Citizenship question for a minor who has relocated abroad.

[phoneix123]

Friends, I need your help.

This is my situation.
MY GC got approved for myself,spouse and kid on Nov07. For a Family reasons, my spouse and kid has to go abroad, and I am staying here for Citizenship. I have applied re-entry permit for both of them. They will be staying there for the next 4 years.Plan is to renew their re-entry permit again for another 2 years.They will come here for FP. My plan is to get my CitizenShip by Nov12 and then move abroad.I have 2 questions.

1. If I become a Citizen, would my kid automatically qualify for Citizenship.If not what is that he has to go through to get the Citizenship. Kids age would be 12 at that time.

2. What happens to my Spouse's status, Will she be eligible for Citizenship being a spouse of a Citizen or she has to restart her clock.

Please advis me.

I appreciate the help.

Thanks,
Phoneix.

 

[nkm-oct23]

For the child to derive citizenship under the Child Citizenship Act , the child has to be living in the US with you with a valid green card when you obtain your citizenship.

Spouse has to file for citizenship:
a) 3 years after remaining married to a US citizen, or
b) 5 years of getting green card.

Both these options require you to be physically be present in the US for at least 50% of the time.

 

[Jackolantern]

I have applied re-entry permit for both of them. They will be staying there for the next 4 years.Plan is to renew their re-entry permit again for another 2 years.They will come here for FP.

Were they physically in the US at the time the reentry permit was filed? If not, the reentry permit will either be denied, or if not denied it could be invalidated when they try to use it, if USCIS realizes they were out of the country at the time it was filed. They can be abroad while it is pending, but they should have been in the US when it was filed. So if they were outside the US when it was filed they would need to return and reapply.

When you get citizenship, in order for your child to also get citizenship you need to bring the child back to the US to live with you for a little while. Then you can apply for the child's US passport using his birth certificate and your naturalization certificate.