Change of status for K2 Visa?

Question by Elyo: change of status for K2 Visa?

I have 2 kids with my fiancee and they are 2yr and a year old. they’re k2 visa are about to expires. i heard that for the kids of an us citizen under 21yr old tin obtain their us citizenship flop away. does my kids are eligible to apply for citizenship or they we need to follow the steps as their mother to change her k1 visa? thank you@Docar i am their biological father. I got my citizenship through naturalization. i applied a report of birth abroad but my application got denied and the reason why was my physical presence here in states is less than 5yrs although i been naturalized since 2006 and my eldest daughter was born 2008 and the my youngest was born last year. what were you talkin about??? their mother K1 Visa and their K2 Visa are motionless good til jan next year and i do have a good lawyer. I am just askin here so i have an idea whats goin to happen!!!

Best answer:

Answer by Brother_Hesekiel
If you are a Green Card holder, and naturalize (become an US citizen), then your children, as long as they are under the age of 21 at the time — and have Green Cards as well — automatically become US citizens as well. Before that happens they have to enter the US with their K2 visa, then adjust status with you as dependents, then become Green Cards, then remove conditions in 2 years, then become US citizen when you become one. You have a long ways to go and so do your children.

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  1. Are these you biological children?
    How did you get US citizenship?
    Did you qualify to file a consular report of birth abroad for either or both of these children?
    I assume that they are either not you biological children OR you did not qualify to file a consular report of birth abroad for either or both of these children. Otherwise they would be ineligible for a K2 visa and they would of entered the country illegally! You would need a lawyer to straighten out that mess!
    If they are not your biological children they will have to follow the steps like their mother.

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    Docar 24 December 2011 at 11:37 am Permalink
  2. No, they’re not eligible for citizenship. They would need to adjust status and follow the same steps their mother would on a K1.

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    J 24 December 2011 at 12:24 pm Permalink