Children of naturalized USC

[kennym 275]

My wifes daughter lives outside the US with her father and currently has no legal status in the US.. My hope is that my wife will obtain her citizenship under the 3 year rule.. Will her daughter then be automatically a USC as well????

Thanks in advance...

Kenny

[newacct 688]

No, the daughter must 1) be a permanent resident, and 2) live with her to get citizenship that way.

[NickD 203]

Unfortunely, that is the case, all the fees paid to the USCIS to bring the mom here have to be paid for each child for that AOS, plus you have to have legal prood that the biological parent his giving permission to bring that child here. If from Colombia, everything there has to be done by a notary, and they are not cheap. If a biological parent is involved. Speaking strictly paper wise and a great form of permission is a death certificate of that biological parent.

AOS is an easy process for the kids, not interigated at all, but if the parent is not approve neither are the kids. Would think the ROC should be bypassed as you had to be married for at least two years.

But if the mom does receive her US citizenship, if you want to finish with the USCIS, another 600 bucks and a bunch of evidence is required for an N-600 to get that certificate for each child. plus at least another six month wait. They have a very short memory that you went through all this stuff during the AOS stage.

For the wife applying for US citizenship through marriage, also forgot all that evidence was already submitted during the AOS and ROC stages, save kicking in an extra tax return and up to date bank accounts.

Yes the kids have to have that green card to "automatically" become US citizens with their parent, but not quite sure about the residency requirements. Seems if the kid is brought here later, should be able to apply for that N-600 as soon as they receive that green card. Will leave this up to the experts.

[N400-2011 24]

You, the stepfather could file for the child (I believe that would be quicker than your LPR wife filing for her). If the child arrives as an LPR (in your wife's legal and physical custody) before her 18th birthday (before or after your wife becomes a citizen), then the child would automatically become a citizen at that point (if your wife becomes a citizen before the child turns 18).

[kennym 275]

Thanks Everyone... I appreciate the replies...