Automatic citizenship, military family, retirement on the horizon: help me understand §INA 320 §1431 (c)?

[R&OC 371]

We are wondering if we would need to travel to the US immediately to activate their green cards.

 

This is the background: We applied for the children's green card. They are my biological children and I am a naturalised US citizen. Once my kids receive their greencard, they derive their citizenship through me as I am already a US citizen. Which means they are eligible to apply for a US passport after activation of said green card. However, the child citizenship act stipulates that
children need to reside in the legal and physical custody of their parents in the United States unless they are military dependents (which they are) and I am a military spouse residing in marital union with my husband and German kids.

 

We are wondering if we are hitting a snag: My husband is retiring Jan 01, 2022 but we are planning to stay here longer as he had just been offered a contractor position.

Here is my question: Once we activate their greencard, we would immediately apply for their passport. I am confused how my husbands retirement will affect this. Are the kids good as long as they activate their greencard before Jan 01, 2022 and apply for a US passport BEFORE said date? Our base overseas would process the passport application. Or does the retirement have no impact on the citizenship as long as the kids activate their green card while they are still on his under orders and the date of activation is the date the department of state looks at? Would the kids not derive their citizenship through me if the passport application is filed after my husband retires because we will continue to reside in Germany (hopefully with an end in sight?). My husband and I are confused. Maybe I am not understanding this right.

 

We are planning to visit family end of December and wanted to activate their green card when traveling home. However, if everything as to be done and squared away before my husband retires, then we would need to travel almost immediately.
 

Edited November 25, 2021 by R&OC

[Mike E 11,739]

I don’t know what “activate green  card” means.  
 

They become citizens if all the following are true:

 

* they are issued immigration visas

 

* they enter the USA on those visas 

 

* their U.S. citizen parent has physical  and legal custody of them

 

* their U.S. parent has sufficient physical presence in the USA prior to the birth of the children. 
 

Immigration visas expire. I would focus on them entering the USA with their custodial parent, tethering the evidence of custody and then filing for US passports and passport cards.  Then after those arrive, N-600s to get certificates of citizenship  

[R&OC 371]

Update: After a lengthy court process we finally have the kids’ immingrant visas in hand and came to the US a few days ago.

 

Of course, their biological father isn’t supporting a passport application. We will return overseas as my husband is still on orders. I am trying to deal with the situation from there.

 

 

[Mike E 11,739]

On 11/25/2021 at 7:18 AM, Mike E said:

They become citizens if all the following are true:

 

[..]
 

* their U.S. parent has sufficient physical presence in the USA prior to the birth of the children.   

I don’t know why I wrote the above point, as it is clearly not correct.  They are US citizens now, and your physical presence prior to their births  matters not.  Your physical presence prior to them turning age 18 is what matters and you’ve satisfied that by virtue of entering the USA AND having physical custody ofjturm while in the USA. 
 

1 hour ago, R&OC said:

Update: After a lengthy court process we finally have the kids’ immingrant visas in hand and came to the US a few days ago.

Congratulations 

 

Quote

 

Of course, their biological father isn’t supporting a passport application. We will return overseas as my husband is still on orders. I am trying to deal with the situation from there.

 

 

So in the end the N600-K was the way to go.  Oh well.  
 

As the children are USA citizens, by law they are to fly out of the USA on their USA passports.  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html 
 

So by law your children are stranded in America unless they leave by private land or water craft.  Even then it is theoretically possible for CBP to post exit controls where they have to produce evidence of USA citizenship to leave. 
 

If their other biological parent wishes to see them, then that parent should sign their US passport applications. 
 

What is your evidence of physical custody of the children in the USA?

Edited January 1, 2022 by Mike E