Citizenship process for K1 and K2 visas?

[IsabelleFredrick 6]

How does the process work from coming over on a k1 visa, with kids, to becoming a citizen?

How does the process work for my kids if they come over with me on k1?

My aim is to have them live equally between their dad (in another country) and I, like one year with me, one year with him.. would this be possible at all?

[Georgia16 2,858]

The process is as you say you come on K1 they on K2.

 

you both file AOS for the Green cards. 

 

Then ROC. If they came with you and they got their Green cards within 90 days of yours they can be added to your petition for ROC. 

 

If married for 3 years and you have had your GC for 3 years (minus 90 days) you can apply for your USC. If the kids are living with you and Green card holders and u set 18 they will become USC when you do. 

 

Your plan to share them with their father one year at a time will not do as they will loose their GC status as they will not be living here. 

It would probably be best to find another solution maybe all vacations or something like that. Also hard for kids to be away for everything for a year and then have to go back. 

[geowrian 22,337]

They enter on the K-2 visa. You marry and apply for AOS. They apply for AOS alongside you. Depending on local USCIS field office, wait ~3-18+ months for the interview and approval - that's when they will get green cards.

Within 90 days of the 2 year anniversary of AOS approval, you have to file for ROC.

If you remain married to the same USC for 3 years starting from AOS approval then you can file for naturalization under the 3 year rule (even if ROC is still pending). Once approved (months to a year or so again), you will take the oath and become a USC. If they are under 18, then they will derive US citizenship as well.

So they're likely ~4-5+ years away from citizenship at this point.

 

Spending a full year at a time outside the US is likely to raise questions about their permanent residency. As green card holders, their permanent residence must remain in the US.

Maybe 6 months at a time would be better? Although that still presents a lot of challenges regarding friends, school, etc.

[IsabelleFredrick 6]

20 minutes ago, geowrian said:

They enter on the K-2 visa. You marry and apply for AOS. They apply for AOS alongside you. Depending on local USCIS field office, wait ~3-18+ months for the interview and approval - that's when they will get green cards.

Within 90 days of the 2 year anniversary of AOS approval, you have to file for ROC.

If you remain married to the same USC for 3 years starting from AOS approval then you can file for naturalization under the 3 year rule (even if ROC is still pending). Once approved (months to a year or so again), you will take the oath and become a USC. If they are under 18, then they will derive US citizenship as well.

So they're likely ~4-5+ years away from citizenship at this point.

 

Spending a full year at a time outside the US is likely to raise questions about their permanent residency. As green card holders, their permanent residence must remain in the US.

Maybe 6 months at a time would be better? Although that still presents a lot of challenges regarding friends, school, etc.

What about once they are citizens? are they freer to live abroad for longer periods? 

[geowrian 22,337]

8 minutes ago, IsabelleFredrick said:

What about once they are citizens? are they freer to live abroad for longer periods? 

They can go anywhere and return at any time once USCs, no issue.

[Mollie09 1,543]

10 hours ago, geowrian said:

 

If you remain married to the same USC for 3 years starting from AOS approval then you can file for naturalization under the 3 year rule

I'll always be nitpicky on this - it doesn't have to be the USC petitioner. It's being married to ANY USC for 3 years.

[geowrian 22,337]

1 hour ago, Mollie09 said:

I'll always be nitpicky on this - it doesn't have to be the USC petitioner. It's being married to ANY USC for 3 years.

Correct. LPR for 3+ years and married to a USC for the same 3+ years is the requirement.

But for the explanation being provided as to the soonest they would qualify, it would have to be the same petitioner. Anybody else would push out the timeline longer.

Edited July 31, 2019 by geowrian

[Mollie09 1,543]

2 minutes ago, geowrian said:

Correct. LPR for 3+ years and married to a USC for the same 3+ years is the requirement.

But for the explanation being provided as to the soonest they would qualify, it would have to be the same petitioner. Anybody else would push out the timeline longer.

Agree. It's a tight deadline for K-1s for it to be any other USC, especially considering how long AOS takes.