Removing Conditions for K1 and follow to join K2 - 8 month Difference

[JasonGG 267]

My wife and stepdaughter came to the U.S. on a K1/K2 and received their green cards in October 2018.  We will apply to remove conditions and receive their 10 year green cards in July 2020 (90 days before the expiration of their 2-year cards).  My stepson arrived in the U.S. 6 months after his mother and 1 month after my wife received her green card, so we applied for his AOS separately.  His green card was approved earlier this week, about 8 months after his mother's.

 

My questions are . . .

 

Can we apply to remove conditions from my stepson's green card at the same time as his mother's in 2020?  Or, do we need to wait 8 months after my wife applies before applying for my stepson's removal of conditions? 

 

Also, my wife plans to apply for citizenship in 2021, perhaps before my stepson receives his 10 year green card if he has to apply 8 months after my wife.  If my wife becomes a citizen before his green card application is adjudicated, does that application just get "shelved?"  Will he go from 2 year green card to citizen as a derivative of his mother's citizenship?

 

Thanks! - Jason

 

 

[Georgia16 2,858]

He can not apply at the same time as his mother. 

 

He will have to wait til his 2 year GC expires (minus the 90 days)

 

Yes, if your wife become a USC then he will become one also.

[fip & jim 452]

3 hours ago, Georgia16 said:

Yes, if your wife become a USC then he will become one also.

That depends on the age of the child.

[Georgia16 2,858]

Just now, fip & jim said:

That depends on the age of the child.

Well assumed the child is under 18 at the day .

[JasonGG 267]

1 minute ago, fip & jim said:

That depends on the age of the child.

Stepson is 12 and stepdaughter is 9.

[fip & jim 452]

As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Your approval may be noted via any of the following: approval notice (I-797), on your passport (I-551 stamp and date), your green card ("resident since" date). The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States. 
If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18. 

https://www.visajourney.com/faq/k1k2visa-naturalization.html/k1faq.htm

[Georgia16 2,858]

1 hour ago, JasonGG said:

Stepson is 12 and stepdaughter is 9.

They are fine. They will become citizens when she does. Mine is 13 now so I'm doing the same thing

[fip & jim 452]

2 hours ago, Georgia16 said:

They are fine. They will become citizens when she does. Mine is 13 now so I'm doing the same thing

Yeah, "very young" is ambiguous in my opinion. 

 

It's good that you can apply at the same time. My son will turn 18 a few weeks before I can apply so we'll miss out on that opportunity (I think. I still need to research some more). 

[Georgia16 2,858]

1 hour ago, fip & jim said:

Yeah, "very young" is ambiguous in my opinion. 

 

It's good that you can apply at the same time. My son will turn 18 a few weeks before I can apply so we'll miss out on that opportunity (I think. I still need to research some more). 

Well he can apply himself so that is good. Maybe you can be lucky and have the ceremony on the same day