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Filed: Country: Pakistan
Timeline
Posted

Hi,

I am a US citizen. My wife and kids are now here in US after getting the immigrant visa based on my citizenship. Visa type was IR.

I have two questions.

- It is my understanding that my 3 year and 1 year old kids can derive citizenship from me and I can apply for US passports for them based on my passport. Is it right?

- How would my wife get the plastic green card? Do I need to file something or would she get it automatically in mail?

Filed: Country: Canada
Timeline
Posted
Hi,

I am a US citizen. My wife and kids are now here in US after getting the immigrant visa based on my citizenship. Visa type was IR.

I have two questions.

- It is my understanding that my 3 year and 1 year old kids can derive citizenship from me and I can apply for US passports for them based on my passport. Is it right?

- How would my wife get the plastic green card? Do I need to file something or would she get it automatically in mail?

1) Yes... You can apply for passports for the children as long as you are listed on their birth certificates as the father and are married to the mother. The children's BC's (with translation if required), your marriage certificate (with translation) and evidence of your US Citizenship is required.

My question is, the consulate should not have given the children Immigrant Visas if they were US Citizens. THe consulate should have issued the children Reports of Birth Abroad with US Passports if they were determined to be US Citizens during the interview. What circumstances caused the consulate to issue the Children Immigrant Visas insrtead of passports. If they are not your biological children, they cannot dervie US Citizenship from you unless you subsequently adopt them and wait 2 years.

2) Your wife will receive her GC in about a month, you need to do nothing further.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Posted

Hi There

If your kids were born abroad, really the best thing to do would have been to register their birth with the US Consulate and get a Consular Report of Birth issued for them. However, fi you did not do that, yes by far the easiest way to do this is to apply for passports for them using derived Jus Sangunis (by blood rules). My wife went through this as she was born abroad in Canada to a US Citizen mother. The official rule is that your children have derived citizenship from you if:

If you were born on or after 11/14/86, and one of your parents was a U.S. citizen at the time of your birth, you may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling 5 years prior to your birth, at least 2 of which were after their 14th birthday.

So basically fill in a passport application and also take in sufficient proof that you met these residency requirements (rental contracts, bills, education records, employment records etc all count).

Now if they were born in the United States, there is no issue just send their birth certificate.

Hope this helps

Muraari

Hi,

I am a US citizen. My wife and kids are now here in US after getting the immigrant visa based on my citizenship. Visa type was IR.

I have two questions.

- It is my understanding that my 3 year and 1 year old kids can derive citizenship from me and I can apply for US passports for them based on my passport. Is it right?

- How would my wife get the plastic green card? Do I need to file something or would she get it automatically in mail?

June 29, 2007 : Erin and Muraari's Wedding in Seattle, WA (YAY!!!!!!!!!!!!!!!!!!!!!!!)

July 24, 2007: Mailed all paperwork to Chicago (Wish us luck)

Aug 31, 2007: Biometrics Appointment

Sep 1, 2007: Received NOA1 (Dated Aug 29)

Nov 25, 2007: Received notice for interview in Baltimore, MD (No touches, nothing online to date)

Jan 22, 2008: Interview in Baltimore, MD. Went well.

Jan 29, 2008: Can finally track I-130 online. Approved.

Jan 31, 2008: Email I-485 "Card production ordered"

Feb 5, 2008: Another email I-485 "Card production ordered"

Feb 7, 2008: Received I-130 approval and I-485 "Welcome to America Letter" in snail mail

Feb 7, 2008: Email I-485 "Approval notice mailed"

Feb 9, 2008: GC in hand....... (Done with USCIS for a few months) YAYY!!!!!!

Oct 22, 2009: Process starts again. Going to mail I-751 to VSC

Jan 26, 2010: Notice of Approval and Card Production for 10-year GC

Feb 3, 2010: 10-Year GC Received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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