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I am a natural born in US citizen and My wife became a US…

I am a natural born...
I am a natural born in US citizen and My wife became a US citizen by marriage in May 2017 and received her certificate of naturalization. Now my understanding is her 12-year-old daughter which was born in the Philippines and has a permanent green card who now lives with us would automatically becomes a US citizen. If this is true why would I need to spend $1170 for her to have a certificate this is twice as much as it cost my wife. What purpose will this certificate proved for her, do I need this certificate for her to apply for a US passport? And what other reasons do I need to have that certificate for her? I guess I'm baffled, Why does it cost so much more for her 12-year-old daughter filing a N600 form Versus her 19-year-old daughter who will file a N 400 form (because she turned 18 after her mom became a citizen) And only costing $725. Is there any advice you can give me on this matter. Also for my wife's 19 -year-old daughter to the requirements are to demonstrate permanent residence for the past five years and also Proof of physical residence for the past 30 months. I question is, she traveled to the Philippines for 2 1/2 weeks last summer does this create a problem with the requirements? And what type of proof of residents would a 19-year-old have to provide?Thank you Tom.
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Answered in 5 minutes by:
9/19/2017
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,382
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ANSWER: I am an immigration attorney. I do not have any idea why the fees are more for the N-600 than they are for the N-400. The fees are set by the Agency.

Although requesting a certificate of citizenship is not required, people get it as a way to show citizenship, especially in cases where they do not intend to get a passport. And some people get it because the Department of State is more likely to misunderstand the regulations and evidence required to issue a passport, so a Certificate of Citizenship makes that easier on them and requires less work collecting document for you.

But the Certificate of Citizenship is not required for the issuance of the passport. She is a US citizen, and is entitled to a passport. Her parents (you and her mother) will have to collect and provide the documentary evidence to the passport office.

So if you do not want to get her a Certificate of Citizenship, then she will need the following with her passport:

  • Her foreign birth certificate listing your parent(s)
  • Her parent(s)’ naturalization certificate
  • Evidence of her permanent residence status.
  • Her parents' marriage certificate (if your parents were married when you legally entered the U.S. and before your 18th birthday)
  • Documentation of legal custody (if her parents were not married when she legally entered the U.S.)

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Customer reply replied 10 months ago
James,
I'm am the step father , her parents were never married but her father lives in New York and is a naturalized citizen from the Philippines. We have her birth certificate with both her parents name on it , we also have her mothers that's naturalization certificate, we should be able to prove residents since she's lived with us for the past five years, but there is no legal document of custody only documentation of child support order for the father to pay. So does this create a problem trying to get a passport for her?Note: the father does not communicate or cooperate in anyway.
It would be much easier and cheaper To get a passport then to apply for a naturalization certificate for her.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: Certainly, it could be a problem, as it is a requirement. But the child support order might be enough. And a sworn affidavit attesting to the facts you've given. All you can do is to try.

Otherwise, she might have to get a court order granting custody to her. That would require her to file and win a custody case in the family court against her ex-husband.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Thank you!

Expert James
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Category: Immigration Law
Satisfied Customers: 13,382
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