Lack of residency - Should I give CRBA a try? [merged threads]

[TBoneTX 46,295]

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[newacct 688]

The INA 322 process (with N-600K) is not really applicable because their whole family is planning to relocate to the US. Tourist visa will be denied because they are intending to immigrate. Consular processing for an immigrant visa is the right route.

[imayg 0]

Like you were told in your other thread, Consulates generally want you to apply for CRBA if there is a possibility that the children are USCs. If you don't have enough physical presence in the US, it will be denied and you'll be able to file I-130s for them. Once they get their immigrant visas and set foot in the US with you, they'll automatically become citizens because of the Child Citizenship Act.

aaron2020 is right, too. That is not CRBA, however. That way, you have to get them in the US somehow before you can file the N-600K. Tourist visas maybe? I'm not sure.

Either way the end result is the same.

Hi. I would like to know then.. Which is better? To file for n600k first or tourist visa? I'm in the same situation. Thanks!

[EM_Vandaveer 2,417]

Hi. I would like to know then.. Which is better? To file for n600k first or tourist visa? I'm in the same situation. Thanks!

CRBA first. After it's denied, you can try for a tourist visa and IF that's granted, N-600K has to be filed from the US while the child is in the US, before the child's 18th birthday.

If tourist visa is denied, you'll have to file an I-130 for the child in order to get them an immigrant visa, once they set foot in the US on the immigrant visa and are under 18 and in the USC parent's custody, they automatically become a USC and you can get them a US passport.

Edited July 28, 2016 by EM_Vandaveer

[newacct 688]

After it's denied, you can try for a tourist visa and IF that's granted, N-600K has to be filed from the US while the child is in the US, before the child's 18th birthday.

That's the wrong order. N-600K is filed from outside the US. Then, after it is approved, the child applies for a tourist visa to go to the US to attend the oath ceremony.

[EM_Vandaveer 2,417]

That's the wrong order. N-600K is filed from outside the US. Then, after it is approved, the child applies for a tourist visa to go to the US to attend the oath ceremony.

OK, I learned something new today.

[imayg 0]

That's the wrong order. N-600K is filed from outside the US. Then, after it is approved, the child applies for a tourist visa to go to the US to attend the oath ceremony.

Would you know how long does the process of N600K takes? Is it much better and faster to apply form I-130 outside the US and petition my child while here abroad (philippines)? Did you experience N-600k as well? can you tell more abt it? Sorry I have many questions as I'm really confused on what form should I use now

thank you

[Mark88 184]

N-600K takes 3-9 months. It's much less financially and easier than I-130.

[newacct 688]

Would you know how long does the process of N600K takes? Is it much better and faster to apply form I-130 outside the US and petition my child while here abroad (philippines)? Did you experience N-600k as well? can you tell more abt it? Sorry I have many questions as I'm really confused on what form should I use now

thank you

They are used in different situations. You would go through the N-600K process if you and your child are not relocating to the US (it requires getting a visitor visa which requires no immigrant intent). You would petition for an immigrant visa if you and your child are relocating to the US (it requires that you intend to reestablish domicile in the US by the time your child immigrates).

[imayg 0]

They are used in different situations. You would go through the N-600K process if you and your child are not relocating to the US (it requires getting a visitor visa which requires no immigrant intent). You would petition for an immigrant visa if you and your child are relocating to the US (it requires that you intend to reestablish domicile in the US by the time your child immigrates).

But let's say we applied for N600K has been approved, does that mean that my child can get a US Passport once he has claimed his US Citizenship? We are not relocating in the US for now and we do not intend to relocate there anytime soon because we intend to school him here abroad (Philippines). I am wondering what if by the time that he becomes an adult and of legal age and wants to decide for himself on where he wants to live or pursue career and own life, will he be given the right as a US Citizen (by N600K) to migrate in the US legally?

[imayg 0]

They are used in different situations. You would go through the N-600K process if you and your child are not relocating to the US (it requires getting a visitor visa which requires no immigrant intent). You would petition for an immigrant visa if you and your child are relocating to the US (it requires that you intend to reestablish domicile in the US by the time your child immigrates).

Also, should the grandparent be present in the interview if he fills in the required physical presence of the child? instead of the parent's physical presence (due to lacking years of residency)?

[newacct 688]

But let's say we applied for N600K has been approved, does that mean that my child can get a US Passport once he has claimed his US Citizenship? We are not relocating in the US for now and we do not intend to relocate there anytime soon because we intend to school him here abroad (Philippines). I am wondering what if by the time that he becomes an adult and of legal age and wants to decide for himself on where he wants to live or pursue career and own life, will he be given the right as a US Citizen (by N600K) to migrate in the US legally?

If you are not relocating to the US soon, then the immigrant visa route will not work. The officer will deny it when he determines that you (the petitioner) are not domiciled in the US.

After he becomes a US citizen he can go to the US whenever he pleases. The thing is he needs to be able to demonstrate no immigrate intent now in order to get a visitor visa in order to complete the N-600K process.

[imayg 0]

If you are not relocating to the US soon, then the immigrant visa route will not work. The officer will deny it when he determines that you (the petitioner) are not domiciled in the US.

After he becomes a US citizen he can go to the US whenever he pleases. The thing is he needs to be able to demonstrate no immigrate intent now in order to get a visitor visa in order to complete the N-600K process.

Thank you! you answered my questions. Now, where is a better option of uscis office is better to take an interview? Is San Diego California ok and acts fast on this matter? What about IOWA uscis office? also, Im in abroad and I'll pay using money order? how should i do that?

Thank you so much!