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Brent and Vika

Citizenship for my stepson when his mom does?

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Quick question and any insight would be appreciated. We are thinking ahead here so bear with me. In a couple years my wife will apply for citizenship. Do we need anything from my stepsons father back in Ukraine to allow him to get it as well. My stepson will only be 12 or so when this happens. We just want to work ahead to have his biological father sign anything on their trip home this summer. Thanks for any help with this!

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hi

is your stepson already a LPR, if so, he doesn't need anything from is biological father

he will derive citizenship once his mom becomes a USC, not at the same time, just as long she becomes a USC before he is 18

Edited by aleful

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The father needs to sign the application for a US passport unless mom has full custody.

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Both responses are correct. He'll become a citizen automatically when his mother naturalizes provided he is a permanent resident and under 18 at the time. No permission needed from biological father.

He will need the father's permission to obtain a US passport unless the mother has been granted sole custody.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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No full custody. The issue we run into is a bit strange and complicated. They are from Ukraine. If you follow the news you will know there are "troubles" there. His biological father is behind the lines and lives in the breakaway republic. We are having a difficult time with getting him to sign necessary papers just for them to visit and to be able to return to the states. That is a Ukriane rule on leaving the country nothing from USA. I have no idea how we would even begin to get him to sign a form (and get it notarized) for my stepson to get a passport. Luckily his father isn't a bad guy, just stuck in a war zone that doesn't recognize Ukraine as their country anymore. Any thoughts? I swear, you couldn't write a story like this.

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No full custody. The issue we run into is a bit strange and complicated. They are from Ukraine. If you follow the news you will know there are "troubles" there. His biological father is behind the lines and lives in the breakaway republic. We are having a difficult time with getting him to sign necessary papers just for them to visit and to be able to return to the states. That is a Ukriane rule on leaving the country nothing from USA. I have no idea how we would even begin to get him to sign a form (and get it notarized) for my stepson to get a passport. Luckily his father isn't a bad guy, just stuck in a war zone that doesn't recognize Ukraine as their country anymore. Any thoughts? I swear, you couldn't write a story like this.

Since this issue is 2 years away, there's nothing you can do now except hope that the situation in The Ukraine is resolved soon or that things settle down a little at least. Barring cooperation from the father, you can go to court and get a judge to issue an order to temporarily or permanently suspend the father's rights in this matter because of his unavailability.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Just, to clarify....Is your wife and her son are still in Ukraine and you just filed K-1 for her? Or she has already received her Green Card?

If she's not a permanent resident yet the citizenship is three years away so you've got plenty of time.

But yes, if this is a shared custody then, unfortunately, he does need to sign a paperwork allowing his son to leave the country. Try to consult with a good lawyer in Ukraine. Make an effort to get hold with the father and explain the situation.

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