After IR-2 visa approved

[Mike E 11,739]

14 minutes ago, MMarco said:

not an option

Were you ever married to their mother?

[MMarco 6]

3 minutes ago, Mike E said:

Were you ever married to their mother?

yes, 

the kids mother and myself were married at the time we have the kids, and after divorce we never been in court for legal custody,

but as she "the kids mother "was busy she ask me to take care of the kids,

so I send the kids to my mother, and they living with my mother for over 6 years now   

 

[Mike E 11,739]

27 minutes ago, Timona said:

 

Just between you two. Try and work something. 

 

No requires document to avoid losing citizenship. They just come in and it's automatic. However, they have to be under 18 when they pass the point of entry check in. I'll suggest not to wait to have them come in last minute because things happen. Latest I'll suggest is a week before he turns 18.

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4
 

 

Legal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a U.S. citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:^[8]

…

 

• A biological child born out of wedlock who has been legitimated and currently resides with the parent;

does not apply to OP
 

• A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.

does apply to OP.  
 

1 minute ago, MMarco said:

yes, 

the kids mother and myself were married at the time we have the kids, and after divorce we never been in court for legal custody,

but as she "the kids mother "was busy she ask me to take care of the kids,

so I send the kids to my mother, and they living with my mother for over 6 years now   

 

You need to focus on this if you want your 17 year old  son to be a citizen before he turns age 18.  Just trying stuff and hoping it will work can result in:

 

* citizenship being denied 

 

* citizenship being erroneously granted and then years later, State Department or USCIS revokes citizenship.  Revocation doesn’t require due process in court though your son(s) can try to sue to over turn it.  

[Timona 4,207]

But it looks like the mother left OP alone with the kids. So she wouldn't even know or care if they made a round trip 

[MMarco 6]

1 minute ago, Timona said:

But it looks like the mother left OP alone with the kids. So she wouldn't even know or care if they made a round trip 

I'm sorry what is the "OP"? 

[Mike E 11,739]

5 minutes ago, Timona said:

But it looks like the mother left OP alone with the kids. So she wouldn't even know or care if they made a round trip 

Neither will the State department when it rejected the son’s passport application 

3 minutes ago, MMarco said:

I'm sorry what is the "OP"? 

Original Poster. You. 
 

And with that, I’m out.

[Timona 4,207]

7 hours ago, Mike E said:

Neither will the State department when it rejected the son’s passport application 

Original Poster. You. 
 

And with that, I’m out.

 

The issue was to trigger the automatic citizenship. In terms of PP, OP can apply at the embassy back in his country when the kids finish the round trip. So, he doesn't need to apply for the PP in US.