Bringing other step kids to the US

[Eric-Pris 1,602]

What about this situation...

My wife and 2 daughters are here (K1 & K-2's), have green card (currently removing conditions). My wife has 2 other kids (ages12-13) in her country who did not move here with her, but may want to in the next couple of years.

If she becomes a citizen, I know that the two K-2's automatically do. What about her other two kids?

I know one of the conditions is that they have to be admitted to the US for permanent residence to receive automatic citizenship, so they won't be citizens living abroad. But do they have to be admitted to the US prior to my wife applying for citizenship, or can they come here AFTER she receives citizenship?

THANKS.

[canadian_wife 1,791]

I'm pretty sure they need to be permenant residents in the US when your wife naturalizes in order to get citizenship. Someone will confirm

Good luck

[Zen Den 18]

What about this situation...

My wife and 2 daughters are here (K1 & K-2's), have green card (currently removing conditions). My wife has 2 other kids (ages12-13) in her country who did not move here with her, but may want to in the next couple of years.

If she becomes a citizen, I know that the two K-2's automatically do. What about her other two kids?

I know one of the conditions is that they have to be admitted to the US for permanent residence to receive automatic citizenship, so they won't be citizens living abroad. But do they have to be admitted to the US prior to my wife applying for citizenship, or can they come here AFTER she receives citizenship?

THANKS.

it's not a requirement. it's a matter of when your wife would like to bring them over. since they're children (less than 21), there won't be any problems bringing them over in the next 2-4 years (unless they change the provisions during this time period, hehe) because the only main issue would be their place in the visa waiting line (priority/preference) based on your wife's status (whether a LPR or a USC) at the time of application, which is almost a non-issue when the beneficiaries are children.

the sooner she applies though (while an lpr) the better because the only effect on it when she becomes a usc is that their papers are moved closer to the priority list. no time will be wasted

also any issues you find on the children's papers will be resolved sooner.

[Eric-Pris 1,602]

So are you saying that she can apply for citizenship now, and then in the next 3-4 years, as soon as the kids come into the US as immigrants, they will automatically receive citizenship?

Thanks again.

[canadian_wife 1,791]

She can apply for citizenship after being a resident for 3 years and married to a USC, unless she has that now, she cannot apply for citizenship now

Good luck

[Eric-Pris 1,602]

She can apply for citizenship after being a resident for 3 years and married to a USC, unless she has that now, she cannot apply for citizenship now

Good luck

My question wasn't clear. I know about the 3 year rule for my wife to apply for citizenship. Next year, she will have her GC for 3 years, so she'll be eligible. My question was more about the kids. Do they have to already be here as permanent residents BEFORE my wife applies for citizenship in order to receive the automatic citizenship through my wife, or could we bring them over AFTER she gets her citizenship. If we do it after, will they automatically receive citizenship as soon as they enter the US as immigrants or do we have to send out forms? Or would we just apply for their U.S. passports after they arrive?

Sorry about the confusion.

[canadian_wife 1,791]

See below - especially in bold

http://www.uscis.gov/files/pressrelease/CCA_102504.pdf

The CCA of 2000 states that a child is automatically a United States citizen when one parent is a United States citizen by birth or naturalization and the child is under 18 and is a lawful permanent resident at the time citizenship occurs. Also, the child must be residing in the United States in the legal and physical custody of the United States citizen parent. In other words, to be eligible for the automatic acquisition of citizenship under the CCA of 2000, the child must have been under the age of 18 on the date of passage and meet all of the other abovementioned requirements.

If they are not legal residents when your wife naturalizes, she may then petition for them herself but they will NOT receive citizenship

Good luck

Edited December 6, 2010 by canadian_wife

[Victor Duran 0]

Does anyone have to contact number to the visa call center in the Phil? The old 1-888-877-9888 don't work anymore and I need to follow up on a K-2 visas for wifes 2 sons. Please help if anyone knows. Thanks

[ezzie 7]

hi. I have some questions with regards to the acquisition of citizenhip ( CCA )

I have 2 pending I-130 applications for my kids, aged 17 ( turning 17 this Dec) and 15 respectively. I have also applied to be USC. My question-

Does the above post mean that when my kids are able to come, by God's grace before my eldest turns 18, and I am already a USC at that time, he will not be eligible to be a derivative? Will that be because I would have become a USC, BEFORE they are able to come here? Based on the trends, I think I will be USC first before they come. My husband, who is USC was the one who petitioned for them ( as stepchildren)

If this is the case, I should have filed for the N-400 when they are already here as LPRs?

Sorry for the confusion..I tried to do everything at once, thinking it will be beneficial to them, aside from the fact that I have been heartbroken from missing them for quite sometime...

[Eric-Pris 1,602]

hi. I have some questions with regards to the acquisition of citizenhip ( CCA )

I have 2 pending I-130 applications for my kids, aged 17 ( turning 17 this Dec) and 15 respectively. I have also applied to be USC. My question-

Does the above post mean that when my kids are able to come, by God's grace before my eldest turns 18, and I am already a USC at that time, he will not be eligible to be a derivative? Will that be because I would have become a USC, BEFORE they are able to come here? Based on the trends, I think I will be USC first before they come. My husband, who is USC was the one who petitioned for them ( as stepchildren)

If this is the case, I should have filed for the N-400 when they are already here as LPRs?

Sorry for the confusion..I tried to do everything at once, thinking it will be beneficial to them, aside from the fact that I have been heartbroken from missing them for quite sometime...

Based on the information I have found in my search, I am not sure that what the previous member said about the kids having to be residents BEFORE you apply for citizenship is correct. I'm not 100% sure, but I believe that they can come after you are naturalized and they can still be naturalized as a derivative, as long as they are admitted to the US as immigrants (meaning they can't come on a tourist visa). So if your kids come AFTER you're naturalize, they may still become citizens.

But again, I'm not 100% sure, I've come across contradicting information online. Best to speak with a couple immigration lawyers. Let me know if you find out for sure, I would be interested to know myself. Thanks.

Edited January 3, 2011 by Eric-Pris

[Brother Hesekiel 2,235]

Ezzie,

when your kids are LPRs, and you naturalize, they automatically become USCs with you. They then would file N-600s to document what has taken place.

If you are a USC already by the time your kids arrive in the US, that won't work anymore, of course. They then would get their own Green Cards, and 5 years later they can file their own N-400s.

[ezzie 7]

Thanks Eric-Pris and Bob for your responses..Truly appreciate them.

[Jojo92122 1,924]

Eric-Pris,

There are four requirements. At any time that all four are met, the children will obtain US citizenship. The children can immigrate AFTER their mom naturalize and still be able to obtain citizenship. Take this from someone who has actually gone through the process.

The requirements under CCA are;

1) The child has at least one US citizen parent (by birth or naturalization).

2) The child is under age 18.

3) The child is currently residing permanently in the US in the legal and physical custody of the US citizen parent.

4) The child has been admitted to the US as a legal permanent resident or has been adjusted to this status.

As long as the children immigrate to the US before age 18 as LPRs and live with mom who is a US citizen, they are US citizens. It does not matter if they come after she becomes a US citizen. At any moment that all four requirements are met, they are US citizens.

After they come to the US, just file form N-600, Certificate of Citizenship. That's it. They do not need to file form N-400, Application for Naturalization. They are not naturalizing, they receive their US citizenship by Operation of Law under the CCA.

After the Certificate of Citizenship is received, they can file for a US passport so they can travel abroad.

Edited January 4, 2011 by Jojo92122

[ezzie 7]

Thanks, Jojo. This is of help to me as well. God bless..

[Eric-Pris 1,602]

As long as the children immigrate to the US before age 18 as LPRs and live with mom who is a US citizen, they are US citizens. It does not matter if they come after she becomes a US citizen. At any moment that all four requirements are met, they are US citizens.

Jojo,

Thanks for the post,

In your situation, did the kids come before or after the LPR naturalized? I only ask because your post contradicts whatJustBob posted. I'm trying to figure out which is correct.

Thanks a lot,

Eric