Ir2 / citizenship

[ClemsonC 62]

My husband (usc) has filed the i130s for myself and my daughter (his step daughter). They’ve been approved and we’re at the NVC stage. 
 

Since she will be under the age of 18 when we move, does she automatically get citizenship when we move?  

[JeanneAdil 6,610]

No

 

After you get married and apply for a green card (to "adjust status" to lawful permanent residence), your K-2 children may apply along with you. Each will need to submit (by mail) a separate application for adjustment of status to U.S. Citizenship and Immigration Services (USCIS).

[HRQX 4,145]

41 minutes ago, ClemsonC said:

Since she will be under the age of 18 when we move, does she automatically get citizenship when we move?  

No. Stepchild relationship doesn't count for Child Citizenship Act of 2000 (CCA): https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html Only biological and legally adopted children count for CCA.

 

How many more years until she turns 18?

Edited November 10, 2020 by HRQX

[HRQX 4,145]

17 minutes ago, JeanneAdil said:

to "adjust status"

AOS not required in this case. OP is talking about IR-2 which is an immigrant visa.

[NikLR 13,232]

22 hours ago, ClemsonC said:

My husband (usc) has filed the i130s for myself and my daughter (his step daughter). They’ve been approved and we’re at the NVC stage. 
 

Since she will be under the age of 18 when we move, does she automatically get citizenship when we move?  

No.  She will obtain citizenship from you automatically, if you naturalize and she's under 18 at that time.  Otherwise she can apply at the 5 year mark. 

[Demise 1,331]

On 11/10/2020 at 11:20 AM, ClemsonC said:

My husband (usc) has filed the i130s for myself and my daughter (his step daughter). They’ve been approved and we’re at the NVC stage. 
 

Since she will be under the age of 18 when we move, does she automatically get citizenship when we move?  

No, Child Citizenship Act of 2000 does not apply to stepparent-stepchild relationships. If he has legally adopted her (or will adopt her) before she turns 16 (18 if the stepfather would also adopt a younger sibling) then yeah she'd derive citizenship via him.

 

Also, she can derive citizenship via you if you naturalize while she's under 18. Finally, she can just naturalize on her own after turning 18 and being an LPR for 5 years.

[HRQX 4,145]

11 minutes ago, Demise said:

Finally, she can just naturalize on her own after turning 18 and being an LPR for 5 years.

Potentially quicker if she joins the military (OP hasn't stated how close the child is to age 17): https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3 "The applicant may be of any age." Those applicants can apply on Day 1 of bootcamp. "War on Terrorism   September 11, 2001 → Present"

 

Or if very close to turning 18 and she happens to marry a USC: "Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years."