What kind of legal status are my wife and child after my naturalization?

P

ptz

Registered Users (C)
Hi everyone, need your advice on whether my wife and child are entitled to any US resident or citizen status if this is my case.....

- married my wife overseas in 2008,
- our child was born overseas in 2009,
- wife and child are living overseas at the moment, and have not lived in the US before,
- I live and work here in the US, and filed my naturalization application in April 2010 (declared about my wife and child on the application),
- I become a US citizen in September 2010.

- Question:
- Is my wife and child entitled to any US residency or citizenship status by my naturalization?
- If not, what would I need to do to bring them to US for good?

I have read about some of the information regarding this, but not quite understand or sure about it. Before consulting with an attorney on this, I would like to have an idea on this myself.

Any help on this will be appreciated!
 
I do not think either of them will get automatic citizenship. To get citizenship, you usually have to go through green card process, which both of them did not.

You will need to sponsor both of them to enter US first, then they will need to become eligible for citizenship.

BTW, did you report their names / status on the N400 application?
 
I see. That's kind of what I guess. I read that if the child was born after my naturalization, then he will automatically get US citizenship. Just wondering if he was born before my naturalization, whether it will be the same. So I guess not.

yes, I did report their names and status on my N400 application. Thank you for your input.
 
If a child is born after your naturalization, the child can apply for US citizenship right away provided that you have proof that is your child.

To move your wife and children to USA, you need to apply for their immigration visa at their current living country. It's a year long process but not too bad. Once their immigration visas are approved, they will become permanent residents when they arrive in USA.
 
ptz said:
Hi everyone, need your advice on whether my wife and child are entitled to any US resident or citizen status if this is my case.....

- married my wife overseas in 2008,
- our child was born overseas in 2009,
- wife and child are living overseas at the moment, and have not lived in the US before,
- I live and work here in the US, and filed my naturalization application in April 2010 (declared about my wife and child on the application),
- I become a US citizen in September 2010.
--------------------------- Your wife and child can’t become US citizens automatically based on your US Citizenship that you got September 2010
- Question:
- Is my wife and child entitled to any US residency or citizenship status by my naturalization?
- If not, what would I need to do to bring them to US for good?
------------------------------- You need to file I-130 for your wife. I-130 may be approved in 2-3 months by USCIS. Once I-130 gets approved it will go to NVC and your file will go to US embassy/Consulate for your wife Immigrant visa interview and then they can enter US with Immigrant visa and will get GC. Total time may be 6-8 months from the date you file I-130 then send documents to NVC (they will let you know what they need). You must read the family based immigration for spouse of US citizen.


I have read about some of the information regarding this, but not quite understand or sure about it. Before consulting with an attorney on this, I would like to have an idea on this myself.

Any help on this will be appreciated!
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Ptz,

Once u become citizen, ur unmarried child will become US citizen once he or she meets the following criterias:

1- get green card
2-enter the US LEGALLY

For that, u need to petition for ur wife and child. Form I-130. Ur petition will eventually get approved and will be forwarded to National Visa Center for processing. U will pay another fee, ur family will get notified at the embassy for interview. Once they get in US they will get their greencard via mail. About a month from their arrival. Ur child will be a Citizen at that point, just go to.post office apply for her US passport. They will ask for her foreign passport, I94, greencard and proof of ur citizenship. Note that both parent need to be present when applying for a child passport.
As far as ur wife is concerned, she will be permanent resident for 3 years and can apply for her citizenship like u did, N400.
U need to petition for ur family ASAP. It wont take more than 6 months for the whole process.

Good luck...
 
ptz said:
Hi everyone, need your advice on whether my wife and child are entitled to any US resident or citizen status if this is my case.....

- married my wife overseas in 2008,
- our child was born overseas in 2009,
- wife and child are living overseas at the moment, and have not lived in the US before,
- I live and work here in the US, and filed my naturalization application in April 2010 (declared about my wife and child on the application),
- I become a US citizen in September 2010.

- Question:
- Is my wife and child entitled to any US residency or citizenship status by my naturalization?
- If not, what would I need to do to bring them to US for good?

I have read about some of the information regarding this, but not quite understand or sure about it. Before consulting with an attorney on this, I would like to have an idea on this myself.

Any help on this will be appreciated!
Click to expand...

How old is your child?
 
I don't think it was made clear but you have to file 2 I-130's one for wife and one for child.

As soon as the child's foreign passport is stamped at entry as an LPR in the U.S. when coming to live with you, (s)he will simultaneously derive citizenship. I suggest that you apply for BOTH a U.S. passport and an N-600 for the child immediately. Get it over with.

Your wife will be eligible to file and an N-400 (barring any disqualifying issues, should any arise) 2 years, 9 months and 1 day after arrival under INA 319(a) pursuant to INA 334(a). Look it up.
 
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ginnu---all Immediate Relatives of a USC require an individual petition. A principle alien relative in a qualifying family preference category may have derivitive spouse and child ride along with them on a single petition. This person is a USC who wishes to petition for two immediate relatives: 1.) his wife and 2.) his child. This situation requires two I-130's. Do your homework.

********************************************************************************************************************
http://www.uscis.gov/USCIS/Resources/A1en.pdf

FROM the brochure at link above, for a USC petitioner:

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children.
*********************************************************************************************************************
http://www.uscis.gov/USCIS/Resources/B1en.pdf

FROM the brochure at link above, for an LPR petitioner:

In most cases, when your spouse’s place in line is reached, his or her unmarried children under 21 years old can follow to join the relative on the same visa petition. However, if an unmarried child turns 21 years old before reaching the "front of the line," you will need to file a new separate petition for each child included on the original petition. Please following instructions and include a copy of the receipt notice for the original petition.
 
BigJoe5 said:
ginnu---all Immediate Relatives of a USC require an individual petition. A principle alien relative in a qualifying family preference category may have derivitive spouse and child ride along with them on a single petition. This person is a USC who wishes to petition for two immediate relatives: 1.) his wife and 2.) his child. This situation requires two I-130's.
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-------------------- you are correct
 
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You would have to apply for both of them to join you here in the United States, which should be fairly painless. Assuming that they are granted LPR status and you are a USC, your child would be a USC based on having one USC parent, and having been admitted as a LPR and being under the age of 18, and lives with you for more than 1 day. You would need to do a N-600 or N-440, I can't remember which. The certificate is not required under the law, but makes things much easier down the road.
 
betterdays said:
Ptz,

Once u become citizen, ur unmarried child will become US citizen once he or she meets the following criterias:

1- get green card
2-enter the US LEGALLY

For that, u need to petition for ur wife and child. Form I-130. Ur petition will eventually get approved and will be forwarded to National Visa Center for processing. U will pay another fee, ur family will get notified at the embassy for interview. Once they get in US they will get their greencard via mail. About a month from their arrival. Ur child will be a Citizen at that point, just go to.post office apply for her US passport. They will ask for her foreign passport, I94, greencard and proof of ur citizenship. Note that both parent need to be present when applying for a child passport.
As far as ur wife is concerned, she will be permanent resident for 3 years and can apply for her citizenship like u did, N400.
U need to petition for ur family ASAP. It wont take more than 6 months for the whole process.

Good luck...
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Am I understanding this correctly? It sounds like once my child enters the US as a permanent resident, then he can apply for the passport right the way. Does he needs to go through things like N-400, N600, or N-600K (one of these, not sure which one) before getting the passport? I am confused here.

To me, getting the US passport implies he is naturalized and is a US citizen. If he can apply for it right the way, then I believe it is just a matter of couple weeks. However, if he needs to go through one of the N-400, N600, or N-600K, then it is like 6 to 9 months, and a lot of paper filing.....

by the way, my child is about 1 year old now.
 
You understood correctly. Once your child enters the US as a permanent resident, he will be instantly upgraded to citizen under the provisions of the Child Citizenship Act. You can apply for a US passport for him.

The most sensible approach, in most cases, is to apply for the child's US passport right away. For all ordinary purposes, the passport is the most useful proof of citizenship.

If you want, you can also file N-600 (not N-400 nor N-600K) on his behalf. As you stated, that takes months, and there's paperwork, and a hefty filing fee. Despite these detractions, many of us do file N-600 for our minor children, just to provide them with the best possible documentation for the long term. A passport expires, and if you neglect to renew it for a few years you have to reassemble your evidence (parent's naturalization certificate, child's green card, proof of residency in the US, etc.) and submit it again. The N-600 filing eventually yields a single, permanent document that can serve as primary evidence of US citizenship for the holder's entire life. On the other hand, apparently the majority of people eligible to file N-600 never do. They probably get by all right by keeping their US passport current.
 
After the child arrives in the U.S. he will be an LPR and then instantly a USC. The passport folks might make you to at least wait for his greencard to arrive before they will accept his passport application. You may as well check that out in the meantime while you are waiting and preparing things. The alternative would be to surrender his foreign passport with the LPR stamp in it. I don't know if they would take it OR if you'd allow it. A passport for a minor requires both parents to either be present with the child or to have affidavit from the parent not present (check their website about the details) and the passport is only issued for 5 years until he is 16, then it comes in 10 year increments.

The N-600 would be the 2nd thing to file. The Certificate does not expire and as Primary proof of USC, it is still available at times in his life when he needs positive proof but only has an expired passport which may or may not satisfy whoever he's dealing with at the time.
 
BigJoe5 said:
After the child arrives in the U.S. he will be an LPR and then instantly a USC. The passport folks might make you to at least wait for his greencard to arrive before they will accept his passport application. You may as well check that out in the meantime while you are waiting and preparing things. The alternative would be to surrender his foreign passport with the LPR stamp in it. I don't know if they would take it OR if you'd allow it. A passport for a minor requires both parents to either be present with the child or to have affidavit from the parent not present (check their website about the details) and the passport is only issued for 5 years until he is 16, then it comes in 10 year increments.

The N-600 would be the 2nd thing to file. The Certificate does not expire and as Primary proof of USC, it is still available at times in his life when he needs positive proof but only has an expired passport which may or may not satisfy whoever he's dealing with at the time.
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Thanks BigJoe5 and anxiouscdn2. I just want to be sure if you don't mind. My child was borned before I got naturalized. So what you two suggested still valid, right?

Thanks again.
 
ptz said:
Thanks BigJoe5 and anxiouscdn2. I just want to be sure if you don't mind. My child was borned before I got naturalized. So what you two suggested still valid, right?

Thanks again.
Click to expand...

Yes, absolutely. My child was 16 years old when I naturalized, and since she was an LPR, she became a citizen immediately too.
 
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