N400 and children of GC holder

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goldsprinkle

Registered Users (C)
I will be qualified to apply for citizenship in June 2009 under the 3 year rule and being married to a USC. I have brought 2 kids (now 19 and 17 years old) into the marriage under the K2 visa. Because they were my derivatives, I only had to file 1 application for I751 to lift the conditions and we have been approved for the 10 year Green Card. My question is, do we each have to file our own N400? Or can they go under my application? Please clarify.
 
Do both kids have their own green cards? If they do, the 19 years old will have to file by himself as an adult, which means he will have to comply with all continuous residence and physical presence requirements and pass an interview as any other applicant.

Now, if the 17 years old has a green card and you naturalize before he turns 18 then he will derive citizenship automatically under the child citizenship act of 2000 (you might want to search for this on the internet to get full details)

Children under 18 cannot apply with their own N-400, only adults can. Adults cannot derive citizenship if their parents naturalize after they have become adults. Basically it means there is really no concept of putting your children under your application. You fill your own application and fill the part about your children, but that doesn't mean they are under your application.
 
That makes sense. I don't think I will get my naturalization before my youngest turns 18. Now as adults, they have to wait for 5 years as Permanent Residents before they can file for N400. Is that correct?
 
Yes, that's correct, they will have to wait until they have 5 years (minus 90 days) of Green Card living in the US without absences from the US of over six months. Basically, same requirements as other immigrants not married to US citizens. Make sure they stay out of trouble during all that time and that they understand the importance of staying out of trouble. There have been several cases of young adults who have committed small crimes before being naturalized and have been deported. Not that I think your children are going to do this, but I think it would be good for them to understand the possible consequences of any crime before they naturalize.
 
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