Children's Citizenship Act 2000 - Evidence physical custody

[R&OC 371]

My husband is stationed overseas and my kids will hopefully receive their LPR status soon and we are planning to go to the US in December. My husband is still active duty stationed abroad but we will return end of this year.

 

(Another somewhat related question is what happens if my husband receives new orders overseas and we are all under his orders? Would that still count as residing in the US under our legal and physical custody as overseas is considered abroad?)

 

My husband and I are both US citizens. I naturalised recently and my biological kids with a German passport (my husbands stepchildren) are 11 and 15 years old. Under German law, they will loose the ability to be a dual citizen after the 16th birthday.

 

Now my question refers to the Children's Citizenship Act 2000 and this requirement to file for their passport:

 

1. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested

 

Which evidence do I need to provide to establish legal and physical custody of the kids once we enter the US?

 

I have a custody agreement which stipulates that the kids reside with me. What else do I need to gather for the DoS? Has anyone gone through that and can share which documents they provided?

Edited November 15, 2021 by R&OC

[CMJuilland 485]

While I can’t answer your actual question, something else struck my eye when I read through your post: the fact that your children will automatically lose their dual citizenship status after their 16th birthday.  I’m not sure, but I thought there is a way (or at least it was talked about at some point) for dual citizens to retain their status.  I would look into that as it’s always better to at least have the option.  Just wanted to throw that out. 

 

I hope somebody else can help you with your actual concern. 

[mjet 0]

hi. I did this process for my daughter to give her citizenship.  The I-551 stamp is the the paper that they give you when your children enter the US legally (noninmemigrant visa, my daugher entered with  the B1/B2 visa).  It is a white paper that they stamp that says the date you entered the US. USCIS kept that paper. I didn´t have show that when I got her passport.   

 

A evidence is the naturalizacion/citizenship certificate that the USCIS gives you after the interview..

 

 

[Mike E 11,740]

On 11/15/2021 at 1:28 AM, R&OC said:

My husband is stationed overseas and my kids will hopefully receive their LPR status soon and we are planning to go to the US in December. My husband is still active duty stationed abroad but we will return end of this year.

 

(Another somewhat related question is what happens if my husband receives new orders overseas and we are all under his orders? Would that still count as residing in the US under our legal and physical custody as overseas is considered abroad?)

 

My husband and I are both US citizens. I naturalised recently and my biological kids with a German passport (my husbands stepchildren) are 11 and 15 years old. Under German law, they will loose the ability to be a dual citizen after the 16th birthday.

 

Now my question refers to the Children's Citizenship Act 2000 and this requirement to file for their passport:

 

1. Proof that the child is residing or has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) pursuant to a lawful admission for permanent residence. The I-551 stamp endorsed in the child's foreign passport or the child's permanent resident or “green” card will establish lawful admission for permanent residence, but not the fact that the child is residing in or has resided in the United States as required by INA 320(a)(3). Separate evidence establishing that the child has resided in the United States in the legal and physical custody of the U.S. citizen parent(s) may be requested

 

Which evidence do I need to provide to establish legal and physical custody of the kids once we enter the US?

 

I have a custody agreement which stipulates that the kids reside with me. What else do I need to gather for the DoS? Has anyone gone through that and can share which documents they provided?

School records, tax returns, medical records that show that the child and custodial parent live at the same address. 

[R&OC 371]

Thank you for answering. 

 

What happens while we are still stationed overseas? According to INA §320 and §1431, military kids derive US citizenship through their US parent (me) as long as they are stationed overseas. If I interpret this correctly.

 

However, what I do not understand is whether not the pending retirement (and hence the end of his orders) matter. On the day we activate their green cards, they derive their US citizenship through me as long as they are still on military orders when we apply? What happens if their passport application takes a while and my husband has retired by then? We are planning to stay here a little longer as contractors but contractors are no longer covered my federal employee and military stipulations of §1431 - meaning, I am wondering how this may affect us?