N400 application for minor child

[Tracy-->NY 40]

My minor son and I both moved to the US in 2016 via green card and live in NY. I applied for naturalization in July 2021 but can't figure out how to apply for naturalization for him to make sure he'll get his citizenship at the same time I do.  Help.  

[Mike E 11,739]

How old is your son?

[Verrou 1,962]

7 minutes ago, Mike E said:

How old is your son?

looks like 8 yo from her details

[Tracy-->NY 40]

He's 8. 

[Mike E 11,739]

16 minutes ago, Tracy-->NY said:

My minor son and I both moved to the US in 2016 via green card and live in NY. I applied for naturalization in July 2021 but can't figure out how to apply for naturalization for him to make sure he'll get his citizenship at the same time I do.  Help.  

Per @Misscloud

your son seems to be 8 years old. 
 

So it is likely he will be under 18 when you take oath of citizenship 

 

If so and you have evidence of physical and legal custody of him while he both had a green card and he was under age 18, then he automatically acquires USA citizenship when you naturalize 

 

So after you get your USA passport and passport card, apply for a passport and passport card for him. You will need his green card, your naturalization certificate, his birth certificate, evidence of legal custody, and evidence of physical custody. 
 

After he gets his passport and passport card, file N-600 to get his certificate of citizenship 
 

 

Edited January 27, 2022 by Mike E

[Tracy-->NY 40]

Thanks, Mike E. Won't I need to file and application and pay fees for him. I submitted my application before my interview. I have called the uscis number but no help and all automation.  Will I need to carry any documents to my interview on his behalf. 

[nastra30 2,285]

18 minutes ago, Tracy-->NY said:

Thanks, Mike E. Won't I need to file and application and pay fees for him. I submitted my application before my interview. I have called the uscis number but no help and all automation.  Will I need to carry any documents to my interview on his behalf. 

Once you become a naturalized US citizen your son also automatically becomes a US citizen. Then you follow what @Mike E said above.

[Mike E 11,739]

1 hour ago, Tracy-->NY said:

Thanks, Mike E. Won't I need to file and application and pay fees for him. I submitted my application before my interview. I have called the uscis number but no help and all automation.  Will I need to carry any documents to my interview on his behalf. 

IME the N-400 interview appointment letter asks for the birth certificates of your children.
 

If there is a child support agreement requiring you to make payments, bring evidence of making payments on time.  Otherwise bring evidence that you are not required to make child support payments. 

[Tracy-->NY 40]

40 minutes ago, Mike E said:

IME the N-400 interview appointment letter asks for the birth certificates of your children.
 

If there is a child support agreement requiring you to make payments, bring evidence of making payments on time.  Otherwise bring evidence that you are not required to make child support payments. 

Thank you. What would be evidence that I am not required to make child support payments as he is in my care.  

[Mike E 11,739]

1 hour ago, Tracy-->NY said:

Thank you. What would be evidence that I am not required to make child support payments as he is in my care.  

Are you married to the child’s other parent? If so a marriage certificate.  

 

Or is the other parent deceased? If so a death certificate. 
 

Are you divorced? If so a child custody order / agreement that gives you 100 percent custody or if under 100 percent, says you don’t have to provide child support.  
 

Otherwise if you were never married to the other parent, a court order or an  agreement between other parent and you that says you don’t have to pay child support.  
 

[Mike E 11,739]

3 hours ago, Tracy-->NY said:

Thanks, Mike E. Won't I need to file and application and pay fees for him.. 

Fees for his passport, passport card, and N-600 are generally not free.  So yes you pay.  
 

Unfortunately and tragically, he is not automatically provided evidence of USA citizenship when you naturalize.  Some parents never purpose passport and N-600, and the result is that in adulthood the child is unable to be part of society despite being a USA citizen.  

[Mike E 11,739]

Finally understand that one must be 18 or over to file N-400 and one must not be USA citizen to file N-400.  If you or your son file N-400 your son it will be a waste of money and will be denied.  

[Ontarkie 14,222]

Once you get your certificate in hand he will also be a USC.

You can take your passport application along with his and apply for a US passport for your son. They will want his GC and custody paper work (if divorced) along with both parents. Once he has his passport you can stop with this or  apply for the N-600 and he will get a certificate after the long and expensive process for this. 

[Knome 245]

What you do if you dont have any seperate custody papers. In my case i just have the divorce decree and there were never any seperate custody papers.

[Mike E 11,739]

21 minutes ago, Knome said:

What you do if you dont have any seperate custody papers. In my case i just have the divorce decree and there were never any seperate custody papers.

Odd that the divorce court wrote nothing about custody of your child. 
 

If don’t have written evidence of legal custody then possibly you don’t have legal custody.  And of so your child isn’t a USA citizen. 
 

You might need a family law attorney to help you get written evidence of legal custody.  
 

If don’t have legal custody and you can obtain legal custody before your child turns age 18, you should vigorously pursue that. 

Edited January 28, 2022 by Mike E