K2

[Tong Yan 2]

Came here with K2 visa and now over the age of 18, can we apply for the Citizenship (Form N400) being 3 years in Green Card ?

Thanks for reply.

[Dakine 26]

Came here with K2 visa and now over the age of 18, can we apply for the Citizenship (Form N400) being 3 years in Green Card ?

Thanks for reply.

If you were adopted you may already be a USC.

[zyggy 9]

Actually if the birth parent didn't become a USC until after the K2 was 18 and become automatic US Citizens, they have to wait 5 years in order for them to naturalize themselves. The 3 year exception does not apply to children...

[raymaga 25]

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

[Dakine 26]

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

Edited June 25, 2007 by beckypua

[Gringa 0]

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

[sj5 4]

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

[Tong Yan 2]

Thank you very much for the reply.

[Yodrak 7]

beckypua,

Since I know the correct answer Raymaga's post made perfect sense to me. But re-reading with your question in mind I understand perfectly why you may be confused.

If a K2 (or K4) has reached the age of 18 and has not yet become a citizen, then they must wait 5 years from the date of having become an LPR to qualify for citizenship. This does not mean that a 5 year-old K2 has to wait until they are 18 and then wait 5 more years.

A K2 or a K4 can obtain citizenship along with their immigrant parent as long as the parent applies for citizenship before the child is 18. But if the parent does not apply for citizenship before their K2 or K4 child turns 18, the child can apply for citizenship immediately after turning 18 as long as they have been an LPR for at least 5 years.

Yodrak

A

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

Edited June 26, 2007 by Yodrak

[Dakine 26]

beckypua,

Since I know the correct answer Raymaga's post made perfect sense to me. But re-reading with your question in mind I understand perfectly why you may be confused.

If a K2 (or K4) has reached the age of 18 and has not yet become a citizen, then they must wait 5 years from the date of having become an LPR to qualify for citizenship. This does not mean that a 5 year-old K2 has to wait until they are 18 and then wait 5 more years.

A K2 or a K4 can obtain citizenship along with their immigrant parent as long as the parent applies for citizenship before the child is 18. But if the parent does not apply for citizenship before their K2 or K4 child turns 18, the child can apply for citizenship immediately after turning 18 as long as they have been an LPR for at least 5 years.

Yodrak

A

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

Thanks for clarifying!

I didn't want to push it! Surprises me that they may possible have to wait until their 23. 18+5=s 23.

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

[zyggy 9]

beckypua,

Since I know the correct answer Raymaga's post made perfect sense to me. But re-reading with your question in mind I understand perfectly why you may be confused.

If a K2 (or K4) has reached the age of 18 and has not yet become a citizen, then they must wait 5 years from the date of having become an LPR to qualify for citizenship. This does not mean that a 5 year-old K2 has to wait until they are 18 and then wait 5 more years.

A K2 or a K4 can obtain citizenship along with their immigrant parent as long as the parent applies for citizenship before the child is 18. But if the parent does not apply for citizenship before their K2 or K4 child turns 18, the child can apply for citizenship immediately after turning 18 as long as they have been an LPR for at least 5 years.

Yodrak

A

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

A point of clarification.. it's not when they apply for Citizenship, it's when they take the oath. If the Alien parent does not take the oath before the minor child's 18th birthday, the minor child will not derive US Citizenship from their Alien now new US Citizen parent, but will have to apply for Naturalization on their own to become a US CItizen. If they have been in the US for more than 5 years at that time, they can apply for Naturalization immediately.

[Dakine 26]

beckypua,

Since I know the correct answer Raymaga's post made perfect sense to me. But re-reading with your question in mind I understand perfectly why you may be confused.

If a K2 (or K4) has reached the age of 18 and has not yet become a citizen, then they must wait 5 years from the date of having become an LPR to qualify for citizenship. This does not mean that a 5 year-old K2 has to wait until they are 18 and then wait 5 more years.

A K2 or a K4 can obtain citizenship along with their immigrant parent as long as the parent applies for citizenship before the child is 18. But if the parent does not apply for citizenship before their K2 or K4 child turns 18, the child can apply for citizenship immediately after turning 18 as long as they have been an LPR for at least 5 years.

Yodrak

A

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

Thanks for clarifying!

I didn't want to push it!

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

[zyggy 9]

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

No.. that child will be come a US Citizen when the adoption is finalized if the child is under 18 and is already in the US as a PR at that time...

I don't understand where you're getting this two year business becuase it's absolutely false. Either the child is or is not in your full legal and physical custody through either a adoption or divorce decree... length of time of such custody has nothing to do with it in terms of transmission of US Citizenship via the Child Citizenship Act.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

If A USC is adopting an alien child that is already in the US and that CHild is a permanent resident. The CHild Citizenship Act is clear. Once the adoption is finalized and the decree is given, that child is a US Citizen.

Edited June 26, 2007 by zyggy

[Yodrak 7]

zyggy,

Thank you for that correction, I was sloppy in writing the post.

Yodrak

beckypua,

Since I know the correct answer Raymaga's post made perfect sense to me. But re-reading with your question in mind I understand perfectly why you may be confused.

If a K2 (or K4) has reached the age of 18 and has not yet become a citizen, then they must wait 5 years from the date of having become an LPR to qualify for citizenship. This does not mean that a 5 year-old K2 has to wait until they are 18 and then wait 5 more years.

A K2 or a K4 can obtain citizenship along with their immigrant parent as long as the parent applies for citizenship before the child is 18. But if the parent does not apply for citizenship before their K2 or K4 child turns 18, the child can apply for citizenship immediately after turning 18 as long as they have been an LPR for at least 5 years.

Yodrak

A

K-2 children have to wait 5 years to apply for Naturalization, once they are over 18.

Really?? Are you saying a 5 year old has to wait until they are 23 to apply for USC???

Sorry you weren't clear at least to me

Imagine the same would apply to K4s?

What is not clear about raymaga reply?

Cause is't so clear, that the 3 years period is only for a person who married a usa citizen, and not for a child, not matter if it's a K2 or K4. And she didn't said 23, she said 18.

A point of clarification.. it's not when they apply for Citizenship, it's when they take the oath. If the Alien parent does not take the oath before the minor child's 18th birthday, the minor child will not derive US Citizenship from their Alien now new US Citizen parent, but will have to apply for Naturalization on their own to become a US CItizen. If they have been in the US for more than 5 years at that time, they can apply for Naturalization immediately.

[Dakine 26]

I adopted my stepchild and the way it looks she will be getting automatic citizenship after 2 years of my legal and physical custody [from date of adoption decree] in the US.

No.. that child will be come a US Citizen when the adoption is finalized if the child is under 18 and is already in the US as a PR at that time...

I don't understand where you're getting this two year business becuase it's absolutely false. Either the child is or is not in your full legal and physical custody through either a adoption or divorce decree... length of time of such custody has nothing to do with it in terms of transmission of US Citizenship via the Child Citizenship Act.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

If A USC is adopting an alien child that is already in the US and that CHild is a permanent resident. The CHild Citizenship Act is clear. Once the adoption is finalized and the decree is given, that child is a US Citizen.

For example, the children Angelina Jolie adopted became US Citizens upon their entry into the US. There was no time limit on the length of the adoption required to bestow citizenship. They were US Citizens upon their entry to the US.

Were they adopted in the US? Big difference.

I'd be very happy if I am wrong but USCIS and the passport agency say I'm right.

CCA

If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custody requirement. However, if custody was not granted prior to the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.