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US citizenship through child?

2 replies

Nightgreen · 05/02/2023 14:34

Ds 16 is dual citizenship UK/USA. His father is American, We are now divorced and I did not get my US citizenship when married. DS is talking about living in US, if he decides to stay there and settle would it be possible for me live there legally through him as he has US citizenship. I'm assuming it would be a similar process I would have had to do if I got citizenship through exDH when married, is this correct?

OP posts:
BritWifeInUSA · 08/02/2023 05:19

You won’t get citizenship through him. You can get an immigrant visa once he:

  • has moved here and made the US his permanent home
  • is over the age of 21
  • earns enough to financially sponsor you for an immigrant visa

When all 3 of the above are true, he can sponsor you for an IR-5 immigrant visa (parent of a US citizen). If you meet all the usual requirements for immigration (moral conduct, health checks, etc) you will invited for a visa interview at the embassy and if successful you will be granted a visa. The process takes just over a year.

Once you have the visa, you have 6 months from the date of your medical examination to move to the US. You will become an LPR (green card card holder) immediately upon arrival. After 5 years as an LPR (you have to live here for that time) you can apply for citizenship. If you pass the various stages of that, you will then become a US citizen.

TLDR: you can’t get citizenship directly from your son (and you wouldn’t have been able to get it directly from your husband) but your son can eventually “open the door” for you to immigrate here and after living here for 5 years you can apply for citizenship. Being the parent/spouse of a US citizen is not enough to get citizenship. But it does start the ball rolling.

I did a similar process but as an IR-1 (spouse of US citizen). I am now also a US citizen.

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