Help! My n400 pending. Status of my 1 year old child

[rup001 2]

Folks, please help!

I'm currently in process to being naturalized. With that, I also have a pending i-130 for my spouse and 1 year old child for overseas processing.

I read it somewhere that once I become a US citizen, my child will automatically be a US citizen too. Is that accurate? So then there are 2 questions:

1) What is my next step in the process?

2) What happens to my child's i-130?

I do know, nonetheless, I have to update my citizenship process on my i-130.

Please advise,

Thanks,

Rup

[BigDaddy28 228]

You have to bring your son here as a permanent resident first (green card) than when he enters he becomes a US citizen. You can apply for his passport and N 600 (if you choose to) after his entry as a permanent resident

Edited November 7, 2015 by silkafi88

[rup001 2]

Silkafi,

Thanks a bunch. This helps. So, no action needed on this until they come to US! Awesome!

[aaron2020 11,651]

Hi,

For your child to gain US citizenship through you, he/she must meet the 4 requirements of the Child Citizenship Act;

1. Child is under age 18; and

2. Child has a USC parent; and

3. Child lives with USC parent; and

4. Child was admitted as an LPR.

Nothing in the immigration process really changes because your child needs an immigration visa to be admitted to the US as an LPR before your child can become a US citizen. The only change is that you can use an I-864w for your child since your child would automatically become a US citizen when admitted into the US on an immigration visa to live with you.

Best of luck

[rup001 2]

Nothing in the immigration process really changes because your child needs an immigration visa to be admitted to the US as an LPR before your child can become a US citizen. The only change is that you can use an I-864w for your child since your child would automatically become a US citizen when admitted into the US on an immigration visa to live with you.

Best of luck

Aaron, great information. Thank you.

So yet it sounds like the i-864 needs to be submitted AFTER my child is in the US, correct? And no action is due on my part on this prior to that, correct?

[aaron2020 11,651]

Aaron, great information. Thank you.

So yet it sounds like the i-864 needs to be submitted AFTER my child is in the US, correct? And no action is due on my part on this prior to that, correct?

No. You need to file the I-864w and DS260 before the interview. You do not file an I-864 for your child.

You will need the I-864 for your wife.

[NikLR 13,227]

Aaron, great information. Thank you.

So yet it sounds like the i-864 needs to be submitted AFTER my child is in the US, correct? And no action is due on my part on this prior to that, correct?

No.

You still need to do the ENTIRE visa process and your son must enter the USA as an LPR. But instead of paying the new immigrant fee and obtaining a green card, you will obtain a passport.

If you become a USC before your child has their visa then you need a separate I-130, DS-261, DS-260, I-864 etc all for just your child.

If you become a USC after your child has a visa, they need to enter the USA to become a USC.

Either way your child WILL be counted on the I-864 for your husband (and possibly the child.)

I-130s of immediate relatives of a USC do not have a derivative category like the F2A does.

Edited November 8, 2015 by NLR

[rup001 2]

If you become a USC before your child has their visa then you need a separate I-130, DS-261, DS-260, I-864 etc all for just your child.

NLR,

What you've said above has caught my attention. Is it a must or optional that i redo the whole i-130, DD-261, DS-260, I-864 if i become a USC before my child gets her visa? Redoing the whole thing may translate into another 6-12 months of wait, or even longer.

Just to clarify genders - I'm a husband (naturalization pending) petitioning for my spouse and a child - daughter (i-130 pending since May 2014.... files keep moving from coast to coast)

Thanks,

Rup

Edited November 8, 2015 by rup001

[NikLR 13,227]

If your daughter does not get a visa by the time you become a USC, she needs her own I-130 and path because USC immediate relative I-130s do not allow derivatives.

I assume right now your daughter is a derivative of your wife's I-130?

[rup001 2]

If your daughter does not get a visa by the time you become a USC, she needs her own I-130 and path because USC immediate relative I-130s do not allow derivatives.

I assume right now your daughter is a derivative of your wife's I-130?

Thanks a lot for clarifying.

And yes, my daughter is a derivative of my wife's i-130. Another question - Does it make sense that I file a separate i-130 for my daughter now as a permanent resident? The thought process is that this way, hopefully, we'll scale some processing times by the time I naturalize. Is this legal, advisable and something people tend to do?

[NikLR 13,227]

I'm not sure as I don't have a lot of experience with the F2A to IR1 conversion and the effect it has on derivatives. From what I've googled, you should file a separate I-130 for the child, which is legal for you to do of course. You'd then upgrade BOTH petitions after you naturalize.

The main issue that I know of is that your daughter will not be a USC until after she enters the USA as an LPR, but how she gets here, I'm unsure of. But looking from my research you would need to file a separate I-130 for your daughter.

http://blogs.usembassy.gov/philippines/f2a-to-ir1ir2-conversion-iv/

http://guangzhou.usembassy-china.org.cn/f2a_visas_spouses_and/or_children.htmm

[rup001 2]

NLR,

I dont see a loss in filing as long as its legal which it sounds like. This was really helpful. Thanks a bunch!