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Blueguitar

Do children under 18 automatically become citizens when the parent does?

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OK, here's the situation: my wife has gotten her new Permenant Resident card wit removal of conditions. Our (her) two children have been applied for removal of condidtions, bt we have not yet received their cards.

We are wondering when the best time for her to apply for citizenship is, and whether the kids automatically get citizenship too at that time ... or just how all of that works.

Anyone know this process well?

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If the following conditions are met, then the children will automatically acquire citizenship when their mom naturalizes.

  1. The children are under the age of 18
  2. The children are legal permanent residents
  3. The children are in the mom's legal and physical custody and residing in the US

Your wife can apply for citizenship 3 years (less 90 days (note: NOT 3 months)) prior to her 3rd anniversary as a permanent resident (the resident since date on her conditional/10-year (should be the same date) card is the date to use to calculate the time frame).

Using her naturalization certificate after she takes the oath, she can file for US passports for herself and her two children (if they satisfy all the criteria). She would also need written permission from their father in order to apply for their passports.

Alternatively, she would be able to file the N-600, application for certificate of citizenship on their behalf (again, if they satisfy all the criteria) but this bit of paper costs $600. I obtained my son's passport and card prior to filing the N-600.

Edited by N400-2011

May 20, 2008: Green card approved

N-400

February 22, 2011: Sent N-400 VAWA package

February 23, 2011: FedEx package signed for and delivered

March 15, 2011: Email NOA

March 15, 2011: Check cashed

March 17, 2011: Email re: Fingerprint Notice mailed out

March 18, 2011: NOA received (Notice Date 03/14; Priority Date: 02/23)

March 23, 2011: Biometrics notice received for 03/31

March 31, 2011: Biometrics completed

July 5, 2011: Online status: Now scheduled for interview

July 12, 2011: Received interview letter finally!

August 11, 2011: Interview Date (Garden City) - PASSED!!!

August 15, 2011: In line to be scheduled for Oath

August 16, 2011: Oath scheduled, notice sent

August 20, 2011: Oath notice received

September 15, 2011: Oath ceremony @ 8:30 AM

September 17, 20011: Passport application

September 21, 2011: Passport received

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OK, here's the situation: my wife has gotten her new Permenant Resident card wit removal of conditions. Our (her) two children have been applied for removal of condidtions, bt we have not yet received their cards.

We are wondering when the best time for her to apply for citizenship is, and whether the kids automatically get citizenship too at that time ... or just how all of that works.

Anyone know this process well?

she is eligible to file for citizenship on the third anniversary of her marriage to you since she became LPR. So it does not mater if you have been married for 5years or more but the datefor citizenship starts counting from when the person became resident alien and then on the third anniversary from that date one can apply . Of course the eligibility windo open 90days before that day.

use the follwing calculator and the date on her card to find out

http://www.uscis.gov/dateCalculator.html

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e6051c613880f210VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Yes if she gets her citizenship and has kids below 18years, they become automatic citizens but with no paperwork(certificate of citizenship) to show for theirs unless you guys apply for it.


GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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if your wife just received her first two year conditional green card, your first concern is to download that I-751 ROC form and start gathering evidence. With this form she can also list her kids and just pay 80 bucks extra for each one for biometrics. That is providing the kids receive their conditional green cards dated within 90 of hers. Or else you have to file another I-751 fee for each kid extra.

Also a good time to download that N-400 for citizenship and start keeping records. USCIS form site also lists the fees, also a good time to start a savings account and hope they don't double the fee prices like they did for us. Just couldn't be a 5 or 10% increase to compensate for inflation, had to be more than doubled the existing fee rates.

N-400 is not like the I-751 where the kids get their green cards they also need to become automatic US citizens when their mom does. They are US citizens but without nay proof of that, Then you need to apply for an N-600 for each kid after she receives her certificate

You can also download all the instructions and that M-476 manual and study for the next couple of years. It's good to do this now, too many come to this board and can't remember all this stuff for the last three years and start begging for help no one can help them with.

Also good to type the earliest day she can apply for that I-751 and hang that on your refrigerator door That is one form you cannot forgot to keep your family here legally Ours hung on our refrigerator for 21 months.

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They don't need to.

Maybe they don't need to, but I need to. Want to be completely free of the USCIS, want those kids I brought here to have a certificate of naturalization, plus a car, and a four year college degree. So they have a chance of being successful here.

Yes, you can legally save around 400 bucks just by applying for a US passport. And yes, you can also legally kick them out of your home when they turn 18 if you want to be that kind of a parent.

Maybe this is your choice, sure isn't mine.

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