US Passport on K2

[Pacia 12]

Can a Minor K2 upon entering United States with her K1 mom apply USPassport directly for being a biologigal daughter of A US Citizen Fateher or does the baby have to file a green card first with the mom before he gets automatic citizenship?
Thanks

 

[Letspaintcookies 2,310]

Can the father not transfer citizenship via CBRA? 

[iwannaplay54 985]

No need for a K visa for a USC.  The correct path is file for a Consular Report of Birth Abroad (and a passport) at the nearest US consulate or embassy.

The father will need to manage this.  A USC child does not fall under the jurisdiction of the IV section, their documents are issued through Citizens Services (much friendlier) section 

Edited February 6, 2022 by iwannaplay54

[Letspaintcookies 2,310]

3 minutes ago, iwannaplay54 said:

No need for a K visa for a USC.  The correct path is file for a Consular Report of Birth Abroad (and a passport) at the nearest US consulate or embassy.

The father will need to manage this.  A USC child does not fall under the jurisdiction of the IV section, their documents are issued through Citizens Services (much friendlier) section 

Depends if the father is able to transfer citizenship or not.

[Boiler 45,949]

The child would not have been issued a K2 if the child was a USC

[Pacia 12]

Crba not possible. Us citizen father lacking the 5 yr residency requirements. Only been in America for 2 yrs

[jan22 3,056]

8 hours ago, Pacia said:

Can a Minor K2 upon entering United States with her K1 mom apply USPassport directly for being a biologigal daughter of A US Citizen Fateher or does the baby have to file a green card first with the mom before he gets automatic citizenship?
Thanks

 

No.  One of the requirements of the Child Citizenship Act is that the child is admitted into the US as a legal resident (and is under the age of 18 and living in the US in the custody of the US citizen parent).  So, US citizenship is not acquired from an entry on a K-2, as the child does not have legal residency. 

 

However, once the marriage to the K-1 occurs and the Adjustment of Status is completed, the child then becomes a legal resident and acquires US citizenship with no additional requirements of papeework (except for a US passport application if desired).

[Pacia 12]

8 hours ago, jan22 said:

No.  One of the requirements of the Child Citizenship Act is that the child is admitted into the US as a legal resident (and is under the age of 18 and living in the US in the custody of the US citizen parent).  So, US citizenship is not acquired from an entry on a K-2, as the child does not have legal residency. 

 

However, once the marriage to the K-1 occurs and the Adjustment of Status is completed, the child then becomes a legal resident and acquires US citizenship with no additional requirements of papeework (except for a US passport application if desired).

Well said. Inwas thinking the same, too and needed that confirmation. Thank you so much.

[Mike E 11,742]

17 hours ago, Pacia said:

Crba not possible. Us citizen father lacking the 5 yr residency requirements. Only been in America for 2 yrs

You’ve had just two years of physical presence in the USA yet are a USA citizen. 
 

Did your daughter ever live with you?

 

Is she living with you now?

[Mike E 11,742]

13 hours ago, jan22 said:

  with no additional requirements of papeework (except for a US passport application if desired).

“If desired”?

 

The consequences of not having proof of USA citizenship after this child is automatically made into. USA citizen are devastating.  I’m currently advising someone whose parents lost their naturalization certificate and lost their child’s birth certificate.  N-600 was denied because parents didn’t respond to an RFE a decade ago.  Green card has expired.  Life is hell now for this person.
 

$65 to get a passport card is all it takes to ensure a normal life for this child after she gets a green card.   

Edited February 7, 2022 by Mike E

[jan22 3,056]

6 hours ago, Mike E said:

You’ve had just two years of physical presence in the USA yet are a USA citizen. 

. . .

Could have been born in the US, but left as a baby.  Could have joined the military and got expeditious naturalization.  Could have been with in US when parents naturalized a couple of years ago while he was still under 18.

 

If fiancee and child got K-1/K-2 visas, it's clear USCIS thought he was a US citizen, however he qualified for it.

[Mike E 11,742]

9 minutes ago, jan22 said:

Could have been born in the US, but left as a baby.  Could have joined the military and got expeditious naturalization.  Could have been with in US when parents naturalized a couple of years ago while he was still under 18.

 

If fiancee and child got K-1/K-2 visas, it's clear USCIS thought he was a US citizen, however he qualified for it.

My point was OP is probably not living in the USA and thus possibly living with OP’s  daughter.  If so, there are (or were) alternatives to K-2 /  I-485 

Edited February 8, 2022 by Mike E

[Pacia 12]

Yes both correct. I became a US Citizen because i was a minor when i entered US through i-130. Then after getting my green card applied directly for a us passport. Now i have a K1/k2 will be joining me next year. Unfortunately i did not meet the criteria of US residency that is why i did not take the CRBA route. Now upon entry of my K1/K2 one of the requirements fora minor automatic citizenship is should have at least a green card thereby i can not take the shortcut of K2 directly applying for passport upon entry

Thank you so much for your replies

[Mike E 11,742]

49 minutes ago, Pacia said:

Yes both correct. I became a US Citizen because i was a minor when i entered US through i-130. Then after getting my green card applied directly for a us passport. Now i have a K1/k2 will be joining me next year. Unfortunately i did not meet the criteria of US residency that is why i did not take the CRBA route. Now upon entry of my K1/K2 one of the requirements fora minor automatic citizenship is should have at least a green card thereby i can not take the shortcut of K2 directly applying for passport upon entry

Thank you so much for your replies

Where I was going with all this is N-600K. Given where she is in the K-2 process, too late for that unless your family and you decide  to not complete the process.  

 

 

 

 

Edited February 8, 2022 by Mike E

[Pacia 12]

Sorry Mike. I got you confused. My K1/k2 just had their succesful interview and is waiting for their visa to join me here in NY and get married and so forth. Now my question is can i take the shortcut for my k2 that is apply for passport directly upon her lawful entry she being a minor automatic citizen.
But somebody above replied that she needs to be admitted lawfully as a greencard holder before she could automatically apply US  passport which i told him I was thinking the same too and needed confirmation.