Is my daughter need to pay green card fee $165?

[Alomusa 10]

Hi All,

I need to know, is my daughter need to pay $165 green card fee when she will enter in USA? She got IV visa. And I am USA citizen. Her visa said, after entering USA her visa work like permanent residence for one year. And I will apply for her citizenship certificate withing 2 months.

So does she need any green card for applying citizenship?

THANKS

[nilx25 18]

Hi All,

I need to know, is my daughter need to pay $165 green card fee when she will enter in USA? She got IV visa. And I am USA citizen. Her visa said, after entering USA her visa work like permanent residence for one year. And I will apply for her citizenship certificate withing 2 months.

So does she need any green card for applying citizenship?

THANKS

How old is your daughter? Even she is going to be citizen in 2 months or not, you better pay for her green card fees. What if her case gets delayed or some unexpected circumstances occur. If your daughter is entering as permanent resident, she should complete the process of obtaining green card. Citizenship is different then her existing immigration so its better not to combine both right now.

[Alomusa 10]

Thanks for your reply.

I think so same. I will pay for her for green card to avoid any other critical issue.

Thanks

[newacct 688]

It's an interesting question. Technically, as soon as she enters the US with the immigrant visa, she is a permament resident (the endorsed visa serves as proof). Not paying the fee may stop them from sending her the plastic card, but doesn't change her status as a permanent resident. And by law, if she's a permanent resident under 18 residing with a US citizen parent in the US, she automatically becomes a US citizen. I'm not sure what difference paying or not paying the fee would make.

[Alomusa 10]

From USCIS.GOV

Children with IR-2 visas that are:

under 18 years old automatically acquire U.S. citizenship upon entry to the United States if they reside in the United States with their parents (U.S. government or military personnel residing overseas may qualify as residing in the U.S.).over 18 years old become permanent residents and receive a green card.

So my 2 years daughter will citizen upon enter. So why she need green card?

Questens!

[Brassballs 47]

Learn something new here everyday!

I'm in same situation. My step-daughter (4yo) just had CR2 interview in the Philippines and already has her passport with visa. She and mom will be traveling with me back to the US on Sep 14. I just finished paying the $165 fee for her at USCIS ELIS site as I previously did for her mother. If nothing else whatever they send will be a nice souvenir for her in later life.

SO when she passes through POE (Chicago) what are the next specific steps and forms I need to file to obtain her citizenship and ultimately US passport? Any other requirements or face to face meetings? All so confusing even at the end of the process!

[newacct 688]

Learn something new here everyday!

I'm in same situation. My step-daughter (4yo) just had CR2 interview in the Philippines and already has her passport with visa. She and mom will be traveling with me back to the US on Sep 14. I just finished paying the $165 fee for her at USCIS ELIS site as I previously did for her mother. If nothing else whatever they send will be a nice souvenir for her in later life.

SO when she passes through POE (Chicago) what are the next specific steps and forms I need to file to obtain her citizenship and ultimately US passport? Any other requirements or face to face meetings? All so confusing even at the end of the process!

For citizenship purposes, a stepchild doesn't count, unless you adopt her. Otherwise she can only get it through her mom when her mom becomes a citizen, or apply on her own when she becomes an adult.

Edited July 25, 2015 by newacct

[aaron2020 11,651]

Learn something new here everyday!

I'm in same situation. My step-daughter (4yo) just had CR2 interview in the Philippines and already has her passport with visa. She and mom will be traveling with me back to the US on Sep 14. I just finished paying the $165 fee for her at USCIS ELIS site as I previously did for her mother. If nothing else whatever they send will be a nice souvenir for her in later life.

SO when she passes through POE (Chicago) what are the next specific steps and forms I need to file to obtain her citizenship and ultimately US passport? Any other requirements or face to face meetings? All so confusing even at the end of the process!

Hi,

A stepparent can not pass US citizenship onto a stepchild.

Since your stepdaughter is coming to the US as an LPR to live with her LPR mom and US citizen stepdad, she remains an LPR. She does not obtain US citizenship and is not qualified for US passport.

When mom becomes a US citizen, then her daughter will become one too.

Under the Child Citizenship Act, a child automatically becomes a US citizen when all four of the following conditions are met;

1. Child is under age 18; AND

2. Child was admitted as an LPR; AND

3. Child has a USC parent; AND

4. Child lives with the USC parent.

"USC parent" is defined as to not include a stepparent.

Best of luck

Edited July 25, 2015 by aaron2020

[Brassballs 47]

After much additional reading (INA is about as easy to read as IRS docs), I put that info together.

I gather that my step-daughter can apply for citizenship:

1> After her mother becomes citizen, or

2> After I legally adopt her.

And my wife can apply for citizenship after how many years of permanent residence? 3 years correct?

Procedurally then for my wife:

Between 1 yr. 9 mos. and 2 yr. of POE date, we need to file an I-751 with ~$600 for removal of conditions;

and then at the 3 yr. point file the N-400 with another ~$600 for citizenship application?

And for my stepdaughter:

Between 1 yr. 9 mos. and 2 yr. of POE date, we need to file an I-751 with ~$600 for removal of conditions;

And either after I legally adopt her OR after her mom becomes citizen at the 3 yr. point above, we can file a N-400 for her.

But if the adoption occurs before 2 yrs. residency I can bypass the I-791 part.

Is that all correct or am I missing something?