N-400 for the child (came 16y in use, has GC, but passed 18 y before my application for citizenship

[M&A2 5]

Hi everyone,

At this moment I feel confused and thought to log in again to this side which has been a good help for me.

My question consists in Form N - 400 for me & my son.

I am preparing the Application for Naturalization through marriage with US - citizen 3 months before my 3 years anniversary.

My son was 16 when we came here with a K-1 visa. He got the Green Card, but 3 years are passing and he has turned 18 already. From what I have read, I realized that children take the citizenship from mother when they are under 18 (When the mother get citizenship before children turn 18).

I understand that he has to make e separate application from me, but is he eligible to apply now?

So, can my son apply now, at the same time as me, or he has to wait for 5 years to apply?

 

[aaron2020 11,651]

No, he can not file under the 3 years rule - he's can't meet the requirement of being married to a USC for 3 years. 

He has to wait and file under the 5 years rule.  He's 18, so he's not a child.  He's an adult.  He files on his own.

[aleful 1,905]

hi

 

as stated, he has to wait 5 years to apply for citizenship, the 3 year rule is only for spouses of USC and still married to the USC

 

90 days prior to his 5 year, he can file for citizenship, and he isn't a child anymore, in the US, at 18 or above, he is an adult

 

the N400 is for adults, 18 and above who will need to take the citizenship test and interview

 

 

[M&A2 5]

Thank you very much for your confirmation!