K3 Conditional Resident Permit

[Model4Life 12]

Please experts, I have a quick question, does a k3 child who have the 2 year residency permit need to file for removal or the parent when he becomes a citizen a year after can file for her citizenship?

 

Thanks. 

[K1visaHopeful 2,687]

Depends when the K2 received GC.

Received same time or within 90 days of K1? Included on K1s I751. 

After 90 days? Own I751.

See the instructions. 

Page 1.

[Boiler 43,689]

11 minutes ago, K1visaHopeful said:

Depends when the K2 received GC.

Received same time or within 90 days of K1? Included on K1s I751. 

After 90 days? Own I751.

See the instructions. 

Page 1.

K3 means the child is K4 and will also adjust.

 

This is unbelievably rare,  it seems less than 10 are issued a year so I wonder if there is some confusion.

[Model4Life 12]

They got their K visas same day and traveled here same day.

 

We filed adjustment of status for both of them same time. They got separated because of issues with card payments. Has got accepted last July. Hubby in September and he got his conditional this year February and after I wrote to the field office about why hers was still pending. She got approved for her conditional last month. So that's like 4 months after spouse got his conditional. 

 

So both of us were talking about if our child would need to file for removal for 10 years or he can just file citizenship for her directly? Or if I can file for her myself cos the court has awarded my spouse and I full custody. 

[Boiler 43,689]

I haven't seen a K3 on here for 10 years, I am going to need to do some research!

[Model4Life 12]

3 minutes ago, Boiler said:

I haven't seen a K3 on here for 10 years, I am going to need to do some research!

Thank you for your help 

 

Cos I am thinking the parent can file for her citizenship instead of filing removal. But hey I don't know the rules of USCIS.

39 minutes ago, Boiler said:

K3 means the child is K4 and will also adjust.

 

This is unbelievably rare,  it seems less than 10 are issued a year so I wonder if there is some confusion.

Thank you

[Model4Life 12]

54 minutes ago, K1visaHopeful said:

Depends when the K2 received GC.

Received same time or within 90 days of K1? Included on K1s I751. 

After 90 days? Own I751.

See the instructions. 

Page 1.

So they purposely made the 90 days lapse. 120 days gap

[Boiler 43,689]

K3 is a bit like a K1, you still need to adjust nd the date of the Greencard will determine when you can file for Citizenship. Normally 90 days before the 3 yer anniversary.

 

Given current processing time I find it hard to believe any K3 would need to remove conditions.

 

 

[Ontarkie 13,950]

Yes you will need to file for ROC for the child just like the the father. If the Father gets citizenship the child must have roc pending or already have his 10yr GC to be able to derive US citizenship when the father naturalizes. It is very unlikely the Father will get through the n400 process before the child's 2yr GC expires. You will need GC to send in with the fathers certificate to get a US passport.

 

Also what visa did your husband enter  on. Was it actually a K3 a spouse visa (as this is vary rare) or was it a K1 (fiancé Visas)?

Edited July 9, 2023 by Ontarkie

[Ontarkie 13,950]

~~Thread moved to US Citizenship General Discussion - as the OP is asking if ROC is needed for a child if the other parent naturalizes.~~

[K1visaHopeful 2,687]

2 hours ago, Boiler said:

K3 means the child is K4 and will also adjust.

 

This is unbelievably rare,  it seems less than 10 are issued a year so I wonder if there is some confusion.

OPs timeline is blank. As with your confusion as K3s are rare, I made the assumption that they meant K2.

 

Why wouldn't they need to file I751? If they received 2 yr Cards as described, they would still need to?

[Mike E 11,726]

2 hours ago, Model4Life said:

I can file for her myself cos the court has awarded my spouse and I full custody.

Have you adopted her?

[Mike E 11,726]

In 

OP says K-1 and K-2 were filed for and received.

 

hoofbeats, zebras, horses

[Boiler 43,689]

19 minutes ago, K1visaHopeful said:

OPs timeline is blank. As with your confusion as K3s are rare, I made the assumption that they meant K2.

 

Why wouldn't they need to file I751? If they received 2 yr Cards as described, they would still need to?

It has been so long since I have seen a K3, from memory a K3 is good for 2 years rather than 90 days. So you would need to marry, then file for K3 then move then file to adjust and obtain adjustment all within 2 years to need to remove conditions, all of which seems unlikely, on top of actually getting a K3 in the first place.

 

If it is something else well then all bets are off.

 

[SalishSea 16,851]

5 hours ago, Model4Life said:

Please experts, I have a quick question, does a k3 child who have the 2 year residency permit need to file for removal or the parent when he becomes a citizen a year after can file for her citizenship?

 

Thanks. 

Please check your info and be very deliberate about your questions.   Do you mean K-1/K-2??