Procedure for K2 Citizenship

[suzeegb 0]

aaron20 are you sure about that? as I just looked that up and it says that the father had to of been living in the US for 5 years prior to the child's birth. (but I could be reading/understanding the following completely wrong)

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
   • the person is legitimated under the law of his/her residence or domicile,
   • the father acknowledges paternity of the person in writing under oath, or
   • the paternity of the person is established by adjudication of a competent court.

[aaron2020 11,651]

aaron20 are you sure about that? as I just looked that up and it says that the father had to of been living in the US for 5 years prior to the child's birth. (but I could be reading/understanding the following completely wrong)

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father New Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the new Section 309(a) of the INA provided:

• A blood relationship between the person and the father is established by clear and convincing evidence;
• The father had the nationality of the United States at the time of the persons birth;
• The father was physically present in the United States or its outlying possessions prior to the childs birth for five years, at least two of which were after reaching the age of 14.
• The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
• While the person is under the age of 18 years --
• the person is legitimated under the law of his/her residence or domicile,
• the father acknowledges paternity of the person in writing under oath, or
• the paternity of the person is established by adjudication of a competent court.

100% sure.

What you posted is about automatic acquisition of US citizenship at TIME OF BIRTH WITH A US CITIZEN PARENT.

The petitioner was not a USC at the time if his child's birth so what you posted does not apply to him or his child.

There are several ways for a child to gain US citizenship. I cannot discuss them all in this thread.

The Child Citizenship Act is the law that is relevant in this case where the biological father gained US citizenship AFTER the child's birth.

4 requirements of CCA.

An unmarried child is automatically a USC when -

1. Has a USC parent; and

2. Lives in the legal custody of the USC parent; and

3. Is under age 18; and

4. Been admitted as an LPR.

A k-2 is a non-immigrant visa which does not meet the 4th requirement. This is why the K-2 must adjust to an LPR to gain US citizenship.

[lufthgiled 6]

100% sure.

What you posted is about automatic acquisition of US citizenship at TIME OF BIRTH WITH A US CITIZEN PARENT.

The petitioner was not a USC at the time if his child's birth so what you posted does not apply to him or his child.

There are several ways for a child to gain US citizenship. I cannot discuss them all in this thread.

The Child Citizenship Act is the law that is relevant in this case where the biological father gained US citizenship AFTER the child's birth.

4 requirements of CCA.

An unmarried child is automatically a USC when -

1. Has a USC parent; and

2. Lives in the legal custody of the USC parent; and

3. Is under age 18; and

4. Been admitted as an LPR.

A k-2 is a non-immigrant visa which does not meet the 4th requirement. This is why the K-2 must adjust to an LPR to gain US citizenship.

Thank you so much aaron2020 I get it clear. Well explained.

Now my fiance and I know what we will going to do once my daughter and I adjust our status. And be an Lpr..

Thank You so Much again.. Really appreciated and Super Big Help!

God Bless

[patrickvivar 0]

how long do i need to wait for the AOS upon application. thanks a lot!!!