Slightly possible future scenario

[Jeremy + Kristy 0]

As a lot of you know, Kristy and I live 7.5 miles across the border from each other and she has a seven year old daughter. Once they are moved over here with their K1 and K2 visas, after three years of marriage to me Kristy can naturalize, however, minors no longer naturalize with their parent, correct (as had happened with my mother, hence I'm not a dual citizen)? My step-daughter would naturalize on or after her 18th birthday, right? Well, here's the scenario:

Say, after five years or so, Kristy's naturalized, but my step-daughter isn't, and we end up moving back over to Canada. Say, then, after eight years or so, we want to move to the States again. Well, for Kristy and I, it wouldn't be a problem as we'd both be citizens, right? However, what about her daughter? Would we have to go through some long, arduous process again to get some sort of visa for what would then be my 15 year old step-daughter? Are student visas for high school students, as well, or just college? What kind of a hassle and expense are those? Or, would she still just be a K2 with Advance Parole, and can come back anytime before she's 18. Would she have to live in the States for five years total, or consecutive before she could naturalize at 18?

[Saddle Bronc 124]

Would an INFOPASS appointment (for the specific questions about naturalisation of a minor) help any?

As far as I can see, such an appointment cannot hurt you much (the only hurt it can give you is that of being a total waste-of-time).

[Jeremy + Kristy 0]

Well, disregard my post. I did some research and my step-daughter would naturalize derivatively when/if my wife does, since she has full legal custody. And, neither of them will lose their Canadian citizenship either like my mother did.

[misa 2]

Was your mother a naturalised Canadian citizen? How did she lose her citizenship? I thought that once someone was a Canadian citizen, they're always a citizen?

If Kristy and her kids were born in Canada, they'll never lose their citizenship.

Oh yeah, also she can apply for citizenship in the U.S. 3 years after receiving her conditional greencard. She would still need to apply to remove conditions after 2 years of receiving that greencard to be granted a 10 year. Then a year into the 10 year she can apply for citizenship.

Edited July 13, 2007 by misa

[Jeremy + Kristy 0]

Was your mother a naturalised Canadian citizen? How did she lose her citizenship? I thought that once someone was a Canadian citizen, they're always a citizen?

If Kristy and her kids were born in Canada, they'll never lose their citizenship.

No, my mother was born in Canada (to two German born parents, although my grandfather was a naturalized Canadian) and was naturalized derivatively in the US when she was 14. I've confirmed with the Canadian consulate that my mother did indeed lose her Canadian citizenship when she was naturalized as a minor, under the Canadian citizenship law at that time (the one previous to the current).

[warlord 73]

That must be a very old law. For decades now you never lost your Canadian citizenship when obtaining another one. I haven't even heard of any other law until now. Hell back in the 60's you didn't need a visa to even move to the US like you do now. How times have changed...

[Saddle Bronc 124]

That must be a very old law. For decades now you never lost your Canadian citizenship when obtaining another one. I haven't even heard of any other law until now. Hell back in the 60's you didn't need a visa to even move to the US like you do now. How times have changed...

The CIC site has hints of earlier law (did you miss the references to "after...1977" and "before...1977"? There were lots of those on there, last-i-checked).

[Jeremy + Kristy 0]

That must be a very old law. For decades now you never lost your Canadian citizenship when obtaining another one. I haven't even heard of any other law until now. Hell back in the 60's you didn't need a visa to even move to the US like you do now. How times have changed...

This is what I had received from the Canadian consulate. I was wondering if I was possibly Canadian, which would make me emigrating to Canada a more logical choice than going through this whole journey.

As an aside, the Canadian consulate was very friendly to work with, and my replies came very quickly, even though I am not a Canadian.

The Citizenship Act of 1947 states under Subsection 20(1): Loss of Citizenship by a Minor

Where the responsible parent of a minor child ceases to be a Canadian citizen under section 15, 16 or 17, the child thereupon ceases to be a Canadian citizen if he is or thereupon becomes under the law of any country other than Canada, a national or citizen of that country.

Because your mother naturalized in 1972, the 1947 Act applies.

The 1977 Act states under "The Right to Citizenship"

3(1) Subject to this Act, a person is a citizen if

(B) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen

With respect to any children you and your Canadian-citizen wife, may have, the above section - 3(1)(B) - would apply in order for your children to have Canadian citizenship.

You are also correct that your fiancee will not lose her Canadian citizenship unless she formally renounces it with the Canadian government. This, of course, is subject to change should new legislation ever be introduced.

Edited July 13, 2007 by Jeremy + Kristy