k1 and k2

[PreciousOne 4]

Hi!we have a k1 petition filed and if ever well enter US as a k1 and k2 visa holder and k1 holder adjust her status,does the k2 holder automatically a US citizen?becoz the petitioner is the real biological father of my son(K2)and whose name(petitioner)is in his birth certificate....tnx and any ideas are appriciated.God bless

[Harpa Timsah 13,258]

Was the father a USC when the child was born and had the father lived in the US for 5 years, 2 years after he was 14 years old? If yes, then the baby qualifies for citizenship at birth and does not need a K-2 visa. You can apply for the child's US passport and need to file a report of birth abroad. If another scenario, let us know. Either way, more information is needed. Good luck.

[PreciousOne 4]

Was the father a USC when the child was born and had the father lived in the US for 5 years, 2 years after he was 14 years old? If yes, then the baby qualifies for citizenship at birth and does not need a K-2 visa. You can apply for the child's US passport and need to file a report of birth abroad. If another scenario, let us know. Either way, more information is needed. Good luck.

yeah he is already a US citizen when our baby was born.but when he filed for k1 visa our son is included on the petition.but im just aware that since our petition is k1 and k2, is he entitile for US citizenship from the time he gets to US.

[payxibka 10,044]

yeah he is already a US citizen when our baby was born.but when he filed for k1 visa our son is included on the petition.but im just aware that since our petition is k1 and k2, is he entitile for US citizenship from the time he gets to US.

He is probably entitled to it NOW and thus eligible for a US passport... and if he is he is not even eligible for a visa. need to get that figured out now rather than later

[happyme'11 3]

yeah he is already a US citizen when our baby was born.but when he filed for k1 visa our son is included on the petition.but im just aware that since our petition is k1 and k2, is he entitile for US citizenship from the time he gets to US.

Did u file the CRBA for ur son? To make it clear for u let me say this:

If ur son's father is a US citizen it does'nt mean ur son is automatic US citizen. If your child was born in the Philippines u still have to file for CRBA in MAnila US embassy to get ur son's US citizenship and he don't need the K2.

If he gets his Us citizenship through CRBA he don't need to have a K2 visa to come to the US.

[PreciousOne 4]

Did u file the CRBA for ur son? To make it clear for u let me say this:

If ur son's father is a US citizen it does'nt mean ur son is automatic US citizen. If your child was born in the Philippines u still have to file for CRBA in MAnila US embassy to get ur son's US citizenship and he don't need the K2.

If he gets his Us citizenship through CRBA he don't need to have a K2 visa to come to the US.

tnx for all your reply and suggestions....maybe were too late in inquiring.what does CRBA means?

[JimVaPhuong 4,863]

tnx for all your reply and suggestions....maybe were too late in inquiring.what does CRBA means?

CRBA = Consular Report of Birth Abroad. This is when a US citizen registers the birth of their biological child born outside the United States. If the US citizen meets the residency requirements, as described by Harpa Timsah, then the child has a claim to US citizenship, and the CRBA process will establish that claim and get a US passport for the child.

Many consulates will not issue a K2 visa for a child that has a valid claim to US citizenship. A US citizen is not eligible to get a visa to the US. The consulate will require that a CRBA be filed for the child.

If the US citizen parent doesn't meet the residency requirements then the child should be eligible for a K2 visa, and will automatically become a US citizen when it arrives in the US IF the child is under 18 years of age.

[PreciousOne 4]

CRBA = Consular Report of Birth Abroad. This is when a US citizen registers the birth of their biological child born outside the United States. If the US citizen meets the residency requirements, as described by Harpa Timsah, then the child has a claim to US citizenship, and the CRBA process will establish that claim and get a US passport for the child.

Many consulates will not issue a K2 visa for a child that has a valid claim to US citizenship. A US citizen is not eligible to get a visa to the US. The consulate will require that a CRBA be filed for the child.

If the US citizen parent doesn't meet the residency requirements then the child should be eligible for a K2 visa, and will automatically become a US citizen when it arrives in the US IF the child is under 18 years of age.

ok,but the k1 petition is already filed and were hoping for our approval for may 2010 and our son is included in the petition(k2).is it possible for the embassy to require us to CRBA even if my son is included on the k1 petition?

Another is,is it possible that our son can acquire for US citizenship right away if he gets to US?while the k1 visa holder is AOS?

[JimVaPhuong 4,863]

ok,but the k1 petition is already filed and were hoping for our approval for may 2010 and our son is included in the petition(k2).is it possible for the embassy to require us to CRBA even if my son is included on the k1 petition?

Another is,is it possible that our son can acquire for US citizenship right away if he gets to US?while the k1 visa holder is AOS?

The US citizen only petitions for their foreign fiancee. They don't petition for the children. The children are listed on the I-129F for two reasons:

1. The form requires all children of the beneficiary to be listed.

2. The consulate might not issue a K2 visa to a child that was not listed on the I-129F because they may presume the US citizen petitioner was unaware of the existence of the child, and did not know the child would be eligible to apply for a visa.

If the petition is approved then children of the beneficiary's who are unmarried and under the age of 21 are generally eligible to apply for a K2 visa. Simply listing the children on the I-129F does not mean the US citizen is petitioning for them, nor does it mean that they are required to apply for a K2 visa. By listing them, the US citizen is simply saying "I know these children exist, and that they may be eligible to apply for a K2 visa if the petition is approved." Their eligibility is derived from the K1's eligibility, which is why a K2 is called a "derivative visa". The K1 beneficiary becomes eligible to apply for a visa when the petition is approved, and their children automatically become eligible when the K1 beneficiary becomes eligible.

An exception to this, as I explained before, is that a child with a valid claim to US citizenship is not eligible to apply for or receive a visa to the United States because a US citizen does not require a visa to enter the US. When the consulate discovers that the US citizen petitioner is the biological parent then they are going to want to know if the child has a claim to US citizenship. If the US citizen parent meets the residency requirements, then the child has a valid claim to citizenship, and the consulate may refuse to accept a visa application for the child. They may insist on a CRBA instead.

A child with a biological parent who is a US citizen, and who is present in the US before the age of 18 in the legal custody of the US citizen parent, automatically acquires US citizenship through that parent under INA section 320. This scenario is more common when the child's parent was not a US citizen when the child was born, or the parent didn't meet the residency requirement in order to file a CRBA when the child was born. For example, if someone becomes a naturalized citizen in the United States, and they have biological children who are living with them in the US who are under 18 years old, then their children also become US citizens automatically.

The child's foreign parent does not benefit from this in any way. A K1 must apply for adjustment of status. If they maintain their LPR status for three years, and remain married to the US citizen they acquired their LPR status through, then they are eligible to apply for US citizenship. If they are no longer married to the US citizen, then they must maintain their LPR status for five years before they will be eligible to apply for US citizenship.

[PreciousOne 4]

The US citizen only petitions for their foreign fiancee. They don't petition for the children. The children are listed on the I-129F for two reasons:

1. The form requires all children of the beneficiary to be listed.

2. The consulate might not issue a K2 visa to a child that was not listed on the I-129F because they may presume the US citizen petitioner was unaware of the existence of the child, and did not know the child would be eligible to apply for a visa.

If the petition is approved then children of the beneficiary's who are unmarried and under the age of 21 are generally eligible to apply for a K2 visa. Simply listing the children on the I-129F does not mean the US citizen is petitioning for them, nor does it mean that they are required to apply for a K2 visa. By listing them, the US citizen is simply saying "I know these children exist, and that they may be eligible to apply for a K2 visa if the petition is approved." Their eligibility is derived from the K1's eligibility, which is why a K2 is called a "derivative visa". The K1 beneficiary becomes eligible to apply for a visa when the petition is approved, and their children automatically become eligible when the K1 beneficiary becomes eligible.

An exception to this, as I explained before, is that a child with a valid claim to US citizenship is not eligible to apply for or receive a visa to the United States because a US citizen does not require a visa to enter the US. When the consulate discovers that the US citizen petitioner is the biological parent then they are going to want to know if the child has a claim to US citizenship. If the US citizen parent meets the residency requirements, then the child has a valid claim to citizenship, and the consulate may refuse to accept a visa application for the child. They may insist on a CRBA instead.

A child with a biological parent who is a US citizen, and who is present in the US before the age of 18 in the legal custody of the US citizen parent, automatically acquires US citizenship through that parent under INA section 320. This scenario is more common when the child's parent was not a US citizen when the child was born, or the parent didn't meet the residency requirement in order to file a CRBA when the child was born. For example, if someone becomes a naturalized citizen in the United States, and they have biological children who are living with them in the US who are under 18 years old, then their children also become US citizens automatically.

The child's foreign parent does not benefit from this in any way. A K1 must apply for adjustment of status. If they maintain their LPR status for three years, and remain married to the US citizen they acquired their LPR status through, then they are eligible to apply for US citizenship. If they are no longer married to the US citizen, then they must maintain their LPR status for five years before they will be eligible to apply for US citizenship.

wow what a great explanation!thank you so much!