If you need it for AOS, then amend the last 3 years. If you do not need it then leave it that way. My daughter work for IRS. SHe told me the only thing that makes a different is the standard deduction.
If all documents are submitted at NVC this means he has a DS260 submitted, right? Then he is already protected under CSPA and you don’t need to worry about his age. Regardless, if everything is at NVC already he should have interviewed well before he turns 21.
Not entirely true. If anything, there is a possibility for the 2nd (youngest) child to apply for a US passport in Madagascar with CRBA since he was born after op became a citizen. The 1st child (older) will have to be petitioned through I-130, assuming the mother gives up control of the child.
like everyone said, since it is not the fiance's child, they all need to be separate paper. But on the bright side, it seems like the 2 kids will have fairly easy case. They just have to apply US passport if there is any proof that the US citizen is their biological father.
More info for children:
Birth of U.S. Citizens and Non-Citizen Nationals Abroad
If you are a U.S. citizen (or non-citizen national) and have a child overseas, you should report their birth at the nearest U.S. embassy or consulate as soon as possible so that a Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.
CRBAs are issued to both U.S. citizens and non-citizen nationals. A CRBA documents that the child was a U.S. citizen at birth. The CRBA neither serves as proof of the identity of the child’s legal parents nor is it intended to serve as proof. In general, the name or names listed on the CRBA are the U.S. citizen or national’s parent(s) who have a genetic or gestational connection to the child. The name of the parent(s) through whom the child’s claim to U.S. citizenship is made must be listed on the CRBA. A parent who is not transmitting U.S. citizenship may be listed on the CBRA with consent of the parent who is transmitting U.S. citizenship.
You can apply for a CRBA by completing Form DS-2029. For instructions on how to apply for a CRBA, visit the webpage for the nearest U.S. embassy or consulate in the country where your child was born and navigate to the American Citizens Service section. Please note the application must be signed in front of a consular officer, notary public, or other person qualified to administer oaths.
If one parent is not a U.S. citizen or if the U.S. citizen parent who is transmitting citizenship to their child is not present when applying for a CRBA, that parent should complete Form DS-5507 as supporting evidence, and it can be used to list the periods of time they spent in the United States.
If the child was born out-of-wedlock, and the father is a U.S. citizen or non-citizen U.S national, use Form DS-5507 to acknowledge the child and voluntarily agree to financially support them. Form DS-5507 may be signed in front of a notary or at a U.S. embassy or consulate.
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