Help on what forms to file

[tobatz 0]

good day,

First of all, I'd like to thank this forum for all the help during my journey to my naturalization. This forum has helped me a lot and now I'm here again to ask your help. My wife/daughter came to the US 3 years ago with H1B/H4 visa. My wife's visa is still current.I just got naturalized and I'm on the process adjusting their status. I was browsing through uscis.gov and found out these are forms that I need to fill up.

* Form I-130 - Petition for Alien Relative (wife)

* Form I-864 - Affidavit of Support

* Form I-485 - Adjust Status

* Form N-600 - Application for Certificate of Citizenship (Daughter)

My question is, do I need to file Form I-130 for my daughter together with Form N-600?

Thanks.

[JimVaPhuong 4,863]

good day,

First of all, I'd like to thank this forum for all the help during my journey to my naturalization. This forum has helped me a lot and now I'm here again to ask your help. My wife/daughter came to the US 3 years ago with H1B/H4 visa. My wife's visa is still current.I just got naturalized and I'm on the process adjusting their status. I was browsing through uscis.gov and found out these are forms that I need to fill up.

* Form I-130 - Petition for Alien Relative (wife)

* Form I-864 - Affidavit of Support

* Form I-485 - Adjust Status

* Form N-600 - Application for Certificate of Citizenship (Daughter)

My question is, do I need to file Form I-130 for my daughter together with Form N-600?

Thanks.

Good question. I'm not sure of the answer.

In order to be eligible to acquire citizenship with an N-600 the child must have been admitted for lawful permanent residence. An H4 is a non-immigrant visa, so at this point she's only been admitted as a non-immigrant. I think you need to file an I-130 and I-485 for daughter. Once her green card is approved then she's been admitted as a lawful permanent resident. I would think you could then file the N-600. Perhaps you can even file concurrently. I honestly don't know.

[tobatz 0]

Thanks for the reply...Yeah I think your are right. I was reading the uscis.gov website and I happen to stumble on Adjudicator's Field Manual - Chapter 17 which covers N-600 and N-600K. One of the requirements for a US citizen to file for N-600/N-600K is "The parent must be a citizen of the United States at the time of the child’s birth". I just got naturalized last week so filing for N-600 for my daughter is out of the question....

Btw, aside from the forms above, are there any forms that I need to fill up? I believe I can send all these forms in one mailing, correct?

[tobatz 0]

I need to clarify something, Do I need to file a separate I-485 for my wife and daughter or use only one I-485 for the both them?

[JimVaPhuong 4,863]

Thanks for the reply...Yeah I think your are right. I was reading the uscis.gov website and I happen to stumble on Adjudicator's Field Manual - Chapter 17 which covers N-600 and N-600K. One of the requirements for a US citizen to file for N-600/N-600K is "The parent must be a citizen of the United States at the time of the child’s birth". I just got naturalized last week so filing for N-600 for my daughter is out of the question....

Btw, aside from the forms above, are there any forms that I need to fill up? I believe I can send all these forms in one mailing, correct?

No, that's when the child is claiming citizenship based on being the biological child of one or more US citizen parents at the time of birth. Read the form instructions. The second way to use the N-600 is when you're claiming US citizenship by action of law. This is the basis you would be using. Here are the rules for applying by action of law:

A. You have at least one parent who is a U.S. citizen, whether by birth or naturalization;

B. You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent;

C. You have been lawfully admitted for permanent residence;

D. You have not yet reached your 18th birthday;

E. You are a biological child, or were legitimated before you were 16,

OR

you were born out of wedlock and have not be legitimated but your mother becomes a naturalized U.S. citizen.

The one requirement in this list that your daughter doesn't yet meet is the "lawfully admitted for permanent residence" requirement. Entering the US with an immigrant visa is one way to become "lawfully admitted for permanent residence". The other is to adjust status and get a green card. This is what I think you need to do. Get your daughter a green card and then she'll be eligible to submit an N-600.

I need to clarify something, Do I need to file a separate I-485 for my wife and daughter or use only one I-485 for the both them?

Separate forms and separate fees.

[aleful 1,905]

good day,

First of all, I'd like to thank this forum for all the help during my journey to my naturalization. This forum has helped me a lot and now I'm here again to ask your help. My wife/daughter came to the US 3 years ago with H1B/H4 visa. My wife's visa is still current.I just got naturalized and I'm on the process adjusting their status. I was browsing through uscis.gov and found out these are forms that I need to fill up.

* Form I-130 - Petition for Alien Relative (wife)

* Form I-864 - Affidavit of Support

* Form I-485 - Adjust Status

* Form N-600 - Application for Certificate of Citizenship (Daughter)

My question is, do I need to file Form I-130 for my daughter together with Form N-600?

Thanks.

hi, you state that your wife's visa is current, but you don't say anything about your daughter.

is her visa still valid? to file concurrently for each of them they both have to have their visa current. they can't be out of status, not even one day. you have to file for a GC for your daughter.

there are more forms, the i765, the G325A, and the i693 medical exam.

you don't need to file the N600.

how old is she?

[tobatz 0]

yes, my daughter's visa is still valid. She is 3 years old.