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LeilaLyn

Citizenship of my minor children after my naturalization.

By LeilaLyn in US Citizenship General Discussion

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LeilaLyn Explorer

LeilaLyn   4

Posted
Filed: K-1 Visa Country: Argentina
 Timeline
Posted (edited)

Hello everyone!

Once again! A new process starts and I can already feel the headache coming back :sleepy:

I will soon apply for citizenship.

Originally entered the country as K1. Married my American fiancée (now my husband YAAAAAAAAAY, after all!!!!). I have done all the papers up to the Removal of Conditions and I have my "10 years GC" up to date.

I came to the country with 3 children. They are in the same situation I am, all paperwork done and up to date. This children are not my actual husband's kids, they are foreign kids born from my previous marriage overseas. (I am divorced from their dad since long ago and he lives in our country of origin)

Since 2 of my kids are minor (one just turned 17 this month and the other one is 15) I was reading they can get the citizenship though mine once I am naturalized. Is this correct?

I also know the kids can not start the naturalization process until 5 years of residency have passed while I can start it now with 3 years of residency. Sooooooo this means they can’t get the citizenship though mine as minors, because they will not be minors when the 5 years are up????? (Well the younger will be technically a minor because her birthday is in September and the 5 years will be up in August 2017, but still) Or they will get it at the same time I get it??? Or??? I DON'T KNOW!

HELP!! I am mixing things up. I'm sorry! But after reading some stuff here and there I feel my brain is literally mushed...

Any help to clarify this process in a case like mine?

Edited by LeilaLyn

Visa K1

Vermont Service Center

Consulate :Argentina

I-129F Sent : 2011-08-12

I-129F NOA1 : 2011-08-16

Interview Date : 2012-02-02

Visa Received : 2012-02-15

Estimates/Stats :

My I-129f was approved in 120 days from your NOA1 date.

My interview took 170 days from your I-129F NOA1 date.

AOS:

CIS Office : Syracuse NY

Date Filed : 2012-03-20 (Lock-box Chicago)

USCIS received : 2012-03-22

NOA1 email: 2012-04-02

Check Cashed: 2012-04-03

NOA in hand: 2012-04-09

Biometrics: 2012-04-20

EAD & AP Approved 2012-05-16

AOS interview 2012-07-30 APPROVED

GC Prod. order 2012-08-10

Green card touched 2012-08-15!!!!

ROC:

Vermont Service Center

Date sent : 2014-05-09

Vmnt received : 2014-05-12

Check Cashed: 2014-05-15

Children NOA received: 2014-05-16

My NOA received 2014-05-29

Biometric Current

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Under the Child Citizenship Act, on the day you naturalise your minor children will also acquire US citizenship auomatically if: (i) they are under 18 on that day; (ii) they are in your legal and physical custody; (iii) they are LPRs.

Any of your children who do not meet these requirements (they are 18 or older, for example), would need to apply in the normal N-400 process once they have been an LPR for 5 years.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Applying for a certificate of citizenship via an N-600 is optional in those circumstances. Many people instead choose to skip that step (and since it's $600 per child I can understand why) and jump directly to obtaining a US passport for them.

See http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html for more information on this (scroll down to "How does the child get a passport...").

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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CowboySweetheart Enthusiast

CowboySweetheart   5

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

Hypnos is right on all counts. You can read the USCIS Policy Manual, Chapter 4 – Automatic Acquisition of Citizenship after Birth (INA 320). Here is a link to it:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH.html

Hope it helps. Good luck!

K1- Visa Journey

July 2007-Met Hubby online
January 2008-Started K1 visa process
11/07/2008-NOA(I-797C,Approval Notice)
03/05/2009-K1(K2) Visa Approved
06/23/2009-POE( JFK,NY)
08/15/2009-Married

AOS Journey
11/19/2011(Day00)-Mailed AOS(I-485/EAD/AP For me and my son)
11/21/2011-(Day2)-AOS delivered(no text,no email though from USCIS)
11/22/2011-(Day3)-Application routed to NBC for processing,as stated in the text/email notice received on 12/08/2011
12/08/2011-(Day20)-Text/Email received)
12/09/2011-(Day21)Check cashed
12/13/2011-(Day24)I-797C,NOA hard copies received in the mail(dated 12/08/2011)
12/30/2011-(Day41)Case transferred to another USCIS office for processing(don't know yet which office)
01/06/2012-(Day47)Received text/email that our case is being now processed to another USCIS office
01/09/2012-(Day50)Notice(dated 12/30/11) received in the mail,case transferred to CSC,still no biometrics appt yet
01/25/2012-(Day64)-AP approved-still no biometrics appointment yet...
02/16/2012-(Day86)-Received Biometrics Appt.Notice in the mail
02/29/2012-(Day99)-Biometrics done and EAD approved,email received the same day EAD card/document production ordered
03/05/2012-(Day104)-2nd EAD email update received Card/Document production ordered
03/06/2012-(Day105)-3rd EAD email update received Card/Document mailed
03/09/2012-(Day106)-EAD/AP combo card received in the mail
04/13/2012-(Day140)-10 year Green Card approved(no interview)

...and the Journey continues...in about 3 years...

Naturalization Journey

07/03/2015-N-400 Application mailed via USPS Priority Mail

07/13/2015-N-400 Application Rejected on the basis of insufficient supporting documentation for the Fee Waiver

07/18/2015-N-400 Application mailed via USPS Priority Mail

(F) Be still, and know that I am God. (F)

Psalms 46:10 NIV

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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Applying for a certificate of citizenship via an N-600 is optional in those circumstances. Many people instead choose to skip that step (and since it's $600 per child I can understand why) and jump directly to obtaining a US passport for them.

See http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html for more information on this (scroll down to "How does the child get a passport...").

My plan is to just apply for passports for the kids per Hypnos' explanation. On one hand I feel like the N600 process gives me an additional piece of documentation but on the other hand it's $1200 that can be put to better use elsewhere!

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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MiaPA Enthusiast

MiaPA   12

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

So what happens to the childs greencard when it expires? Do you not need to give that back to USCIS? If it has to be returned how would i prove he was a LPR when I send off the n600 after the fact of getting him a passport? Sorry this part confuses me and I am unsure which to go for first when my n400 is completed.




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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

When filing an N-600 you only send a photocopy of the child's green card.

When instead filing directly for a US passport (and skipping a CoC) it appears you need to send the child's original green card with the application, but it will be returned to you.

Once a child has acquired US citizenship (through the CCA or otherwise) then their green card is useless, anyway. A US citizen cannot be an LPR, and so their green card is invalidated on the day they become a US citizen. You do not return it to USCIS.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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MiaPA Enthusiast

MiaPA   12

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

When filing an N-600 you only send a photocopy of the child's green card.

When instead filing directly for a US passport (and skipping a CoC) it appears you need to send the child's original green card with the application, but it will be returned to you.

Once a child has acquired US citizenship (through the CCA or otherwise) then their green card is useless, anyway. A US citizen cannot be an LPR, and so their green card is invalidated on the day they become a US citizen. You do not return it to USCIS.

Ok, thank you for clearing that up for me.




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