Change of Citizenship

[Devoted 5976 0]

I submitted a petition for K1 and K2 for my Chinese citizen fiance and her daughter both residing in Canada on tourist visas. The daughter was born in China and had Chinese passport as does her mother. I filled the petition requesting interveiw in Canada. Petition was filed in August 1025. Since then Daughter has now received her Canadian citizenship and passport due to her father being Canadian citizen. Should i somehow file an "amendment " showing daughters new status ?

[wildbug100420 438]

40 minutes ago, Devoted 5976 said:

I submitted a petition for K1 and K2 for my Chinese citizen fiance and her daughter both residing in Canada on tourist visas. The daughter was born in China and had Chinese passport as does her mother. I filled the petition requesting interveiw in Canada. Petition was filed in August 1025. Since then Daughter has now received her Canadian citizenship and passport due to her father being Canadian citizen. Should i somehow file an "amendment " showing daughters new status ?

All interviews take place in the beneficiary country of birth 

[Crazy Cat 46,376]

11 hours ago, wildbug100420 said:

All interviews take place in the beneficiary country of birth 

Is this some new policy?  Beneficiaries have normally been able to choose between country of birth (citizenship) or country of residence.

Edited 5 hours ago by Crazy Cat

[wildbug100420 438]

14 minutes ago, Crazy Cat said:

Is this some new policy?  Beneficiaries have normally been able to choose between country of birth or country of residence.

State department 

[Crazy Cat 46,376]

33 minutes ago, wildbug100420 said:

State department 

 

https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-iv-applicants-in-their-country-of-residence.html

 

"The Department of State is now requiring immigrant visa applicants to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions. 

Edited 16 hours ago by Crazy Cat

[Lance27 38]

1 hour ago, wildbug100420 said:

State department 

If you are resident of a country other than country of birth you can interview in the country of residence. 

 

To OP being on a Canadian tourist visa does not grant you residency in Canada. Montreal has always been strict when it comes to residency. 

[appleblossom 5,909]

4 hours ago, Devoted 5976 said:

I submitted a petition for K1 and K2 for my Chinese citizen fiance and her daughter both residing in Canada on tourist visas. The daughter was born in China and had Chinese passport as does her mother. I filled the petition requesting interveiw in Canada. Petition was filed in August 1025. Since then Daughter has now received her Canadian citizenship and passport due to her father being Canadian citizen. Should i somehow file an "amendment " showing daughters new status ?

 

You'll just complete that info in the DS-160 when the time comes to fill that out. 

 

But as said above, they'll likely be interviewing in China anyway, as a tourist visa in Canada wouldn't make them resident there. 

[rbv_shard 94]

1 minute ago, appleblossom said:

 

You'll just complete that info in the DS-160 when the time comes to fill that out. 

 

But as said above, they'll likely be interviewing in China anyway, as a tourist visa in Canada wouldn't make them resident there. 

As a Canadian citizen the daughter is a legal resident in Canada, but the mother still isn't.

With a Canadian citizen father, it's very likely that the daughter was a Canadian citizen from birth, and only recognition of that fact was delayed.  If so, then this is not a case of updating status that changed, but correction of a misstatement of a material fact -- or it would be, if the I-129F had even asked about citizenship of children.  But as far as I can tell it does not.

Be very careful with any questions about overstays of Canadian visa -- even though overstay is not disqualifying from an immediate family visa, there are sure to be questions that must be answered honestly because leaving anything out could cause revocation even years after approval.

[JD2 274]

5 hours ago, wildbug100420 said:

All interviews take place in the beneficiary country of birth 

Not true.  Country of birth would be crazy.  Plenty of places don't have birthright citizenship so what if you no longer can get to your country of birth?  Their current policy of country of citizenship or residence makes sense.  https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-iv-applicants-in-their-country-of-residence.html#:~:text=The Department of State is,the designated posts listed below.

Edited 11 hours ago by JD2

[pushbrk 14,414]

7 hours ago, wildbug100420 said:

All interviews take place in the beneficiary country of birth 

Incorrect.  It's country of Citizenship or country of legal residency.  Best to read carefully before misinterpreting.

[pushbrk 14,414]

6 hours ago, Crazy Cat said:

 

https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-iv-applicants-in-their-country-of-residence.html

 

"The Department of State is now requiring immigrant visa applicants to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions. 

And that's the real answer.  Misinterpretations and failed attempts at reading breed misleading advice.