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Divorced and childs status is tied to mother

Divorced and childs status is tied to mother

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Old Feb 29th 2020, 7:32 pm
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Default Divorced and childs status is tied to mother

Wonderful people of BE, I have 3 questions in this post. Background first:
I am divorced from my also British wife. I am remarried and have a GC through marriage to a US citizen. My wife remains on her L1A status. Our 6 year old daughters status is tied to her mother, so she’s an L2 dependent. We share joint legal custody of our daughter.

1. Can I apply for my daughter to become a permanent resident based on my own status?

2. Once I have US citizenship, same question, can I also have my daughter go through the process at the same time? If the answer to the first question is yes, she would not have held a GC as long as me, but does that matter if I gain citizenship?

3. I have an immediate issue that daughters UK passport has expired. Mother has her passport and as explained, daughters status is L2 dependent of mother. I need a new passport for her within 6 weeks for a planned trip to Canada for spring break. Anyone know an expedited process? And how about me taking her and returning to the US, do I need document from her mother, notice of action etc.?? We have the same surname btw.

Thanks in advance!
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Old Feb 29th 2020, 9:34 pm
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Default Re: Divorced and childs status is tied to mother

What are the intentions of the L1 sponsor? Are they intending to go the green card route?
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Old Feb 29th 2020, 9:56 pm
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Default Re: Divorced and childs status is tied to mother

Originally Posted by andyrebell
What are the intentions of the L1 sponsor? Are they intending to go the green card route?
yes, she is also remarrying, a US citizen. Later this year I believe.
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Old Mar 1st 2020, 3:17 am
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Default Re: Divorced and childs status is tied to mother

You can petition her, her future step father can petition her, might be quicker, so a family decision as to who does what.
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Old Mar 1st 2020, 12:59 pm
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Default Re: Divorced and childs status is tied to mother

How can your wife be on a L1A status and be a US Citizen as the same time? Believe you are referring to your ex-wife.

Hope I don't confuse you with this re: naturalization/citizenship for a child.

Your child automatically becomes a US citizen when her CUSTODIAL PARENT naturalizes.

The child must:

1. Already be a permanent resident. Does not matter how they obtain that residency. Just that they be a PR.

2. Be under the age of 18.

3. The child does not have to do anything. They ride the parent's coattails and can obtain a US Passport asa the parent naturalizes.

Last edited by Rete; Mar 1st 2020 at 1:01 pm.
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Old Mar 1st 2020, 1:18 pm
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Default Re: Divorced and childs status is tied to mother

Originally Posted by Rete
How can your wife be on a L1A status and be a US Citizen as the same time? Believe you are referring to your ex-wife.

Hope I don't confuse you with this re: naturalization/citizenship for a child.

Your child automatically becomes a US citizen when her CUSTODIAL PARENT naturalizes.

The child must:

1. Already be a permanent resident. Does not matter how they obtain that residency. Just that they be a PR.

2. Be under the age of 18.

3. The child does not have to do anything. They ride the parent's coattails and can obtain a US Passport asa the parent naturalizes.
Her mother is currently L1-A. She is marrying this year so will be adjusting status following that. It’s my wife that is a USC, and my ex’s future husband is a USC. Thanks for confirming the riding the coattails route.
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