N600k or n600 for 2 minor/ kids of a US citizen father (merged)

[SusieQQQ 11,586]

28 minutes ago, K1 and K2 visa said:

Update 10/2021, unfortunately, due to the pandemic and fiancé is divorced in USA, we cannot get married here in the Philippines, Would it be best to apply K1 visa fiancée and K2 visa for our kids? Or IR 2 VISA:GREEN CARD APPLICATION FOR CHILD OF US CITIZEN and fiance visa for me? 

 

IR visas for the kids would lead to immediately automatically acquiring citizenship under the CCA on entry, unlike a K visa. 
 

Your posts are very confusing as they seem to be posted by both the usc and the fiancée and it is not clear what visas the children do or don’t have yet. Please be clear about the actual existing situation so you can get sensible answers.

[K1 and K2 visa 0]

19 minutes ago, arken said:

In another post you are asking for the ways to bring your kids to the US and here they are already in the US?

 

You mean K1?

Yes K1 for my fiancé and k2 for our both kids

[K1 and K2 visa 0]

Just now, SusieQQQ said:

IR visas for the kids would lead to immediately automatically acquiring citizenship under the CCA on entry, unlike a K visa. 
 

Your posts are very confusing as they seem to be posted by both the usc and the fiancée and it is not clear what visas the children do or don’t have yet. Please be clear about the actual existing situation so you can get sensible answers.

Sorry about the confusion, so here is the background. 

 

Asking what is the best type of visa to apply for?

 

I want to immigrate my fiancée (Mother of my kids) and my 2 kids (ages 6 and 8 years old to USA). 

 

I cannot apply for CRBA: Consular Report of Birth Abroad in the Philippines for our kids because I did not meet the 5 years residency requirements before they were born? I am half German, half American and I grew up in Germany. I only stayed US for 2 years  before my kids were born. 

Currently COVID pandemic times, from 2020 to 2021 I am living and working in the US. 

 

I believed that Child Citizenship Act of 2000 will grant my kids US citizenship upon arrival to USA for IR visa?

 

Or we can go ahead and apply K1 visa/fiancée and K2 visa for our kids?  

 

We cannot apply for a spousal visa because I am divorced here in the US and it will be a hard time and difficult process in the Philippines to acknowledge the divorce because they don't allow Americans to enter the country due to COVID pandemic. 

 

[K1 and K2 visa 0]

29 minutes ago, arken said:

In another post you are asking for the ways to bring your kids to the US and here they are already in the US?

 

You mean K1?

Sorry about the confusion, so here is the background. 

 

Asking what is the best type of visa to apply for?

 

I want to immigrate my fiancée (Mother of my kids) and my 2 kids (ages 6 and 8 years old to USA). 

 

I cannot apply for CRBA: Consular Report of Birth Abroad in the Philippines for our kids because I did not meet the 5 years residency requirements before they were born? I am half German, half American and I grew up in Germany. I only stayed US for 2 years  before my kids were born. 

Currently COVID pandemic times, from 2020 to 2021 I am living and working in the US. 

 

I believed that Child Citizenship Act of 2000 will grant my kids US citizenship upon arrival to USA for IR visa?

 

Or we can go ahead and apply K1 visa/fiancée and K2 visa for our kids?  

 

We cannot apply for a spousal visa because I am divorced here in the US and it will be a hard time and difficult process in the Philippines to acknowledge the divorce because they don't allow Americans to enter the country due to COVID pandemic. 

[SusieQQQ 11,586]

28 minutes ago, K1 and K2 visa said:

Sorry about the confusion, so here is the background. 

 

Asking what is the best type of visa to apply for?

 

I want to immigrate my fiancée (Mother of my kids) and my 2 kids (ages 6 and 8 years old to USA). 

 

I cannot apply for CRBA: Consular Report of Birth Abroad in the Philippines for our kids because I did not meet the 5 years residency requirements before they were born? I am half German, half American and I grew up in Germany. I only stayed US for 2 years  before my kids were born. 

Currently COVID pandemic times, from 2020 to 2021 I am living and working in the US. 

 

I believed that Child Citizenship Act of 2000 will grant my kids US citizenship upon arrival to USA for IR visa?

 

Or we can go ahead and apply K1 visa/fiancée and K2 visa for our kids?  

 

We cannot apply for a spousal visa because I am divorced here in the US and it will be a hard time and difficult process in the Philippines to acknowledge the divorce because they don't allow Americans to enter the country due to COVID pandemic. 

 

If you want your kids to become citizens on arrival they need to arrive on immigrant visas, which means IR for them (side note, actually you need legal custody for them as one of the conditionas for this too, but this will be assumed as soon as you marry the mom). If they come in on k visas they will still need to adjust status to get green cards (and that could take a year or more) and only then would they become citizens under CCA. 
 

 

Edited October 25, 2021 by SusieQQQ

[SusieQQQ 11,586]

FYI these are the conditions that need to met. As soon as they are all met (in any order, but all must be met at the same time) the child will automatically become a citizen 

 

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.

For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens.

[K1 and K2 visa 0]

4 minutes ago, SusieQQQ said:

If you want your kids to become citizens on arrival they need to arrive on immigrant visas, which means IR for them (side note, actually you need legal custody for them as one of the conditionas for this too, but this will be assumed as soon as you marry the mom). If they come in on k visas they will still need to adjust status to get green cards (and that could take a year or more) and only then would they become citizens under CCA. 
 

 

Thanks for the help, Its appreciated.