me that my k2 needs to be a permanent resident for 5 yrs in USA and must be an 18 y/o to apply USC. Now I am confused because two people told me that my child is eligible but the counselor disagree..

What do you think? Please Help..

Thanks

Same answer as before.

"Somebody" is wrong... bad information.

NO the child does not get "automatic" citizenship as the father was not a USC at the time of birth.

Child will do AOS and follow along with you (mother) in the process to GC and finally citizenship (after three 3 years of residency)

Here is a link to the USCIS information NATURALIZATION

Edited June 11, 2013 by Hank_

[BigDaddy28 228]

Your kid cannot become a citizen through his father because his father wasn't a citizen at the time of birth. But if you get your citizenship after the required time and the baby of course has his green card, he will be automatically a citizen when you become a citizen. Good luck.

[aaron2020 11,651]

Lots of bad information on this thread.

The k-2 beneficiary is the biological child of the petitioner.

At the time of her birth, dad was an LPR so she did not get automatic US citizenship. Dad became a US citizen after her birth.

When she enters the US on the K-2, she will NOT be a US citizen because the K-2 is a non-immigrant visa which does not meet the "admitted as an LPR" requirement if the Child Citizenship Act.

The K-2 adjustment if status to a green card is done on the AOS for mom. There is no additional fee if done at the same time.

Child will get a green card. That fulfills the 4th requirement of the Child Citizenship Act which means the child automatically gets US citizenship.

Go get the child a US passport as proof if her US citizenship.

----

So after K-2, child must adjust status to green card holder to get derivative US citizenship from USC dad.

[newacct 688]

Lots of bad information on this thread.

The k-2 beneficiary is the biological child of the petitioner.

At the time of her birth, dad was an LPR so she did not get automatic US citizenship. Dad became a US citizen after her birth.

When she enters the US on the K-2, she will NOT be a US citizen because the K-2 is a non-immigrant visa which does not meet the "admitted as an LPR" requirement if the Child Citizenship Act.

The K-2 adjustment if status to a green card is done on the AOS for mom. There is no additional fee if done at the same time.

Child will get a green card. That fulfills the 4th requirement of the Child Citizenship Act which means the child automatically gets US citizenship.

Go get the child a US passport as proof if her US citizenship.

----

So after K-2, child must adjust status to green card holder to get derivative US citizenship from USC dad.

This is correct.

In other words, what the OP heard is pretty much exactly correct (except for the fact that the child doesn't "apply Citizenship"; the child automatically becomes a citizen after getting her green card):

I said to her that Somebody told me that my child can apply Citizenship right after she got her Green card in USA.

[lufthgiled 6]

Lots of bad information on this thread.

The k-2 beneficiary is the biological child of the petitioner.

At the time of her birth, dad was an LPR so she did not get automatic US citizenship. Dad became a US citizen after her birth.

When she enters the US on the K-2, she will NOT be a US citizen because the K-2 is a non-immigrant visa which does not meet the "admitted as an LPR" requirement if the Child Citizenship Act.

The K-2 adjustment if status to a green card is done on the AOS for mom. There is no additional fee if done at the same time.

Child will get a green card. That fulfills the 4th requirement of the Child Citizenship Act which means the child automatically gets US citizenship.

Go get the child a US passport as proof if her US citizenship.

----

So after K-2, child must adjust status to green card holder to get derivative US citizenship from USC dad.

Our petitioner is my fiance and biological father of k2. and I am k1.

here it goes:

My fiance and I live together in Philippines - 2004 - early 2006

I got pregnant 2005 and gave birth Oct 2005 and while I am pregnant my fiance was approve and got his Immigrant Visa in USEM-Manila

but our child that time was in my womb.

My fiance went to USA when our child was 4mos old..

my fiance got in USA because he was under petitioned by his mom

Early 2006 he left and flew to USA (our child was 4mos old only)

Year 2011 he was naturalized USC

Dec 2012 he filed K1 / K2

We got approve and settle all the required documents and got our K1 / K2 Visa this month

And now on 21st day of June this year, we will go to USA.

all needs for wedding is settled.

Now I wanna know the steps or if she's still eligible for USC without waiting the 3yrs?

please help me to enlight my mind.. please

and thanks!

[suzeegb 0]

Edited June 12, 2013 by suzeegb

[aaron2020 11,651]

Our petitioner is my fiance and biological father of k2. and I am k1.

here it goes:

My fiance and I live together in Philippines - 2004 - early 2006

I got pregnant 2005 and gave birth Oct 2005 and while I am pregnant my fiance was approve and got his Immigrant Visa in USEM-Manila

but our child that time was in my womb.

My fiance went to USA when our child was 4mos old..

my fiance got in USA because he was under petitioned by his mom

Early 2006 he left and flew to USA (our child was 4mos old only)

Year 2011 he was naturalized USC

Dec 2012 he filed K1 / K2

We got approve and settle all the required documents and got our K1 / K2 Visa this month

And now on 21st day of June this year, we will go to USA.

all needs for wedding is settled.

Now I wanna know the steps or if she's still eligible for USC without waiting the 3yrs?

please help me to enlight my mind.. please

and thanks!

I've outlined how your daughter will obtain US citizenship in my previous post.

Here is the simple explanation. Your daughter will be a US citizen when she gets a green card.

Your daughter enters the US in the K-2. When you adjust your status to get your green card, you include your daughter in your case. Once your daughter gets her green card, she automatically gets US citizenship based on the Child Citizenship Act. She then applies for a US passport as proof she's a US citizen.

Only your daughter will get automatic US citizenship when she gets a green card.

You will not be a US citizen when you get your green card.. You do not get automatic US citizenship. You would need to be a green card holder for at least three years before you can take the US ciizzenshio test.

Edited June 12, 2013 by aaron2020