N600 or AOS then N600 or somthing else

[NigeriaorBust 4,087]

My husbands cousin naturalized about 3 years ago. He had an illegimate child back home. He married the childs mother after he wa a USC and they both recently arrived ( K3 and K4 ) The child is 14. What is the next step for the child ? The mother needs AOS to green card to citizenship in 3 years. But I am confused about what the child can do ( the best path to USC ) Is it AOS to GC to USC or is N600 an option?

[hikergirl 277]

I found this and it appears to me that the son is already a US Citizen.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD

I am sure someone will be along to correct me if I'm wrong.

[JimVaPhuong 4,863]

I found this and it appears to me that the son is already a US Citizen.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD

I am sure someone will be along to correct me if I'm wrong.

Read the following requirement from the page you linked to:

The child is residing in the United States in the legal and physical custody of the U.S. citizen parent based on a

lawful admission for permanent residence

.

This is critical. A K4 is a non-immigrant visa. The child has not been admitted for permanent residence until they file an adjustment of status for the child. Once the AOS is approved then the child becomes a citizen, providing the other requirements have been met. They could then apply for either a US passport or certificate of citizenship or both.

[Jojo92122 1,924]

Jim is correct. The child is not a US citizen. The child must adjust his status to an LPR. Once he is an LPR and he meets the other requirements of the Child Citizenship Act, the child automatically becomes a US citizen.

Here is the sequence; K-4 ---> AOS to LPR ---> Child Citizenship Act - automatic US citizenship (if all requirements are met).

The N-600 is not an option until after the child becomes a US citizen. The N-600 costs $600. It's cheaper to just file for a US passport (approx. $100) in lieu of filing the N-600.

Edited November 7, 2011 by Jojo92122

[NigeriaorBust 4,087]

Money and more money. At least they are reunited thanks,