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Precious

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  1. Oh, as I was reading the topic, I felt your pain. Some input from my experience with my 17 year-old son's passport application. I became a citizen and as they say, 'your child is automatically a US citizen"- very nice and beautiful, but I received my Certificate at the ceremony and as for his 'automatically' citizenship, I had to either pay $600 for his Certificate or get him a US passport. I decided to go with the latter. After sending the required documents, I got a letter asking for more proof - my divorce decree, a certified copy of the green card - which was sent at the first place and the original 551 stamp on his Brazilian passport as a valid and legal entry in the US. Sent all the extra paper work, and got his passport yesterday at 3pm.

    Now, in the morning, we were at the Houston DPS for his driving license test - where there is a box on the application "are you a US citizen?" I checked no, as at that point we had no proof of his citizenship, only his valid green card. I guess he officially 'became'' a US citizen in the afternoon, when we got home and his passport had arrived.

    So I do not understand much of the process, to say that our children 'automatically' become US citizens, when during the process of getting the proof of it, we - at least I - was troubled by the fact that I had no proof to show for it.

    After all that, I guess I have to update his status at the SSN office and at the USCIS. Then, it will be really over.

  2. Hello changehead,

    For what I get from your post, you'd like to be together with your BF, either in US or Canada.

    As far as visas go, you have the K1 visa option, which you - the US citizen - would petition for him - the Beneficiary. K1 is a fiancée visa, valid for only one entry and it entails intention to marry.

    You also have the option of marrying him and then apply for a spouse visa of US citizen (I'm not sure how this works, but there are people here that can pitch in on that).

    Your BF could not come to US in a visa waiver 'to get married', as this is NOT OK with USCIS (visa fraud). As a Canadian citizen, he can only come to VISIT you.

    Now, for BOTH options you will need to prove that your fiancée will not become a burden to the government, so you have to prove that you have enough income to support him financially. I know things are difficult, but my first suggestion is for you to get a steady job and, in case you are not making enough, get a co-sponsor to back up the financial requirements.

    Your third option would be to move to Canada, but I can't comment on that, as I don't have a clue how the process goes for permanent visas in Canada.

    I hope someone else can give you a more insightful input.

    Meanwhile read the guides, VJ has lot of resources and guides that can help. You just need to spend sometime going through the valuable information posted here.

    Good luck!

    Best.

  3. Thanks for the great input. I am still uncertain of two things:

    1) Can we apply for a green card for him and have him just come visit us, but return to Brazil without affecting his green card status. And/or is there any amount of time he needs to stay in the US if we take this route?

    2) Is there any chance of us getting him here by this July/August at this point through either the green card route or the tourist visa?

    Thanks!

    Kenny

    Just adding to the previous response: when we sent my son's application for the green card, he already had his visitor's visa, but we never took the chance: we waited until his I-130 process was over, for him to come as a permanent resident. So, once you file for his green card, i think it is better to wait until things are processed and granted.

    As for the tourist visa, I don't see a problem applying for it, as long as they are satisfied with the proof of strong ties in Brazil. He can come and visit, go back and then you can apply for the green card. During the years that I was here as a LPR, I remember once we had to get him another visitors' visa, as his had expired. No problem there, as he was enrolled in school in Brazil, had a permanent address, and in all the true reason was indeed, just to visit with us. Just be throughout with all the paper work.

    Now, time wise, I guess to process a tourist visa takes some time, so you have to see if it's worth it.

  4. Hi Ken1, I can only tell you about my experience. I came to US on a K1, at the time, my son - then 12 - stayed in Brazil with his father. We got my son a B2 - tourist visa which he used to come and visit us, every year. The tourist visa was not hard to get at all, as my son had plenty of ties in Brazil at the time - school, a permanent address etc.

    Time came and we decided that it would a good idea for him to move in with us. My husband - US citizen - petitioned for him - I-130 (under the "petition for a minor child of US citizen" category) and we started to get things rolling on Oct 2011. His visa was ready by April 2012 and my son - then 16- moved to US and enrolled in school just in time to complete the junior year in High School.

    His green card arrived in the mail 2 weeks after his arrival in the country.

    I'm just saying that, the process goes fast - it took 5 months, when you have all the papers in order, including vaccines etc and is much easier. I'm not sure if anything changes once the child turns 18 - for all I know, it might take a little longer, but you should take a look on the requirements for a child 18 and older.

    As I said, the tourist visa is not a problem to get, just make sure you have the forms filled out correctly - with the correct information about the status of the mother - LPR.

    Good luck!

  5. DMV laws vary by state, in Wisconsin, either need a born here birth certificate, a green card, or proof of US citizenship before they will issue you a drivers' license.

    Can argue until you are blue in the fact and get nowhere by quoting laws especially from the federal government. Have to show that proof, and how can anyone claim to be a US citizen without proof. In other states, they automatically register you to vote even with a green card causing you additional grief with the USCIS.

    Some 1,500 odd governmental agencies have been created since the early 70's, enough to drive anyone nuts. With 9/11 even more!

    You could have applied for your son's passport at the same time as yours, with the additional proof. Applying for a drivers' license really doesn't make much dffierence if you are a LPR or citizen, least in my state. Know your state laws!

    If I were you, wanting to keep that date, would just show that green card, go back in when he receives his US passport, or like in my state, don't have to go in at all, they don't even care if you a LPR or a citizen, but whatever you are, they want proof.

    Since Nixon, sure made on hell of a mess in this country, how about having to obtain 42 permits from your city, township, county, state, and federal governmental agencies just to drill a small well on your own property? Ha, and that has to be done before you are even sure if there is water in that hole.

    You are not the only person in limbo, but if you were a protestant, you won't even have a limbo.

    NickD, I totally understand your point. It drives the sane, insane! I'm in Houston, Texas and for that matter, there is a box to check - 'are you a US citizen?' on the DMV form, hence me trying to be sure about that statement re. my son. The whole thing is the proof of his US citizenship, which will be clear when he gets his passport. I just have to make him wait 4 more weeks or so to drive himself around ;(

    BTW, I'm not on THAT limbo ;)

    Best.

  6. Just be advised that USCIS and State Department do not share databases for passport issuance.

    My K2 stepdaughter became a US citizen when I adopted her. State Department issued her a passport right away with no issue. Local post office said they see this a lot.

    Time to remove conditions for mom, and USCIS (Vermont) threw a fit. They flat rejected my wifes applicaton because I did not include my K2 daughter. I included a copy of her passport, adoption decree, new Georgia birth certificate, and a letter of explanation with the app.

    Angry as he11, we went to Atlanta (infopass), and were basically told to shut up and color. The State Department and USCIS systems are not linked. Although we were required to provide a copy of the green card to prove legal residence on her passport application, the passport issuance is not reported to USCIS.

    Bottom the is that Atlanta told me if I didn't want my wife going out of status I would file for ROC for my daughter even though they acknowledged that she was a citizen. They told me they could not separate my wife and daughter in the system until ROC was complete.

    We are now waiting for her 10 year green card just to turn it back in to USCIS with a copy of her passport.

    One would think that, for all counts, USCIS should communicate with DS...and it seems odd, to say the least, to remove conditions of a US Citizen. I'm sorry for the headache.

    My son has his 10 year green card - he came under a 130 petition for minor child of US citizen (my husband ), so I guess my thinking is right. Will get his passport and later his Naturalization Certificate, just to be on the safe side. But I'll do the cheaper route first, as he would need some proof of his citizenship, anyways.

  7. You are wrong in every way.

    First, there is no "need" to file the N-600. It's a good idea but not a requirement. A person can be a US citizen without a US passport or N-600.

    Second, the child is a US citizen so there is no problem with "claiming to be a US citizen."

    The child AUTOMATICLY gets US citizenship when he meets the 4 requirements of the Child Citizenship Acr. NO PAPERWORK IS REQIRED to prove his status. However, it's a good idea to get proof in the form of a US passport or N-600. Neither pieces of paper is required to prove US citizenship.

    ------

    Follow your link. Did you read the automatic citizenship rule for a foreign born child under age 18 who is an LPR residing with a US citizen parent? I suspect not. Google "Child Citizenship Act" also.

    Thanks aaron, I 'll do. I also have the info I obtained at my Oath Ceremony ;)

  8. Since you have no proof of his US citizenship until his US passport is approved, I would wait to apply for his driver's license until the passport is in your hands. Explaining the intricacies of US immigration law to a DMV employee will not be a pleasant experience; perhaps they could hold open the application until you are able to show them proof of his US citizenship, but either way I'm sure they won't just give him a licence and take his word at face value that he is a citizen (even though he is).

    Passport -> DMV is the order in which I would do it.

    You should also prepare yourself for the post office employee to be equally unfamiliar with the Child Citizenship Act. I would go armed with a print-out of the section I cited above, and be prepared to explain why your son has now become a citizen. Be aware: the post office does not hire people for their intelligence, so you may need to speak slowly and with easy to understand words until they get it.

    I hope it goes smoothly!

    Thanks, Hypnos, I was thinking on these same terms. Delay the driver's license and go back with his passport in hand, much easier process.

    The employee of the post office I went to seemed to know about the act - as I was scheduling my son's appointment at the time of my own application he suggested some further date until I could get my Certificate back on the mail.

    I have everything now and I hope it will go smoothly for my son. But I WILL indeed get all the weapons re. paper work and much patience!

    Best!

  9. If the son became a US citizen under the Child Citizenship Act (2000) then an N-600 is not required. You can apply for it, but it is purely voluntary. You can jump straight to a US passport if that is your wish.

    http://travel.state.gov/visa/immigrants/types/types_1312.html

    If you wish to obtain a US passport for the child, follow these instructions: http://travel.state.gov/visa/immigrants/types/types_1312.html#7

    Thanks, we have scheduled a passport 'interview' at the post office already.

    I'm still confused about the driver's license form and which block to check, though, as we won't have his passport ready at the time of his driver's test.

  10. well that's up to u. but base on this link.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

    you need to file form N-600.

    goodluck...hopefully you won't get your son in trouble one day cz of him claiming to be US citizen.

    I'm based on information on THIS link:

    http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

    and as far as I understand, he automatically gained his citizenship through me.

    I don't want to put him in any trouble, that the reason I put out the question. I also don't intend to have him claiming citizenship, if I was not 100% sure. But I do have a genuine question about what to check on the forms, as at this time, we have no proof of his citizenship, which we WILL have as soon as he receives his US passport, in a few weeks.

    Thanks!

  11. who got the US passport your son or you? I did, I'm a naturalized US Citizen

    seems that you recently got approved to be US citizen? am I right?

    to answer your question, "NO". his not US citizen yet not until he adjust his status. my half sisters come here in the US under 14 yrs old and our dad his a US citizen already. but yet my sister need to apply for US citizenship.

    same thing with my friend...she come in the US when she was 12 yrs old and her parents are both US citizen. she did apply for US citizenship too. I think you need to fill up something (not sure what form) to make him automatic US citizen.

    I guess both my half sister and my friends parent (my dad) regret to file that in behalf of their child.

    anyways my suggestion. to avoid problem in the future (of him claiming US citizen) ask a immigration lawyer. goodluck

    I'm afraid this is not right. Under the child act he is automatically an US Citizen. He is a Legal Permanent Resident and, before he turns 18 I have the right to apply for his US passport, as he gained his citizen through me.

  12. So, I have a 17 year-old son, who is a LPR and automatically ( as they say) became a US Citizen through me - a recently US Naturalized citizen.

    I have my brand new US passport and already have an appointment scheduled for him to get his US passport.

    Thing is, he is getting his permanent driver's license and we have to fill out the forms, and one of the questions is: 'Are you a US citizen?'

    I don't know what would be the 'correct' answer, as we don't have proof of his citizenship yet. But answering that he is a LPR is also true and not true?

    I'm confused on this limbo. Help anyone? unsure.png

    Thanks!

  13. Wonder if the USCIS ever thought about that at an oath ceremony where they like the kids of the parent there. Say congratulations to the kids for becoming US citizens, yet they walk out the door with their green cards. Do take the parent's green card though.

    If they want an extra 600 bucks per kid, why can't they ask for that the same time you apply for the N-400? Can only wonder who came up with this method and why?

    Good question, but let's not give them any ideas :innocent:

    It's just seems odd to me, though. My son was not at my Oath Ceremony, as I never gave it a thought about bringing him along. I guess they'd assume, you bring the kids, they kindda participate, take an oath in a go-along-with-it manner, and that's it. Anyways, it works for me. Now I have to dash to the US passport agency before his 18th birthday!

  14. Yes he can. I became an US citizen through my dad when I was a minor. It was a really quick process for me. Once he gets his US passport he is not allowed to use the green card you are supposed to turn it over to USCIS. Usually, you apply to get the US Citizen certificate and he won't have to go to an actual ceremony just to the USCIS office and give a quick oath and turn in his green card to get the certificate. Good luck!

    Thanks for the info! We'll do that!

  15. First of all, I'm glad that my journey is over. I went to my Oath Ceremony today and I'm finally a US Citizen! :thumbs:

    Now, I'm applying for a US passport and I was wondering, since my son is a Permanent Resident under 18, he can also apply for his US passport, based on my US citizenship.

    I wonder what happens to his green card, once he gets his US passport?

    Thanks, guys!

  16. You need to visit the consulate website - either Brasilia or Rio to see the list of doctors eligible. They list the phone numbers, so contact them and make an appointment. It's not hard, but keep in mind that, some exams take time to get the results back. I did mine back in 08, and if I'm not wrong there was an interval of 10 days between appointments. You have to go once for the exam and return to pick up the sealed envelope with the form and signature of the doctor. Whatever you do, once you get that envelope DO NOT OPEN IT. It has to be presented at the interview sealed as you got it from the doctor. Good luck!

  17. Yes, start with joint bank accounts, insurance policies - car, health etc, joint utility bills (you can add his name), anything that down the road will back your relationship as a married couple. Keep the family gatherings pictures, trips together - tickets and so forth. It is a good idea to start a ROC (Removal of Conditions) folder, where you can keep your stuff related to his process.

    Meanwhile, enjoy life and be happy :)

    P.S. No need to reapply for EAD - the GC is the ultimate proof that he is in the US legally and has permission to work.

  18. After being in US on various visas and eventually a green card I'm finally applying for naturalization and am terrified of screwing up the process or getting so frustrated I give up completely. Any practical advice on what to do/not to do or just stay sane during the process will be much appreciated.

    Oh, something else: the day you go for your biometrics, they give you a booklet with all the questions and answers for the test. I found particurlary helpful the CD it comes with it, which I could listen in the car, on my way to work and back. I watched documentaries on Netflix about the Civil War, Lincoln, Thomas Jefferson, which were also helpful.

  19. I can tell you that the Naturalization process for me was the easiest one so far, in terms of gathering the paper work. Don't fret, just go through the N-400 form slowly.

    If you have copies of your previous forms submitted for your green-card process, make sure you put down the same answers for the standard questions. In other words, just be consistent, same answers, same documents previously submitted and always tell the truth.

    The only thing I found it tiresome was to get the dates on my passport when I travelled abroad for summer vacations during the period of my legal residence, calculating the days I was out of the country to put down on the form. :wacko: :wacko:

    Being organized also helps. :thumbs:

    The documents you will need are almost the same ones, original and copies: marriage certificate, if previously divorced, proof of termination - divorce decrees, passports, and very important, taxes filed. I called the IRS and ordered some transcripts and they came in 4 days in the mail. That was very helpful, because the officer in my interview asked to see those, and he kept them.

    I had some utility bills to prove residence, 2 reports of joined bank accounts, car and health insurance cards.

    Mind you, the officer didn't ask to see any of these, but I had them ready if he needed. The only thing he wanted to see was my taxes :bonk:

    So, go slowly and breathe, it's almost over!

    My process, from the date I filed to the interview today took 3 months and I got out of there with my Oath letter in hand, which will be on April 24. I can't wait to get to the end of this journey.

    Best! (F)

  20. Hello folks,

    I just wanted to share my experience at the interview for Naturalization today, in Houston, TX.

    I haven't joined the list for the January filers, but I did send my application in or around Jan 10, 2013.

    Anyway, things went fast and ok and I had my interview today, passed and got my Oath Ceremony letter on the spot - scheduled for April 24th, 2013. :dance: :dance:

    The officer was a very nice and firm man. I got the following questions:

    1- Who is the father of our nation?

    2- We elect a US. Representative for how many years?

    3- The House of Representatives has how many voting members?

    4 - In what month we vote for President?

    5 - Who is the Chief Justice of the United States now?

    6 - Name one war fought by the United States in the 1900?

    After that, he asked me to write the sentence: George Washington is the first President.

    And I had to read: George Washington is the father of our nation.

    I had my huge folder with me, but he did not ask for anything, but the green card, passport and driver's license. He then went through the N-400 application, and asked me if I had filed my taxes. I told him that I had ordered the transcripts for the past 4 years and gave them to him, which he kept and put them in my file. That was the only thing he wanted to see.

    Then he stamped "Approved" on my file, and told me: "Congrats, go back to the lobby and wait for you Oath letter, which will be on April 24th, together with 2500 other people."

    I waited for 20 min at the lobby, and the lady called my name again and gave me the letter, which I should bring it on the Oath Ceremony.

    All in all it was a breeze, got there at 6:30 am and was out by 8:00am.

    I hope this will be helpful and I wish you all the best on this final stretch of this journey.

    Best! :thumbs:

  21. Hi there, I brought my little dog to the US with me. Since he is a small dog - micro-toy puddle, I had to carry him on the plane. I don't know how it is with cats, as they do tend to stress out very easily. Make sure you have all the paper work done, vaccination records, vet's statements and the lot. I remember I had to go to the agency at the airport in Rio which gave me the list of all the documentation I needed, and once completed I had to go back for the approval stamp. With all the paper work in order, I had no problems boarding the plane, or entering US with my dog. That was back in 2008, so I don't know what have changed. Just search on the internet, I'm sure there are information out there relating to your state that can help you know how to go about this, as well as the requirements of the airline you are using. Oh, and make sure the vet give your cats some sedation, it will help with the trip, and make them comfortable and warm, as it gets very cold, if they have to travel on the cargo. Good luck!

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