Son entered on K2 Visa- want to cancel and apply got N-600

[mellymel15 0]

Hi Everyone!

Does anyone know if my son entered the US on a k2 visa and I want to cancel it and use n-600 (application for citizenship) If I can do this?

I am Canadian the father was born and raised in the US. We never filled for a birth abroad but he is entitled to US citizenship through his dad.

Would it be a problem to stop including my son on the AOS?

NEED help. Can't get through to anyone by phone!!

Thanks

[aaron2020 11,651]

Hi Everyone!

Does anyone know if my son entered the US on a k2 visa and I want to cancel it and use n-600 (application for citizenship) If I can do this?

I am Canadian the father was born and raised in the US. We never filled for a birth abroad but he is entitled to US citizenship through his dad.

Would it be a problem to stop including my son on the AOS?

NEED help. Can't get through to anyone by phone!!

Thanks

Since your son has entered the US, there is no need to cancel the K2 as it is a single entry visa. Follow the instructions for Form N-600. There is another post that deals with a situation very similar to yours that I've replied to today. http://www.visajourney.com/forums/index.php?showtopic=217950

Edited September 14, 2009 by aaron2020

[mellymel15 0]

Hi Everyone!

Does anyone know if my son entered the US on a k2 visa and I want to cancel it and use n-600 (application for citizenship) If I can do this?

I am Canadian the father was born and raised in the US. We never filled for a birth abroad but he is entitled to US citizenship through his dad.

Would it be a problem to stop including my son on the AOS?

NEED help. Can't get through to anyone by phone!!

Thanks

Since your son has entered the US, there is no need to cancel the K2 as it is a single entry visa. Follow the instructions for Form N-600. There is another post that deals with a situation very similar to yours that I've replied to today. http://www.visajourney.com/forums/index.php?showtopic=217950

Thanks,

I was hoping I wouldn't have to file the AOS for him and only apply for citizenship. It would then save me $600 if I don't have to file his AOS. Any idea

[aaron2020 11,651]

Hi Everyone!

Does anyone know if my son entered the US on a k2 visa and I want to cancel it and use n-600 (application for citizenship) If I can do this?

I am Canadian the father was born and raised in the US. We never filled for a birth abroad but he is entitled to US citizenship through his dad.

Would it be a problem to stop including my son on the AOS?

NEED help. Can't get through to anyone by phone!!

Thanks

Since your son has entered the US, there is no need to cancel the K2 as it is a single entry visa. Follow the instructions for Form N-600. There is another post that deals with a situation very similar to yours that I've replied to today. http://www.visajourney.com/forums/index.php?showtopic=217950

Thanks,

I was hoping I wouldn't have to file the AOS for him and only apply for citizenship. It would then save me $600 if I don't have to file his AOS. Any idea

Your son is not applying for US citizenship. He is a US citizen. The certificate of citizenship that he obtains by filing Form N-600 is just proof. Follow the instructions for Form N-600 and file the appropriate supporting documents to obtain proof that your son is a USC. Best of luck to you.

[VetsWife328 7]

You have got to file AOS for your son first ! He has to be a permanent resident of the USA before you can file the N 600.Sorry,sitting in the same boat here.

Nat

[aaron2020 11,651]

You have got to file AOS for your son first ! He has to be a permanent resident of the USA before you can file the N 600.Sorry,sitting in the same boat here.

Nat

I think you may be mistaken. Your son is a US citizen based on his father's status as a USC and his father meeting the residency requirement. Even though he came to the US as a non-citizen, the only reason for that was because you never registered his birth with the US embassy. An AOS is not required for US citizens. Just file Form N-600.

[VetsWife328 7]

Sorry Aaron your info is not correct.I have talked to an IO about this ,and it does state so in the N 600 that the child HAS to be a Permanent Resident first.

Doesn't make any sense to me either and I sure would have liked to spent the 600$ we spent for AOS for my son on his N 600 but thats how they want it done...

Nat

[aaron2020 11,651]

Sorry Aaron your info is not correct.I have talked to an IO about this ,and it does state so in the N 600 that the child HAS to be a Permanent Resident first.

Doesn't make any sense to me either and I sure would have liked to spent the 600$ we spent for AOS for my son on his N 600 but thats how they want it done...

Nat

That's only if you are looking at #2 which is how a child of a USC gains citizenship as an "operation of law." This includes adoption by a USC and being an unmarried minor in the custody of an LPR parent who becomes a USC.

A child born to a USC who meets the residency requirement is a USC. That child has a claim to US citizenship based on birth and not by operation of law.

A child born to a USC who meets the residency requirement just has to report his/her birth to the US embassy to get proof of US citizenship. So, it does not make sense that your child would need to do an adjustment in the US as he is already a USC and does not need to adjust to be an LPR.

---------------------

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

Edited September 15, 2009 by aaron2020

[kokobearus 4]

Sorry Aaron your info is not correct.I have talked to an IO about this ,and it does state so in the N 600 that the child HAS to be a Permanent Resident first.

Doesn't make any sense to me either and I sure would have liked to spent the 600$ we spent for AOS for my son on his N 600 but thats how they want it done...

Nat

That's only if you are looking at #2 which is how a child of a USC gains citizenship as an "operation of law." This includes adoption by a USC and being an unmarried minor in the custody of an LPR parent who becomes a USC.

A child born to a USC who meets the residency requirement is a USC. That child has a claim to US citizenship based on birth and not by operation of law.

A child born to a USC who meets the residency requirement just has to report his/her birth to the US embassy to get proof of US citizenship. So, it does not make sense that your child would need to do an adjustment in the US as he is already a USC and does not need to adjust to be an LPR.

---------------------

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

Here is the cheaper option for your son. Bring your son and his fathers naturalization certificate,your son's GC and passport fee to nearest USPS and apply for passport for him. I know a relative that did this and they issued US passport to their children. they did not apply n600 /try this. and you can save some money.

[VetsWife328 7]

OK would be really nice if it worked that way..

But I guess my case is a bit more complicated.

Even though my son"s US Citizen father IS on my son's BC,he refuses to sign any papers acknowleding my son because he does not want to pay Child Support.

A German Court DID establish Paternity, and he did not contest that but I highly doubt that that Paperwork counts here at all.

His Bio Father will definitley not send me his BC.....

But I DID run into a problem applying for my son's K2 BECAUSE they said he has a claim to US Citizenship,ONLY because I didnt have proof of his " father" having full filled the residencyu requirments did my son get a Visa.And here we go again,I do not have that proof and he wont send me anythiong that could proof that he was not only born in Texas but has (except for Military Time spent in Germany and Iraq) never lived outside of the USA.........

Sop right there is my Dilemma.

I know that if Bio Dad would cooperate my son would have been a Citizen a long time ago and we wouldnt have had to pay all these fees.............

Nat

[aaron2020 11,651]

OK would be really nice if it worked that way..

But I guess my case is a bit more complicated.

Even though my son"s US Citizen father IS on my son's BC,he refuses to sign any papers acknowleding my son because he does not want to pay Child Support.

A German Court DID establish Paternity, and he did not contest that but I highly doubt that that Paperwork counts here at all.

His Bio Father will definitley not send me his BC.....

But I DID run into a problem applying for my son's K2 BECAUSE they said he has a claim to US Citizenship,ONLY because I didnt have proof of his " father" having full filled the residencyu requirments did my son get a Visa.And here we go again,I do not have that proof and he wont send me anythiong that could proof that he was not only born in Texas but has (except for Military Time spent in Germany and Iraq) never lived outside of the USA.........

Sop right there is my Dilemma.

I know that if Bio Dad would cooperate my son would have been a Citizen a long time ago and we wouldnt have had to pay all these fees.............

Nat

Hi Nat,

Sorry to hear about your situation. Here is a thought - you can sue the biological father in a US court for paternity and child support. Agree to drop it if he cooperate with you on the N-600. Or you could pursue the action in court and have the court direct him to cooperate.

Aaron

[VetsWife328 7]

Hey Aaron,

2 people one thought...

What you said is exactly what I do.I talked to the Texas General Attorney today,called the WA child support Enforcment Office AND mailed a letter to Bio Dad that he has until Oct 15th,2009 to cooperate and fill out my sons N 600 where it asks for his Info,send me an Affidavit of Paternity and his BC or else I will take him to Court..

He is active duty military AND lives in Texas........Texas doesn't play games when it comes to Child Support and much less does the US Military.

So it would be much cheaper and nicer to just give my son his Citizenship..

NAT

[kokobearus 4]

Hey Aaron,

2 people one thought...

What you said is exactly what I do.I talked to the Texas General Attorney today,called the WA child support Enforcment Office AND mailed a letter to Bio Dad that he has until Oct 15th,2009 to cooperate and fill out my sons N 600 where it asks for his Info,send me an Affidavit of Paternity and his BC or else I will take him to Court..

He is active duty military AND lives in Texas........Texas doesn't play games when it comes to Child Support and much less does the US Military.

So it would be much cheaper and nicer to just give my son his Citizenship..

NAT

goodluck to you !

[payxibka 10,045]

Sorry Aaron your info is not correct.I have talked to an IO about this ,and it does state so in the N 600 that the child HAS to be a Permanent Resident first.

Doesn't make any sense to me either and I sure would have liked to spent the 600$ we spent for AOS for my son on his N 600 but thats how they want it done...

Nat

That's only if you are looking at #2 which is how a child of a USC gains citizenship as an "operation of law." This includes adoption by a USC and being an unmarried minor in the custody of an LPR parent who becomes a USC.

A child born to a USC who meets the residency requirement is a USC. That child has a claim to US citizenship based on birth and not by operation of law.

A child born to a USC who meets the residency requirement just has to report his/her birth to the US embassy to get proof of US citizenship. So, it does not make sense that your child would need to do an adjustment in the US as he is already a USC and does not need to adjust to be an LPR.

---------------------

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;

If the child is a USC by birth then how can the child be issued a visa? A USC does NOT need a visa.... There have got to be more facts to this story

Edited September 16, 2009 by payxibka

[baron555 934]

Hi Everyone!

Does anyone know if my son entered the US on a k2 visa and I want to cancel it and use n-600 (application for citizenship) If I can do this?

I am Canadian the father was born and raised in the US. We never filled for a birth abroad but he is entitled to US citizenship through his dad.

Would it be a problem to stop including my son on the AOS?

NEED help. Can't get through to anyone by phone!!

Thanks

His K-2 gets cancelled automatically when he entered. So nothing more to do.