Naturalization from CR1 with minor child

[jg121783 3,907]

My wife came to the US with her son (my step son) on a CR1 visa and they have both gone through removal of conditions. We are getting ready to file for naturalization and I am unsure how to include my stepson in the process. It is my understanding (correct me if I am wrong) that we just file for her naturalization then when she completes the process we file some paperwork for my step son. It is also my understanding from what I am reading on the state department website that my wife might have to complete her naturalization before he turns 18 in order for him to derive citizenship from her. The problem is he will be turning 17 next month and it is my understanding that naturalization is averaging over a year to process. If my wife starts the process before my step son turns 18 is that enough or does she have to complete the process before he turns 18? Worst case if my step son will not be able to derive citizenship from my wife what does the process look like for him and when do we start it?

[Ontarkie 13,918]

She will need the oath ceremony. Pretty much he needs to be under 18 the day she gets her certificate. If he is over 18 then he can apply just like your wife did but under the 5 yr rule. 

[jg121783 3,907]

18 minutes ago, Ontarkie said:

She will need the oath ceremony. Pretty much he needs to be under 18 the day she gets her certificate. If he is over 18 then he can apply just like your wife did but under the 5 yr rule. 

So considering average processing times it is likely he will have to apply on his own. Can we start that process now or do we have to wait until he is 18?

[Ontarkie 13,918]

1 minute ago, jg121783 said:

So considering average processing times it is likely he will have to apply on his own. Can we start that process now or do we have to wait until he is 18?

Could get lucky and squeeze by. If not you can't get started until he is 18 and meets the 5 yr as a PR. 

[jg121783 3,907]

Just now, Ontarkie said:

Could get lucky and squeeze by. If not you can't get started until he is 18 and meets the 5 yr as a PR. 

He has been a permanent resident well over 5 years now so that part shouldn't be an issue. So basically our best option right now is get my wife's application in ASAP and hope we get lucky and if not proceed from there. We should have started the naturalization process sooner but ROC took forever and I was unaware that I could start naturalization in the middle of that process. Then after ROC we kind of put it off because we were in a tough financial situation for a while. I was not aware until recently that my wife had to be naturalized before my step son turned 18 in order for him to derive citizenship from her or we would have made this a higher priority.

[Ontarkie 13,918]

28 minutes ago, jg121783 said:

He has been a permanent resident well over 5 years now so that part shouldn't be an issue. So basically our best option right now is get my wife's application in ASAP and hope we get lucky and if not proceed from there. We should have started the naturalization process sooner but ROC took forever and I was unaware that I could start naturalization in the middle of that process. Then after ROC we kind of put it off because we were in a tough financial situation for a while. I was not aware until recently that my wife had to be naturalized before my step son turned 18 in order for him to derive citizenship from her or we would have made this a higher priority.

Oh man that sucks ROC took so long and you didn't know you could still file for her the N400. Definitely get started ASAP. Depending on where you live it could be faster. Fingers crossed for you.

 

BTW if he is a college student by the time he files he can apply for a fee waiver. My older two boys were over 18 when I naturalized so they had to do it on their own. Both were approved for the fee waiver and didn't have to pay a cent for it. They worked part time while going to school. 

[top_secret 2,063]

N400's are getting processed really fast these days.  It may depend on the local office but naturalization completed in well under a year is not at all unusual.  Definitely get on it immediately.

[Loren Y 2,732]

You might be OK. My wife's Naturalization only took 4 months total from filing to oath ceremony, so if you have a fast field office you should be well within the time frame. File now, and hopefully take the oath mid July.