procedure for my wife's children following my wife's oath ceremony

[msamulski 0]

Hi all.

 

My wife submitted the N-400 application for naturalization citizenship last summer. In December  2020 she completed her interview, and we have since received notice that she will be given an appointment for her oath ceremony soon.  She and her son arrived in the US in July 2013. He was about 9 when he arrived, and he is 16 years old now. His 10 year green card is still valid, but I neglected to renew it during the 30 day window following his 14th birthday. 

 

My questions are about how to proceed with his citizenship after his mom completes her anticipated oath taking soon. Should I attempt to update his green card, or just proceed directly toward his citizenship after his mom completes her naturalization process.  What will my next steps be to complete his citizenship before he turns 18 years old in 2022.

 

Also, my wife has a 17 year old daughter still living with her dad in the Philippines. The daughter will turn 18 in November 2021. What steps should I take to provide her with the option to also become a US citizen before her 18th birthday.

 

Thanks for reading.

[HRQX 4,145]

26 minutes ago, msamulski said:

My questions are about how to proceed with his citizenship

Apply for his US passport with the expired GC and her naturalization certificate: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

Here is someone that successfully applied with an expired GC:

 

26 minutes ago, msamulski said:

What steps should I take to provide her with the option to also become a US citizen before her 18th birthday.

Entering with IR-2 before she turns 18 may not be possible because of the processing time. She would most likely have to naturalize by herself after she meets the five year rule: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-a-lawful-permanent-resident-of-5-years

Edited February 20, 2021 by HRQX

[msamulski 0]

Hi HRQX. Thanks for your replies. Forgive my punctuation with each of my earlier questions.  Since my wife's daughter will probably still be under 18 years of age when my wife takes her oath, can my wife's daughter make some type of declaration of US citizenship before reaching her 18th birthday? Will her daughter have some kind of streamlined process toward gaining US citizenship as long as her mom achieves her naturalization before the daughter's 18th birthday? We don't feel a rush to have the daughter travel here immediately after my wife completes her naturalization, but we don't want to miss out on the benefit that I thought my wife's daughter would gain from being under the age of 18 when her mom achieves US citizenship.

[HRQX 4,145]

37 minutes ago, msamulski said:

Will her daughter have some kind of streamlined process toward gaining US citizenship as long as her mom achieves her naturalization before the daughter's 18th birthday?

Not if she doesn't also enter with an Immigrant Visa before turning 18. See INA 320(a):

Quote

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.

(2) The child is under the age of eighteen years.

(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

 

Edited February 21, 2021 by HRQX

[msamulski 0]

HRQX, I don't think we can bring her here that quickly because she also has an 18 year old brother, and they are closely bonded.  Is the I-130 petition method pretty fast for my wife's two other children as long as they are both under the age of 21? Neither of them are married. What is the processing and approval time for trying to retrieve her two children if we do the I-130 petition method for both of them between their ages of 18 -21. Would there be a great advantage by trying to initiate the INA 320 (a) process right away for my wife's 17.5 year old daughter? Do things become much slower after they turn 21 years old?

[msamulski 0]

 I see that the INA 320 process will require me to apply to get the daughter a visa right away.

[HRQX 4,145]

Just now, msamulski said:

will require me to apply to get the daughter a visa right away.

Either you or your wife can file the I-130 right now but as I mentioned the anticipated processing time would most likely result with her entry being after turning 18. Thus, after entry she would be a LPR but would have to wait for 5 year rule to naturalize.

 

I noticed you mentioned in an earlier thread Form N-600K for the kids still in the Philippines. They don't qualify to use that form because they currently are not in the physical custody of your wife. See INA 322(a):

Quote

A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title. The Attorney General shall issue a certificate of citizenship to such applicant upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:

(1) At least one parent (or, at the time of his or her death, was) is a citizen of the United States, whether by birth or naturalization.

(2) The United States citizen parent-

(A) has (or, at the time of his or her death, had) been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or

(B) has (or, at the time of his or her death, had) a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.

(3) The child is under the age of eighteen years.

(4) The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application).

(5) The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

Also that form would need processing, so also not likely to be completed before she turns 18. That is another reason she wouldn't qualify to use that form.

[aaron2020 11,651]

38 minutes ago, msamulski said:

HRQX, I don't think we can bring her here that quickly because she also has an 18 year old brother, and they are closely bonded.  Is the I-130 petition method pretty fast for my wife's two other children as long as they are both under the age of 21? Neither of them are married. What is the processing and approval time for trying to retrieve her two children if we do the I-130 petition method for both of them between their ages of 18 -21. Would there be a great advantage by trying to initiate the INA 320 (a) process right away for my wife's 17.5 year old daughter? Do things become much slower after they turn 21 years old?

You can file separate I-130 for them as the USC stepparent because you married mom before their 18th birthdays.

 

If you file before age 21, they will be IR2 cases and it would be the fastest way for them to immigrate.

The process will take 12-18 months, so it's unlikely that they will get here before age 18.  If they immigrate after age 18, they can not derive US citizenship from their USC mom and would have to wait 5 years to naturalize on their own.

To be frank, there is no way you'll be able to get them immigration visas in 8 months.  Just not going to happen.  

Edited February 21, 2021 by aaron2020

[msamulski 0]

aaron2020 and HRQX, thanks very much for your help. Your feedback gives me a good baseline on expectations and how to proceed from here. I obviously had not done my homework on this yet, but your responses will help me study things now.

 

Mike

[SusieQQQ 11,586]

Good advice above, agree there is no practical way to get the 17yo here in time to automatically acquire citizenship through her mom, but just a question - it may be implicit but just checking as some of the phrasing you have used is a little ambiguous to me  - do the older children actually want to move to the US? They will need to be prepared to move here permanently (or at least for 5 years) to become citizens. 

[lauratru 4]

On 2/20/2021 at 5:37 PM, msamulski said:

Hi all.

 

My wife submitted the N-400 application for naturalization citizenship last summer. In December  2020 she completed her interview, and we have since received notice that she will be given an appointment for her oath ceremony soon.  She and her son arrived in the US in July 2013. He was about 9 when he arrived, and he is 16 years old now. His 10 year green card is still valid, but I neglected to renew it during the 30 day window following his 14th birthday. 

 

My questions are about how to proceed with his citizenship after his mom completes her anticipated oath taking soon. Should I attempt to update his green card, or just proceed directly toward his citizenship after his mom completes her naturalization process.  What will my next steps be to complete his citizenship before he turns 18 years old in 2022.

 

Also, my wife has a 17 year old daughter still living with her dad in the Philippines. The daughter will turn 18 in November 2021. What steps should I take to provide her with the option to also become a US citizen before her 18th birthday.

 

Thanks for reading.

Apply for a passport it’s faster and much easier then doing n400, once your wife get her American citizen then do the passport