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K1Sam

Are Children Automatically USCs? [split topic]

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Hi Everyone, I'm new here and I haven't fully set up my profile yet, K1 filer.

 

I registered specifically for this thread.

 

Please correct me if I'm wrong, but aren't the children (under 18) of a USC automatically US citizens? I'm seeing that people are advising the OP not to apply for N400 (the petitioner of course).

 

From what I read, my assumption is that this baby is the child of the petitioner of course, I feel that's a safe assumption to make. Again, correct me if I'm wrong.

 

If you filed in December of 2022 you might be waiting a long time, but I do think changing category from F2A to CR1/IR1 can dramatically speed up the process AFAIK.

 

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html

Edited by K1Sam
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Filed: K-1 Visa Country: Wales
Timeline
15 minutes ago, K1Sam said:

Hi Everyone, I'm new here and I haven't fully set up my profile yet, K1 filer.

 

I registered specifically for this thread.

 

Please correct me if I'm wrong, but aren't the children (under 18) of a USC automatically US citizens? I'm seeing that people are advising the OP not to apply for N400 (the petitioner of course).

 

From what I read, my assumption is that this baby is the child of the petitioner of course, I feel that's a safe assumption to make. Again, correct me if I'm wrong.

 

If you filed in December of 2022 you might be waiting a long time, but I do think changing category from F2A to CR1/IR1 can dramatically speed up the process AFAIK.

 

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html

The child could be be a USC, most but not all we can see here are 

 

Depends if the USC parent qualifies to pass on Citizenship 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 minutes ago, Boiler said:

The child could be be a USC, most but not all we can see here are 

 

Depends if the USC parent qualifies to pass on Citizenship 

I didn't mean this applies to all, I don't know all the details only the OP does, I'm just making them aware of these facts.

 

I don't even know when the petitioner can apply for N400, that may be years from now, but I just felt that these options weren't being mentioned by those who replied above for some reason.

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20 minutes ago, K1Sam said:

Hi Everyone, I'm new here and I haven't fully set up my profile yet, K1 filer.

 

I registered specifically for this thread.

 

Please correct me if I'm wrong, but aren't the children (under 18) of a USC automatically US citizens? I'm seeing that people are advising the OP not to apply for N400 (the petitioner of course).

 

From what I read, my assumption is that this baby is the child of the petitioner of course, I feel that's a safe assumption to make. Again, correct me if I'm wrong.

 

If you filed in December of 2022 you might be waiting a long time, but I do think changing category from F2A to CR1/IR1 can dramatically speed up the process AFAIK.

 

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/child-citizenship-act-of-2000.html

The parent will still have to file an I-130 for the child. When the child arrives in the US they would become a US citizen . 

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1 minute ago, K1Sam said:

I didn't mean this applies to all, I don't know all the details only the OP does, I'm just making them aware of these facts.

 

I don't even know when the petitioner can apply for N400, that may be years from now, but I just felt that these options weren't being mentioned by those who replied above for some reason.

If giving information try to give accurate information. OP should not think all they have to do it apply for citizenship and child automatically becomes a citizen - it is a little more involved than that... 

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7 minutes ago, Redro said:

The parent will still have to file an I-130 for the child. When the child arrives in the US they would become a US citizen . 

I just did some research, it seems that you're right, the child needs to be a permanent resident if the parent became a USC after birth, I was not aware of this. I thought the child could enter under any category and become a US citizen automatically.

 

5 minutes ago, Redro said:

If giving information try to give accurate information. OP should not think all they have to do it apply for citizenship and child automatically becomes a citizen - it is a little more involved than that... 

I agree, and that's why I was careful with my terminology, I had a friend that had a similar situation but his child was born when he was a US citizen already but he wasn't aware his child could get US paperwork immediately. I don't mean to confuse anyone especially the OP, if I did I apologize.

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

The above were split from another thread in this forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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