N-400 for LPR wife and stepchildren

[topcatdc 0]

Hi Everyone, 

Thank you for your support throughout the entire process of getting my wife and stepchildren into the US. I couldn't have done it without your wise and expert advices. Now I'm at the last step of the journey where my LPR wife and both stepchildren received their 10 year GC. Now that I'm prepared to file for naturalization, I have a few questions and hoping that I'll receive the correct guidance as always. 

• Do I need to file 3 N-400 forms (wife and 2 stepchildren)?
• In some documentation, I have read contradictory statements regarding stepchildren. I read on USCIS portal that a stepchild can not acquire citizenship until or unless they're adopted. I have not filed a petiton for their adoption in my local court yet. I am working with a lawyer to get this done, but based on the congestion at the family court in my county, it'll take at least a year, if not more. Is this a holdup? I also read on this potal that as soon as their mother (now LPR, with 10 year extension) becomes a US citizen, they automatically becomes citizen as well. This two statements have me in a big confusion. I'm hoping that the experts here can sort this out for me. Which one is true?
• One of my children's 10 year GC has wrong picture. Does that matter at all? is there an online portal where I can request a correction?

Thank you so much for all your valuable insights. Keep up the good work. 

[milimelo 4,481]

Read the instructions for N400. If kids are under 18, they do not do N400 - they become a citizen if conditions are met. If 18 or older they do N400. 

[OldUser 6,689]

15 minutes ago, topcatdc said:

 

• One of my children's 10 year GC has wrong picture. Does that matter at all? is there an online portal where I can request a correction?

What do you mean by "wrong picture"? Is it somebody else's photo on the green card? That's not good. How long ago was it issued? You should have filed I-90 ASAP to replace when you saw any detail inaccuracy.

[topcatdc 0]

16 minutes ago, milimelo said:

Read the instructions for N400. If kids are under 18, they do not do N400 - they become a citizen if conditions are met. If 18 or older they do N400. 

Thank you. I do read the instructions line by line. But a lot of the lingo feels confusing to me and i always turn to this community for clarity. 

[topcatdc 0]

2 minutes ago, OldUser said:

What do you mean by "wrong picture"? Is it somebody else's photo on the green card? That's not good. How long ago was it issued? You should have filed I-90 ASAP to replace when you saw any detail inaccuracy.

They put my elder daughter's picture on both the daughter's GC. The cards came in on Monday. I will file the I-90 today. 

Thank you for pointing me in the right direction. 

 

[OldUser 6,689]

5 minutes ago, topcatdc said:

They put my elder daughter's picture on both the daughter's GC. The cards came in on Monday. I will file the I-90 today. 

Thank you for pointing me in the right direction. 

 

Beware it may take a while (months) for it to be processed. I don't know whether international travelling would be advisable with that card. If travel is needed, try getting a I-551 stamp in child's passport.

 

You don't have to send the original card with I-90, as far as I know. Make sure to keep the copies of all Green Cards just in case also.

 

You shouldn't have to pay the fee for replacement if it wasn't your mistake.

 

Edited November 16, 2022 by OldUser

[da95826 387]

On 11/16/2022 at 9:39 AM, topcatdc said:

Do I need to file 3 N-400 forms (wife and 2 stepchildren)?

Only file n400 for step children who are over 18 years old. If none are over 18 then only file the n400 for your wife.

 

At the time your wife becomes a citizen all her children that are under 18 years old at that time become automatic US citizens by law if they have a green card are in the USA living with your wife in her custody. After they become citizens you would file n600 to receive a certificate of citizenship, they do not naturalize.  

 

You can get US passports for the children after they become citizens but I would suggest to file the n600 for them as well.