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GulfwarVeteran

Citizenship for adoptee child?

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Filed: IR-2 Country: Myanmar
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I petitioned my wife on an IR1. I petitioned her son on an IR2.  They are both here now.  They have green cards.  I have been married to my wife for five years.  Her son will be 16 next September.  I will complete his adoption next month.

Will he get automatic citizenship?  How does that work? What must be done?

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1 hour ago, GulfwarVeteran said:

I petitioned my wife on an IR1. I petitioned her son on an IR2.  They are both here now.  They have green cards.  I have been married to my wife for five years.  Her son will be 16 next September.  I will complete his adoption next month.

Will he get automatic citizenship?  How does that work? What must be done?

Under INA320, a child under 18, who has a green card, is the child of a US citizen, and is in the physical and legal custody of the USC parent, becomes a citizen automatically when all of those conditions are fulfilled simultaneously. So if he becomes your child legally, he will meet all those and yes he automatically becomes a citizen. You can then apply for a certificate of citizenship (form n600) and/or a passport (latter is faster and cheaper). You will be required to show evidence that he meets all the conditions. (The passport application lists what you need for such a case, and applying for n600 online will also guide you through what evidence you need.)
 

see also the section “Children of U.S. Citizens Residing in the United States” and links here https://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited by SusieQQQ

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Filed: IR-2 Country: Myanmar
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1 hour ago, SusieQQQ said:

is your wife not naturalized yet?

No, I only repatriated in 2018. My wife has only been here just short of two years.  I am not sure it that is a good idea.  Let me explain....

 

Myanmar does not recognize dual citizenship.  As far as they are concerned when my son gets his US citizenship, he is no longer a Myanmar citizen.  If my wife naturalized then, she loses Myanmar citizenship, and then we will lose our condo, as well as any chance of retiring in Myanmar.

I am thinking…..  There is no USA law that says my son and my wife cannot keep Myanmar citizenship.  Myanmar Is not a NATO country, and does not share passport information with the USA like Canada, the UK, etc.  That being the case Myanmar cannot know if my son, or my wife get US citizenship.  That being the case, they should be able to keep their Myanmar citizenship, right?

 

Thank you for your answer. I interpreted the material on the USCIS web site the same way.

 

How are you liking SF?  My wife loves the place, but I think it is too expensive.

Edited by GulfwarVeteran

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Check the actual conditions of the Myanmar law - there are some countries who don’t allow dual citizenship for those who actively acquire it but allow it for minors who get it automatically. 

I wouldn’t try hiding things from authorities anywhere tbh, and you never know how future alliances might change. There’s no practical reason she needs to become a USC as long as she plans on spending >6 months a year in the US and doesn’t mind not voting. Especially as there seem to be harsh consequences for loss of citizenship there.


by the way my kid actually acquired citizenship automatically when I did a couple of months back - so I’ve just personally been through all of this! 

Edited by SusieQQQ

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Filed: IR-2 Country: Myanmar
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9 minutes ago, SusieQQQ said:

Check the actual conditions of the Myanmar law - there are some countries who don’t allow dual citizenship for those who actively acquire it but allow it for minors who get it automatically. 

I wouldn’t try hiding things from authorities anywhere tbh, and you never know how future alliances might change. There’s no practical reason she needs to become a USC as long as she plans on spending >6 months a year in the US and doesn’t mind not voting. Especially as there seem to be harsh consequences for loss of citizenship there.


by the way my kid actually acquired citizenship automatically when I did a couple of months back - so I’ve just personally been through all of this! 

Thank you for the info.  I really want him to get citizenship because it opens many scholarship and job opportunities.  Also he has family in Canada, and a USA passport means no more need for a travel authorization when he goes to visit.

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