4-month-old baby to travel with his mom after she got accepted for an IR-1 Visa

[Mark88 183]

So now as I understand, the 2 ways possible are filing an I-130 or a N-600K for my baby boy.

Correct. You must determine though, if you qualify for the N-600K. If none of your parents are/were USC's you can forget about it right away.

1. My wife's I-130 is expected to get approved in +/- 3 months from now. If I apply for a Non-immigrant visa for my child after my wife gets her IR-1 visa without filing an I-130 for my child, could he get accepted with the reason that he has to travel with his mother urgently because she has to be in the USA within 6 months of her visa issue?

No, not going to happen. It's a non immigrant visa. The N-600K approval is probaly the only exception.

2. I have read on this forum that expediting the I-130 for a reason of bringing the family together will not get accepted, is this true?

No, it is not a reason. Everyone on VJ files to bring their family together. It is definatly not a reason to get an expedite granted.

3. If I file an I-130 now for my baby boy, then my wife gets her IR-1 visa in 2-3 months, he will still be in the process of getting is immigrant visa, so how will he be able to travel in this period? We couldn't apply for a B-1 visa for him then because he will be through the process of immigration, could we?

Simple answer: He won't.

With his pending application he won't be issued a B-2 visa. You're wife will simply have to wait until the IV for your child has been issued here, too.

I'm really confused and don't know what to apply for right now. I'm afraid of filing an I-130 now and get stuck afterwards and my baby boy wouldn't be able to travel with mom (I really don't know how this is possible!)

Welcome to the club. You would have been better off, if either the visa would already had been issued before your child was born, or you would have startetd the applicaton for both the wife and child together. Now you're at risk, that while the child's I-130 is processing, that the visa for your wife could expire and you would have to do everything over again.

I would however recommend, that should the processing time overlap, that your wife pushes the interview a couple months out, until the I-130 is also processed for your child. Worst case would be, that she just would need to redue her medical.

If you qualify, I would go for the N-600K (about 6 months processing) compared to an I-130 (12-18 months).

I'm afraid of filing an I-130 now and get stuck afterwards and my baby boy wouldn't be able to travel with mom

Like I saied, you would have to time it. Your wife just has to postpone the interview until your child is also processed.

I really don't know how this is possible!

USCIS doesn't really care how old your son is, or if the visa of your wife could expire until the other one is issued. They just figure, you can always move abroad if you really want to be with your family (that's what a CO saied to my face back then!).

Well what I was thinking of is not filing an I-130 now and waiting for mom to get her IR-1 visa and then apply for a B-1 visa for my baby boy then and explain that he needs to travel temporarily with mom because he is dependent on her then file an I-130 afterwards. Is this possible or do you still think that filing an I-130 is better?

This is a story, the CO's heard a lot of times. You can try, but it will pretty likely not happen.

Your only option will be either I-130 or N-600K

[mnos7i 0]

This is a story, the CO's heard a lot of times. You can try, but it will pretty likely not happen.

Your only option will be either I-130 or N-600K

Thanks alot for all this valuable info, I really do appreciate your help!

I am eligible for the N-600K, could I apply for both the N-600K and I-130 together at the same time?

And what do I need to do to file a N-600K? And where should I file it?

Thank you.

[apple21 953]

Thanks alot for all this valuable info, I really do appreciate your help!

I am eligible for the N-600K, could I apply for both the N-600K and I-130 together at the same time?

And what do I need to do to file a N-600K? And where should I file it?

Thank you.

Instructions are here: http://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

Do you meet criteria number 4? From what I read in your first post, you are in the US while your child is in Egypt.

Edited May 21, 2014 by apple21

[mnos7i 0]

Instructions are here: http://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

Do you meet criteria number 4? From what I read in your first post, you are in the US while your child is in Egypt.

I am currently in Egypt and will be in USA in a month. Does that make me ineligible for N-600K?

[apple21 953]

I am currently in Egypt and will be in USA in a month. Does that make me ineligible for N-600K?

Oh I see. Sorry about that. I misread your first post.

[Hypnos 6,576]

If you qualify for it, the N-600K seems the way to go, since it will be an automatic bestowal of citizenship, without having to mess around with the immigrant visa process (which as I'm sure you've found out with your wife, is both costly and time-consuming).

The instructions for the N-600K were linked above, and seem quite clear in determining eligibility to file (page 1).

You do have to select a USCIS office to be interviewed at for the N-600K, it isn't something you will just receive approval of in the mail.

[Mark88 183]

I am eligible for the N-600K, could I apply for both the N-600K and I-130 together at the same time?

And what do I need to do to file a N-600K? And where should I file it?

As other's pointed out, read the instructions in the N-600K. You can file the N-600K and I-130 together if you want to be on the safe side (I would probably do it, too). If the N-600K is approved before the I-130, and you travel to the US to complete the process, the I-130 will be come obsolete, since US visas can't be issued to an USC.

One more tip from me: You will have to proof physical presence of an USC grandparent. If you are a USC by birth abroad (i.e. YOUR parents filed a CRBA for YOU when you were younger), THAT is your proof, since their physical presence was already once recognized by the State Department.

Thanks alot for all this valuable info, I really do appreciate your help!

You're welcome

If your N-600K is approved, and you can complete the process, please post a story about your experience and the process, since there is hardly any real info on VJ, and you will help others that were in the same situation as you.

[mnos7i 0]

You're welcome

If your N-600K is approved, and you can complete the process, please post a story about your experience and the process, since there is hardly any real info on VJ, and you will help others that were in the same situation as you.

I will share my experience as soon as I'm done.. Thank you!

[Mark88 183]

Good luck

[mnos7i 0]

Good luck

I have just contacted the USCIS, after explaining my whole situation, the lady told me that my baby boy has to file an I-130 and not a N-600K because the N-600K is for people residing outside the US which is not our case. We are currently outside the US but I will be there next month and my wife and son should follow as soon as they obtain there visas. She also told me to contact the US Embassy in Cairo and see what they could do about my baby boy and mom traveling together. So I think I should apply for an I-130 asap and contact the Embassy on Sunday.

This is getting really confusing.

[jan22 3,056]

I was not aware of that. Excellent information; thanks for sharing.

But note how one of the previous post started out -- "I intend to live outside the U.S." in asking about the N-600 process. It is a process to document US citizenship for those who live outside the US and who cannot, therefore, qualify for citizenship under the Child Citizenship Act of 2000 (since no immigrant visa would be issued and the child would not enter the US as a legal permanent resident. After the N-600, the family returns to a country outside the U.S. It requires a B2 visitor visa to enter the US for the final interview -- and I am aware of at least two cases where the visa officer denied the B2 when they found out that once the US citizenship was approved, the family planned to live in the US. It isn't intended as a way around the immigrant visa process. More importantly -- it usually takes a minimum of 6-8 months (if you're lucky), and frequently longer, for the N-600 to be approved and then you need the visitor visa interview. It is not, as at least one other poster indicated, a faster process than the I-130. Good luck!

Oops -- I'm a slow typist, so the OP already had the answer before I got this done -- can't delete it, so I will once again wish luck on getting the I-130 filed and approved as quickly as possible!

Edited May 23, 2014 by jan22

[Mark88 183]

I have just contacted the USCIS, after explaining my whole situation, the lady told me that my baby boy has to file an I-130 and not a N-600K because the N-600K is for people residing outside the US...

You are CURRENTLY residing outside the US you can file at this point the N-600K. If you are going to move back to the US in a month, that might be your intention, but you have to look at the situation at the time of filing (plans can change, maybe you stay longer in Egypt).

[Mark88 183]

After the N-600, the family returns to a country outside the U.S. It requires a B2 visitor visa to enter the US for the final interview

Which is I think is very confusing from USCIS side: Make ther person a USC, but don't let them reside as a Citizen in the US?

[jan22 3,056]

Which is I think is very confusing from USCIS side: Make ther person a USC, but don't let them reside as a Citizen in the US?

It will let the child reside in the US when there is an intent to do so -- when either the parents decide to live in the US or the child when they are older -- it's just not a way to immigrate to the US. This particular process is for those who do not intend to live in the US. It's actually a benefit -- if the parents have no intention of residing in the US, but want to claim US citizenship for their child to ensure that the citizenship is documented, they can do so. Otherwise, they couldn't do so without lying about it and applying for an immigrant visa -- which would then make the child a US citizen upon entry into the US as a permanent resident (Child Citizenship Act of 2000). This provides a way for parents who reside overseas to be honest and not have to create a fake immigration intent, a fake domicile, etc. to get that IV.

[Mark88 183]

but want to claim US citizenship for their child to ensure that the citizenship is documented, they can do so.

But I think that's the whole point of the N-600K: The parents intend to immigrate, not the child. The child is basicly claiming citizenship through a grandparent. What happens after that, is up to the citizen/legal guardian. Espcially with OP's case, since he is an USC residing outside the US with his child when he files today.