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Child Citizenship - Father's Permission Needed?

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

We are still a few months away from applying for citizenship. My husband is a US citizen, and me and my daughter are perm residents. My daughter is not my husbands biological daughter, and the bio father lives in the US but is NOT a US Citizen. Will we need permission from the bio father to have our daughter receive us citizenship? My daughter lives with me and my husband, and has all her life. The father basicly calls every 3 months, and sends gifts now and then.

If you have documenation about this you could reference that would be great.

Thanks,

W4V's

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

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Filed: AOS (apr) Country: Philippines
Timeline

How old is the daughter? If she is a minor child, won't she receive citizenship automatically through you when you "take the oath"?

YMMV

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How old is the daughter? If she is a minor child, won't she receive citizenship automatically through you when you "take the oath"?

Probably so. If the CCA applies, then when her custodial parent becomes a citizen, she'll become a US citizen whether she wants to or not. Nevemind whether her non-custodial parent wants it. Google "Child Citizenship Act".

And if she's not a minor, she's old enough not to need her father's permission.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: AOS (apr) Country: Philippines
Timeline
Probably so. If the CCA applies, then when her custodial parent becomes a citizen, she'll become a US citizen whether she wants to or not. Nevemind whether her non-custodial parent wants it. Google "Child Citizenship Act".

And if she's not a minor, she's old enough not to need her father's permission.

Kinda what I was thinking.... :thumbs:

YMMV

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

I am hoping this is true. But still haven't found any concrete information. I guess I get to make a phone call to USCIS (I really hate that music).

I am hoping once I receive my citizenship, she will automatically become a citizen. She is a minor, well under 18.

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

I did a google search on the CCA, this seems to answer my question pretty clearly. Only one parent needs to be a citizen, and the minor must be living with the parent with the citizenship.

The child must meet the following requirements:

* Have at least one American citizen parent by birth or naturalization;

* Be under 18 years of age;

* Live in the legal and physical custody of the American citizen parent; and

* Be admitted as an immigrant for lawful permanent residence.

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

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Filed: Citizen (apr) Country: Moldova
Timeline
How old is the daughter? If she is a minor child, won't she receive citizenship automatically through you when you "take the oath"?

Probably so. If the CCA applies, then when her custodial parent becomes a citizen, she'll become a US citizen whether she wants to or not. Nevemind whether her non-custodial parent wants it. Google "Child Citizenship Act".

And if she's not a minor, she's old enough not to need her father's permission.

So does that mean my step daughter Carina (K-2) will automatically become a citizen if my wife gets her citizenship before she turns 18?? That would be great since she is 16 now but won't turn 18 until July 2009 and with any luck Marina will be a citizen a few months prior to that.

After removal of conditions would love to not have to pay USCIS more fees for Carina! :thumbs:

Thanks to all for the guidance and support and speedy processing to all!


Our Visa Journey Timeline

Marina's parents Nicolai & Galina I-130

01/20/2009 I-130 Petitions package mailed to Chicago Lockbox (priority mail)
01/31/2009 NOA1's rec'd for both petitions
03/16/2009 Approval notices dated 03/10/09 rec'd in the mail for both petitions (no on-line update)
03/30/2009 NVC DS-3032 packets received by petitioner
03/31/2009 Paid $70 AOS (affadavit of support) fee on-line (one fee for both petitions)
04/10/2009 Marina's parent's e-mailed DS-3032 to NVC for both petitions
04/15/2009 AOS documents for both petitions mailed USPS Priority to NVC
04/21/2009 Rec'd e-mails from NVC for approval for Marina to be designated agent for both
04/25/2009 Paid $400 IV (immigrant visa) fee on-line for each petition ($800 total for both parents)
06/04/2009 DS-230 & supporting documents for both petitions mailed USPS Priority to NVC
06/22/2009 Both cases completed at NVC (per automated phone line message on 06/30/09)
07/10/2009 Interview notification e-mail received; both interviews scheduled for 08/11/09
08/11/2009 Interview(s) completed for both parents in Bucharest; visas in hand!
12/21/2009 Nicolai & Galina arrived in the United States as scheduled! (Chicago O'Hare)

Marina's parents Nicolai & Galina N-400

10/21/2014 N-400 applications mailed to Phoenix Lockbox (priority mail)

11/03/2014 NOA1's received for both

11/07/2014 Biometrics letters received for both

11/17/2014 Biometrics completed for both

11/22/2014 Received "yellow letter" for both

01/06/2015 Received "in-line" e-mail for both

01/12/2015 Received interview letter for both (scheduled for 2/10/15)

02/10/2015 Interviews passed for both; waiting for oath ceremony date(s)

03/03/2015 Oath Ceremony in Chicago; two new US Citizens!

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