Citizenship for one Spouse and GC for other

[Pungiwalla]

I would like to apply for USC for myself and my daughter; my wife would retain citizenship of country of our origin and US GC for the moment.

In the event she (we remain outside of US for more than a year or 2 yrs with REP) her green card will be void. In that case, if we decided to return to US, how long it will take for me as a USC to bring her into United states? Could she get some type of temporary visa first and start living here in the united states and then after a period of time go through the GC--> USC route?

 

[Jackolantern]

If you have been outside the US for more than a year, you have broken continuous residence and will have to wait 4 years and 1 day after you return to become eligible for citizenship, unless you meet one of the allowable exceptions (such as working overseas for the US government or a US corporation). In addition, once you apply, bureaucratic delays could cause you to wait for years. So if your wife allows her GC to get canceled, you could find yourself separated from her for years while you wait to become a US citizen.

If your wife's green card becomes invalid, and you obtain US citizenship, you could file a K visa for her, which would allow her to come to the US to finish the green card processing. But that takes 6-12 months, which is about the same amount of time it takes to get a green card via consular processing.

 

[Jackolantern]

As far as your daughter is concerned, she will obtain citizenship automatically when you naturalize, if she is living with you in your legal custody at the time of naturalization. But for proof of her citizenship you still need to apply for a US passport for her, and/or a certificate of citizenship (N-600).

 

[boatbod]

If we decided to return to US, how long it will take for me as a USC to bring her into United states? Could she get some type of temporary visa first and start living here in the united states and then after a period of time go through the GC--> USC route?

Consular Processing typically takes 9-12 months, although if you are both living abroad, you may be eligible for direct consular filing, which might speed the process somewhat.

The only 'temporary' visa your wife wife would be eligible for would be a K-3 (spouse of USC). Getting one requires you to have already submitted an I-130 and then an I-129F.

 

[Pungiwalla]

As far as your daughter is concerned, she will obtain citizenship automatically when you naturalize, if she is living with you in your legal custody at the time of naturalization. But for proof of her citizenship you still need to apply for a US passport for her, and/or a certificate of citizenship (N-600).

Does that mean when I'm naturalized, even if my daughter was not born in USA, I will be able to apply for US passport for here as she has been living with me? If that's case, you save on USC filling fees.

 

[boatbod]

Does that mean when I'm naturalized, even if my daughter was not born in USA, I will be able to apply for US passport for here as she has been living with me? If that's case, you save on USC filling fees.

Your daughter must be an LPR under 18yrs old, and be living in your custody in the US. Under those conditions, she automatically becomes a USC at the time when you take your oath. At that time you can apply directly for her passport, and/or go through the N-600 process for a certificate of citizenship.

http://travel.state.gov/family/adoption/info/info_457.html

 

[Jackolantern]

Does that mean when I'm naturalized, even if my daughter was not born in USA, I will be able to apply for US passport for here as she has been living with me? If that's case, you save on USC filling fees.

Yes, the passport is much cheaper. But getting the N-600 certificate while she is a child is still advisable. Unlike passports, it doesn't expire. And if she loses the passport, she might have to get your involvement to prove her citizenship all over again if she doesn't have the certificate. Also, if she waits until she is an adult to get the certificate, they'll make her do an interview to get it, which could result in denial if the interviewer is stupid or she gets nervous and says the wrong things.