Death of a conditional greencard holder, what will happen to K2 child?

[jon&rexie 0]

I know a lady who recently passed away and she had a conditional greencard (from K1 visa). No pending ROCs (for her and her child) was filed before her death.

 

What will happen to her child (16 years)? Can she remove conditions even if her mother passed away, or does she need to go back to her country?

The child was not adopted by the US citizen spouse either. 

 

Hoping someone can shed some light on this topic. Thanks!

[booga-boo 53]

It is possible for the child to remove conditions even though her mom is deceased. The US citizen that filed the petition on behalf of the child will need to complete an i-751 to remove conditions. Condolences but the mom has no interference.  I know this because my US husband filed for my daughter 1 year after me and since the marriage was not yet 2 years old she also received conditional residency. I recently submitted my ROC but will have to wait til 2018 to remove my daughter's condition. 

 

I hope what I wrote helps. 

 

It sucks because although I am eligible for citizenship in 2018 the months are not close enough to get n-400 approved so I could file a n-600 for her. So I'll have to spend an additional $680 to remove her conditions............but she will be a citizen through my naturalization even before they approve her 10 year green card

[Starkilla09 366]

2 hours ago, booga-boo said:

It is possible for the child to remove conditions even though her mom is deceased. The US citizen that filed the petition on behalf of the child will need to complete an i-751 to remove conditions. Condolences but the mom has no interference.  I know this because my US husband filed for my daughter 1 year after me and since the marriage was not yet 2 years old she also received conditional residency. I recently submitted my ROC but will have to wait til 2018 to remove my daughter's condition. 

 

I hope what I wrote helps. 

 

It sucks because although I am eligible for citizenship in 2018 the months are not close enough to get n-400 approved so I could file a n-600 for her. So I'll have to spend an additional $680 to remove her conditions............but she will be a citizen through my naturalization even before they approve her 10 year green card

Your daughter will automatically become a U.S. citizen according to the Child Citizenship Act the moment you naturalize provided she's under 18. You don't have to remove her conditions by then if her window has not yet opened. The N600 fee has gone up like crazy It's now $1170! Will be cheaper to just apply for a passport for her directly which will be under $125.

[booga-boo 53]

11 hours ago, Starkilla09 said:

Your daughter will automatically become a U.S. citizen according to the Child Citizenship Act the moment you naturalize provided she's under 18. You don't have to remove her conditions by then if her window has not yet opened. The N600 fee has gone up like crazy It's now $1170! Will be cheaper to just apply for a passport for her directly which will be under $125.

My window for citizenship open march 2018 her conditional green card expires may 2018........so she will definitely be out of status if I wait until they approve my n-400. I know about the passport option but I want her to have the certificate just as a backup if anything should happen to me. Dealing with immigration is a very difficult process and God only know what the cost for n-600 will be in 20yrs.

[Starkilla09 366]

1 hour ago, booga-boo said:

My window for citizenship open march 2018 her conditional green card expires may 2018........so she will definitely be out of status if I wait until they approve my n-400. I know about the passport option but I want her to have the certificate just as a backup if anything should happen to me. Dealing with immigration is a very difficult process and God only know what the cost for n-600 will be in 20yrs.

In this case you'll have to file for ROC for her then since her window will open when you're not yet a citizen. I hear ya immigration can be such a process. Going back to the N 600 aspect I guess you know there're many documents to show proof of U.S. citizenship. A U.S. passport, U.S. birth certificate, consular report of birth abroad, certificate of citizenship or naturalization certificate are all equal evidence. There's no preference over any other to demonstrate such a status. When you apply for her passport after you naturalize, you'll be required to submit your naturalization certificate which will be used to create her citizenship status in the system, upon which she'll be eligible then to receive a U.S. passport as a U.S. citizen. So even if something were to happen to you she's automatically a citizen and you have nothing to worry about. This process is relatively even quicker though than N600 which can take about 9 months. Either way unless you feel strongly with her having the N600 go ahead and also apply for her. 

[booga-boo 53]

3 minutes ago, Starkilla09 said:

In this case you'll have to file for ROC for her then since her window will open when you're not yet a citizen. I hear ya immigration can be such a process. Going back to the N 600 aspect I guess you know there're many documents to show proof of U.S. citizenship. A U.S. passport, U.S. birth certificate, consular report of birth abroad, certificate of citizenship or naturalization certificate are all equal evidence. There's no preference over any other to demonstrate such a status. When you apply for her passport after you naturalize, you'll be required to submit your naturalization certificate which will be used to create her citizenship status in the system, upon which she'll be eligible then to receive a U.S. passport as a U.S. citizen. So even if something were to happen to you she's automatically a citizen and you have nothing to worry about. This process is relatively even quicker though than N600 which can take about 9 months. Either way unless you feel strongly with her having the N600 go ahead and also apply for her. 

Yup...........agree. I want to get N600 for her for the future future.......as in when I die. She's 8 now but after 18yrs she'll have to renew passport on her own.....and if she can't find my naturalization certificate =problem.

[TakumiKobyashi 5]

1 hour ago, booga-boo said:

Yup...........agree. I want to get N600 for her for the future future.......as in when I die. She's 8 now but after 18yrs she'll have to renew passport on her own.....and if she can't find my naturalization certificate =problem.

Once she has a passport, she will never need your naturalization certificate again in order to renew it or get another.  Even if she loses her old passport, it is possible to pay $150 extra for a file search during the new passport application to verify her citizenship.  Paying for the N600 now would simply be a waste of money.

[booga-boo 53]

4 minutes ago, TakumiKobyashi said:

Once she has a passport, she will never need your naturalization certificate again in order to renew it or get another.  Even if she loses her old passport, it is possible to pay $150 extra for a file search during the new passport application to verify her citizenship.  Paying for the N600 now would simply be a waste of money.

Well thank you for that information........saves me almost $1200

[bolin786 21]

Agree with booga-boo

[booga-boo 53]

Also to note........the same documents are required to show good faith marriage between the deceased mom and the USC husband.......co-mingling up until the time of her death.