Applying for Citizenship with child under 18 years old

[Meawmeowmeoe 1]

Hello All,

It has been a long time since I have posted on here. I am planning to apply for the Citizenship for myself based on 5 years permanent residential.

I have a son who is 13 years old/Permanent Resident. My question is should I submit his papers along with mine or I should wait until I get my citizen to apply the certificate of Citizenship/N600.

Someone has mentioned if I get my citizenship, my son will automatically become Citizen as well and I can just apply for the US passport for him, which I am not sure is the correct information.

Also I am divorced from my ex-husband who is the petitioner for my son to come here with IR-2 Visa, on the divorce agreement paper, we listed my ex-husband as my son legal guardian and we share 50/50 custody which signed by the Judge. He didn't however adopted my son so I don't know if when I submit the paper for my son, do I even have to list my ex-husband on the form?? Or do I even have to involve my ex-husband in the process.

I also see the Form G-1145, E-Notification of Application/Petition Acceptance , I am not sure when and how I can use this form? I live in NJ and I assume I am filing with Texas Service Center?? Or how can I file at USCIS Lockbox Facility or am I even allow to do that? Please someone help me.

Thank you in advance.

Kate

__________________________________________

Timeline

2009 - Permanent Resident

2008 - IR1/IR2 Visa

[teeak 224]

Yes, wait until you get your citizenship and then file the form for a "Certificate of Citizenship" for your son. You may need to look at the requirements for this though since its necessary to have custody of the child to pass on citizenship. I'm not sure if this applies to 50/50 as well or not.

https://www.uscis.gov/n-400

If you look at "Where to file" in the above link, you need to send your application to the Dallas lockbox.

Include the G1145 with your N400 petition. You'll get text/email updates about your case.

Edited February 25, 2016 by teeak

[akihon 129]

Your son will automatically become a US citizen when you do because he is under 18 and is your dependent (although if you have 50/50 custody, I'm not sure how that works out), but he will have to wait until you are a citizen and you send in the N-600.

You will definitely need to submit a copy of the divorce decree. You don't have to involve him if you don't want to.

You submit the G-1145 with the packet. It is only for the notification of initial acceptance of your packet. After that, you need your receipt number to keep tabs on your case status.

It's not that hard to figure out where you're sending your packet https://www.uscis.gov/n-400

Please use this http://www.visajourney.com/content/naturalization_guide

Edited February 25, 2016 by akihon

[lilsweetie 32]

Joint custody is fine - see https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

It says right on that page "USCIS considers a ​U.S.​ citizen parent who has been awarded “joint custody” to have legal custody of a child. "

[teeak 224]

^^ Thanks, for the source/clarification!

OP, you should be okay then with submitting the Certification of Citizenship for your son without involving your ex-husband.

[Meawmeowmeoe 1]

Thank you so much everyone, I really appreciate it!

[newacct 688]

Someone has mentioned if I get my citizenship, my son will automatically become Citizen as well and I can just apply for the US passport for him, which I am not sure is the correct information.

That is absolutely correct. A Certificate of Citizenship is not needed for him to apply for a US passport.

Another issue is that, for children under 16, parental consent is necessary to apply for a US passport. They need consent from both parents, or consent from the parent having sole custody.

[Meawmeowmeoe 1]

That is absolutely correct. A Certificate of Citizenship is not needed for him to apply for a US passport.

Another issue is that, for children under 16, parental consent is necessary to apply for a US passport. They need consent from both parents, or consent from the parent having sole custody.

Thank you so much. So I assume, I can put my ex-husband as a father on the form?? Since we share the custody and he is the legal guardian of my son. I know he has to be present when we apply.