can I naturalize but my k-2 kids still use green cards?

[CAdreamer 14]

We've been here 3 years and I'm now eligible to apply for naturalization (originally entered as k1). I understand that when I become a citizen, my children (who came with me as k2s) will automatically become US citizens too.

My ex-husband legally shares custody of our kids and he signed an affidavit when we immigrated allowing them to move to the US with me. I don't believe now that he will sign the forms needed for the kids to get US passports though.

If I naturalize and get a US passport for myself, can the kids continue to use their Canadian passports and green cards to travel? Or, if I naturalize and their father won't sign the passport forms, have I completely screwed them for traveling?

Thanks in advance.

[newacct 688]

In theory, US citizens must enter and exit the US bearing a US passport (with some exceptions like children under 16 crossing by land), but there is no penalty for violating this rule.

Practically speaking, they should have no trouble travelling on their foreign passport and green card. It is not going to say they are US citizens on any document or in any system, since they have never applied for any proof. And CBP is not really going to adjudicate at the border whether someone born outside the US derived citizenship as a minor because that is a complicated topic that depends on lots of factors (e.g. whether the child is in the custody of the citizen parent, etc.) which take time to analyze. Plus, even if CBP thinks the child is a US citizen, what's the worst that can happen? They cannot deny entry to a US citizen, so either way, they have to let them through.

[Udella&Wiz 325]

Once you naturalize and they become citizens by association.... You might physically have the cards but I suspect there might be an issue if used to re-enter the country - don't know exactly what would happen, I have no knowledge myself.......at that point you haven;t exactly declared they are citizens by having a passport

Hopefully someone on here has been through a spouse who would't sign....it makes no sense for him to allow his children to live in the US for 3+ yrs and then not sign their passport forms. It would suck if they travelled to see him and then could't get back into the US because their GC's were no longer valid and yet they didn't have a US passport At some point also their GCs expire so you would't be reapplying for an extension when they're technically US citizens.....it's going to come up sometime whether now or in 7 yrs

It actually makes it easier to shuttle them back and forth if they have both passports.

Edited December 20, 2015 by Udella&Wiz

[Ms Hogan 295]

Does your separation agreement say Joint Custody?

[CAdreamer 14]

Does your separation agreement say Joint Custody?

Sorry. Just saw this now. Our separation agreement does say joint custody, and specifically states that I am the custodial parent. Does that help or hinder?

[lilsweetie 32]

You don't need your ex to sign for n600 application. Then you can get citizenship documents for them bypassing the passport.

[newacct 688]

You don't need your ex to sign for n600 application. Then you can get citizenship documents for them bypassing the passport.

The question doesn't have anything to do with N-600 or Certificate of Citizenship.

[CAdreamer 14]

The question doesn't have anything to do with N-600 or Certificate of Citizenship.

Right. I know that my kids will be citizens and I can get them proof of citizenship. What I'm wondering about is them traveling using their Canadian passports after becoming US citizens, if their father won't sign the US passport applications. Thanks for all the input though.

[Lemonslice 4,868]

Right. I know that my kids will be citizens and I can get them proof of citizenship. What I'm wondering about is them traveling using their Canadian passports after becoming US citizens, if their father won't sign the US passport applications. Thanks for all the input though.

I am not sure how old your children are, but American citizens (of all ages) can enter Canada by land using a proof of citizenship.

Identification requirements for U. S. citizens and permanent residents

If you are a U.S. citizen or permanent resident, you must carry proof of citizenship such as a passport, birth certificate, a certificate of citizenship or naturalization, a U.S. Permanent Resident Card, or a Certificate of Indian Status along with photo identification. If you are a U.S. permanent resident, ensure you carry proof of your status such as a U.S. Permanent Resident Card.

Source: CBSA

And American citizens under 16 can re-enter the USA without a passport (in fact, they can re-enter without a passport at any age, but one is officially required):

What is required for U.S. and Canadian children?

U.S. and Canadian citizen children under age 16 arriving by land or sea from a contiguous territory (Mexico, Canada and the Caribbean) may present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.

Source: CBP

While it does make you fly to a border town and complicate your travelling a bit, it does not make it impossible.

Children over 16 do not need parental authorization to apply for a passport (same for American and Canadian passports).

Edited February 9, 2016 by Boston~Montreal