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Certificate of Citizenship on an IR2 visa

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Good day everyone! I hope everyone is enjoying the season as we are here in the east coast. My question is regarding my son who got approved for an IR2 visa in the Philippines. He will be coming sometime on August and his 18th birthday is end of October this year. I got my ctizenship (being married to US citizen) on June of this year, took an oath thesame day and got my Cert of NaturaliZation. My son is my legitimate son from my previous marriage. Will he be able to become automatic citizen when he arrives here? It is like he is arriving 2 months prior to his 18th birthday. And can he apply for US passport when he arrives here? What are the requirements and does he need to apply for certificate of citizenship? Has anybody out there in thesame situation or was? I hope to gather inputs here and sorry for the long post. Have a great day everyone!

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Filed: Country: Vietnam (no flag)
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Hi,

If your son enters the US on the IR-2 visa before his 18th birthday to live with you, his USC mom, then he automatically gains US citizenship.

You co not need to pay $600 for the Certificate of Citizenship (N-600).

You can just get a US passport for $140. File with a copy of your Naturalization Certificate or US passport to show you are a USC, his birth certificate to show that he's your son, and his green card to show that he is an LPR to meet the requirements of the Child Citizenship Act to prove that he is a US citizen.

Best of luck

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Yes if you are a USC and your legitimate child is in your physical custody, an lpr, and under 18, they are a citizen upon lpr status (arrival for ir2.) Do not pay the $165 fee and apply for a passport

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 3 weeks later...

Hi Aaron and NLR thanks for your replies. I highly appreciate the time to stop by and leave a comment. By the way, NLR, what about the $165 that I need not pay?

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Filed: Timeline

Hi Aaron and NLR thanks for your replies. I highly appreciate the time to stop by and leave a comment. By the way, NLR, what about the $165 that I need not pay?

He's talking about the immigrant fee you have to pay before they will issue the plastic green card. Because he's already a US citizen, nothing will happen if you don't pay the fee. The immigrant visa stamped upon entry serves as proof he is a permanent residency that can be used to get his passport.

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Filed: Citizen (apr) Country: Hungary
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If i do nkt pay, they might not issue him a greencard.

He does not need a GC as he will automatically become a citizen upon entry on IR-2 before his 18th birthday. For the passport application you can use the stamp in his passport as proof.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: F-2A Visa Country: Nepal
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If i do nkt pay, they might not issue him a greencard.

That's the main point. He doesn't need a GC since he will be a citizen once he is in the US. The i551 stamp he will get on his passport upon entering US is the proof of his permanent residency, a copy of which will be needed while applying for his US Passport.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Another question is he will come here before his 18th birthday. Granting I will be able to get his passports, ect. He wants to go back to my county to study there. What will happen to his citizenship?

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I see. Just wondering if I get complications for not paying $165. Thanks for the inputs guys. Highly appreciated.

No. He has a temporary green card upon entry valid for 1 year. However, because he's immediately a citizen, he does not need a green card. He needs a passport.

Another question is he will come here before his 18th birthday. Granting I will be able to get his passports, ect. He wants to go back to my county to study there. What will happen to his citizenship?

Nothing. Once he has citizenship then he has citizenship unless he's renounces said citizenship. It will be his for life. However, if he doesn't spend at least 5 years in the USA, he wont' be able to pass citizenship down to his children.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NLR, he gets temporary greencard? When is he getting it? You mean few weeks after his arrival? And what do you mean he has to stay 5 years in the US inorder to pass the citizenship to his children. He has to stay straight 5 years? Because he is going to come here then maybe few months he will go back to my country Philippines to study college since it us cheaper there than here but he will be coming home for the summer when he is off from school there.

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Filed: Timeline

NLR, he gets temporary greencard? When is he getting it? You mean few weeks after his arrival?

No. The immigrant visa he uses to enter, automatically becomes a temporary green card for one year from entry.

And what do you mean he has to stay 5 years in the US inorder to pass the citizenship to his children. He has to stay straight 5 years? Because he is going to come here then maybe few months he will go back to my country Philippines to study college since it us cheaper there than here but he will be coming home for the summer when he is off from school there.

It's the current US requirements for transmitting US citizenship to a child born abroad when only one parent is a US citizen. He has to have been physically present cumulative (not necessarily continuously), in any status, any time in his life before the birth of the child, for 5 years, including 2 years after he turns 14. Of course, the law could change between now and then. Also, even if citizenship is not transmitted to the child at birth, there are ways of getting citizenship for the child after birth.

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Thank you Newacct. Another question is he us coming end of this month. Does it matter if I will buy round trip tix. It is cheaper and thought just incase he feels honesick and wanna visit my parents then I will save dollars rather than buying a one way. Do you guys think the immigration will make a bug deal on this? Thanks

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Filed: F-2A Visa Country: Nepal
Timeline

The immigration officers will not ask him to show his travel itenerary or ticket upon at the POE, so don't worry.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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