Question

[KYICGM 70]

Hello 

i have a question in behalf of my best friend. She came here  8 years ago on a k1 visa got married to her USC Fiance and got her conditional gc then went back to her country and got her kids which were on the second trip marked on her k1 application. Got her kids here,  3 years later  got her permanent gc now recently got her Citizenship now she wants to know if her kids will be Citizens( they dont have gc yet ?  since she is one now because she brought her kids here after being married to a USC. is this correct ?? 

 Thanks in advance. 

[VNN 147]

9 minutes ago, KYICGM said:

Hello 

i have a question in behalf of my best friend. She came here  8 years ago on a k1 visa got married to her USC Fiance and got her conditional gc then went back to her country and got her kids which were on the second trip marked on her k1 application. Got her kids here,  3 years later  got her permanent gc now recently got her Citizenship now she wants to know if her kids will be Citizens( they dont have gc yet ?  since she is one now because she brought her kids here after being married to a USC. is this correct ?? 

 Thanks in advance. 

Her kids are US citizens - just need to bring her Naturalization Certificate and her kids to Post Office to have their US Passports done.

You used the word "brought" so I assume they were already in US at the time she got her US citizen but the fact they they do not have green card is confusing.

• If they are not in US, there are some paperwork needs to be done

 

 

Edited September 14, 2018 by RTLE

[KYICGM 70]

So they dont need to apply for gc ? Kids age 20-17-15

[VNN 147]

3 minutes ago, KYICGM said:

So they dont need to apply for gc ? Kids age 20-17-15

I assume they are here in US at this point now.  The one with 20 years-old = no, only less than 18 years-old at the time she got her US citizen.

[KYICGM 70]

Just now, RTLE said:

I assume they are here in US at this point now.  The one with 20 years-old = no, only less than 18 years-old at the time she got her US citizen.

When she went back to her country the embassy issued them a k2 visa to come the USA 

[VNN 147]

8 minutes ago, KYICGM said:

When she went back to her country the embassy issued them a k2 visa to come the USA 

• After they arrive (if they not already did), a few weeks (5-6 weeks) they will receive their green cards.
• Take 17 and 15 years old to apply for US passport.

 

[KYICGM 70]

9 minutes ago, RTLE said:

• After they arrive (if they not already did), a few weeks (5-6 weeks) they will receive their green cards.
• Take 17 and 15 years old to apply for US passport.

 

thats the thing they were never given a gc or apply for one, thats the confusing part. so they were suppose to get their green cards when they arrived here ( they've been here in the USA for 7 years now) and she did her adjustment of status not for the kids 

[Umka36 781]

25 minutes ago, KYICGM said:

thats the thing they were never given a gc or apply for one, thats the confusing part. so they were suppose to get their green cards when they arrived here ( they've been here in the USA for 7 years now) and she did her adjustment of status not for the kids 

K2 also need to apply for AOS, they just don't get a GC without applying for it. In order to gain automatic citizen from parent they must meet the following (current they lack LPR status):

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

https://www.uscis.gov/us-citizenship/citizenship-through-parents

[VNN 147]

6 minutes ago, Umka36 said:

K2 also need to apply for AOS, they just don't get a GC without applying for it. In order to gain automatic citizen from parent they must meet the following (current they lack LPR status):

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

https://www.uscis.gov/us-citizenship/citizenship-through-parents

You are correct - I was confused at the wordings for the original post. I thought she brought her kids (petitioned for them) after she got her green card. 

 

 

 

Edited September 14, 2018 by RTLE

[KYICGM 70]

1 minute ago, RTLE said:

You are correct - I was confused at the wordings for the original post. I thought she brought her kids (petitioned for them) after she got her green card. 

 

 

 

No i said she brought them here in her second trip marked on her k1 visa application. Sorry. I thought so too i just wanted to make sure, i told her they need to go to the aos process as well but she said no i think they’ll get their citizenship because i am a US Citizen now. Thanks for your responses 😊 have a wonderful day. 

[Umka36 781]

10 minutes ago, KYICGM said:

No i said she brought them here in her second trip marked on her k1 visa application. Sorry. I thought so too i just wanted to make sure, i told her they need to go to the aos process as well but she said no i think they’ll get their citizenship because i am a US Citizen now. Thanks for your responses 😊 have a wonderful day. 

Hope she takes your advice as doing the opposite would be dumb. Basically her kids been out of status for 7 years.

Edited September 14, 2018 by Umka36

[KYICGM 70]

3 minutes ago, Umka36 said:

Hope she takes your advice as doing the opposite would be dumb. If it had been a CR2 that's a different story, but K2 requires AOS for the GC/LPR. Basically her kids been out of status for 7 years.

I hope so too which i dont think she will 🤷🏻‍♀️ She also said because her us ex husband signed the affidavit too but i told her the affidavit finalized once she became a US Citizen.  

[Umka36 781]

What's she going to do for the eldest child as they don't have legal status in the US? Kind of stupid as a parent to do this to them when there is an easy fix. I don't want to hear the sob story when she finally gets it is what I would tell her as a friend.

[KYICGM 70]

4 minutes ago, Umka36 said:

What's she going to do for the eldest child as they don't have legal status in the US? Kind of stupid as a parent to do this to them when there is an easy fix. I don't want to hear the sob story when she finally gets it is what I would tell her as a friend.

She is currently doing the aos for her eldest child she just thought that she didnt need to for the younger kids 

[TM92 527]

18 hours ago, KYICGM said:

Kids age 20-17-15

This is there ages now, correct? To get automatic citizenship they need to be approved for a green card when they are under 18 years old (plus meet the other 2 requirements). If they don't qualify for automatic citizenship, then they are eligible to naturalize 5 years after their GC is approved. If they do qualify for automatic citizenship, she can choose to obtain a Certificate of Citizenship for the child by filing an N-600 (https://www.uscis.gov/n-600) at a cost of $1,170, or she can jump directly to obtaining a US passport for the child. To go straight to a passport, go to https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html and select the heading "How does the child get a passport..." and this will explain what to do and the documents you need. For the N-600, even USCIS says it's optional, https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions:

Quote

I already have a U.S. passport issued by the Department of State. Am I required to file a Form N-600 for a Certificate of Citizenship?

No. You are not required to file a Form N-600 for a Certificate of Citizenship. The Certificate of Citizenship is an optional form. A validly issued U.S. passport generally serves as evidence of your U.S. citizenship during its period of validity unless that passport has been revoked by the Department of State. However, you may be required to submit your Certificate of Citizenship when attempting to apply for certain other benefits, including, but not limited to:

• Social Security benefits
• State issued ID including a Driver’s License or Learning Permit
• Financial Aid
• Employment
• Passport Renewal