Citizenship requirements for kids of original K-1 holder

[kptaylor 5]

Hello!

Been reading up on naturalization requirements, and I am unsure how my wife's kids are treated under the rules.

My wife entered the US on a K-1 visa, we married, did AOS to get the 2 yr green card, then removed conditions for the 10 year green card. We will be coming up on the 3rd anniversary of her green card issuance date later this year, so I am trying to determine how she can apply for her naturalization along with her three kids. The three kids came to the US with her under her K-1 and they went through the same process she has, resulting in them all being 10 yr green card holders.

Here is the issue. The kids are now 18, 15 and 12. It seems as if the 15 & 12 yr old kids will become citizens based upon my wife attaining citizenship, along with the filing of an N-600(?) for each of them after her naturalization ceremony. Since the oldest is now 18, does that mean he has to wait until he satisfies the 5 yr residency rule, or can he also apply for naturalization this year based upon my wife's reduced 3 yr residency rule?

Thanks for the help, it's always appreciated!

[BigDaddy28 228]

You got that right the youngerr kids will become US citizens with your wife. You have to apply for n600 if youwant our just apply for their passport using your wife's certificate of naturalization. The oldest had to wait until 5 years. He is not eligible for 3 years. Good luck.

[Shub 78]

Yes, your 15- and 12-year-old stepchildren will become citizens automatically when your wife becomes a citizen, provided of course she swears the oath before those children turn 18. Like you said, form N-600 must be submitted.

As for the 18-year-old, he may apply 5 years (less 90 days) from the date he became a permanent resident. The 3-year rule is only for spouses of US citizens.

[girimurthy 5]

N-600 is only optional, if you want it. You can apply for their passport once your wife becomes a citizen.

Edited January 30, 2014 by girimurthy

[Shub 78]

N-600 is only optional, if you want it. You can apply for their passport once your wife becomes a citizen.

Ok, yes, that is correct and you don't need to submit N-600.

In the absence of self-evident proof of US citizenship though (e.g. the certificate you would obtain by filing N-600), you would still have to provide evidence of the children's relationship to a US citizen parent.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html has the relevant details.

Edited January 30, 2014 by Shub

[kptaylor 5]

Thanks for the info, and that's kind of what I was afraid of with regard to my 18 yr old. Doesn't make sense, so I was hoping that I'd somehow missed something.

[JimmyHou 614]

Thanks for the info, and that's kind of what I was afraid of with regard to my 18 yr old. Doesn't make sense, so I was hoping that I'd somehow missed something.

I think they just had to draw the line somewhere and they picked 18. I guess their reasoning is that when a 75 year old becomes a US citizen, they don't want all his/her children, who are in their 50s, to automatically gain citizenship. They could have picked 21, which is the dividing line between preference categories when a US citizen is applying for a green card for his/her unmarked son/daughter.