Citizenship for Stepson

[Gadobot3000 0]

Dear VJ Forums -

 Thank you all for the informative posts pinned at the top. Despite googling around, I am not quite clear if the following is a relatively sound course of action. I understand an immigration lawyer will probably be required for the safest of answers; however, I'll take any ballpark guidance people can provide.

 

Circumstances:

a.)  I sponsored my wife and her biological son (my stepson via marriage) for a IR1/IR2 Visa respectively. 

b.)  We just got the VISAs approved / added to their passports (Feb 1st)

c.) We'll be traveling to the US, likely "moving," by July 10th  - although we may have to return to Japan after six weeks for six months to finish up work at my current employer. 

d.) Ultimately, we want citizenship for my stepson - who can be a legal dual-citizen in Japan until his 20(21st?) birthday where he technically needs to choose a nationality.

 

Current Plan of Action:

After the minimum required 3-years, we intend to apply the N400 for my wife, then n600 for my stepson.

 

Questions:

1.) Japanese law is weird - I can't legally adopt my son because of "domestic law reason redacted." Do I have any other way to skip N400 for my wife or file a N400 for my son after some period of time?

2.) Does the citizenship clock for my wife start with the Feb date or the July date?

3.) As long as she keeps the Green Card, and we return in six months for one week duration in the US for no less than 18-months, that's ok?

4.) I've read on this website that we can submit the N400 no earlier than 90-days from the 3-years required for marriage. The USCIS website shows most field offices are only processing applications from ~8 months prior (as of this posting). Does this mean it will take a year to get the N400?

5.) Are we required to be in the US while the N400 is being processed?

6.) Can we file the N600 from overseas, assuming my wife passes the citizenship test/takes the oath?

7.) If my wife later renounces her citizenship - any effect on my stepson's derived status?

 

Thank you all in advance.

[Transborderwife 4,666]

I'm confused about number 4.  Are you saying will only be in the USA for a week or so?

[Unlockable 7,315]

Please clarify this...

 

" 3.) As long as she keeps the Green Card, and we return in six months for one week duration in the US for no less than 18-months, that's ok? "

 

It reads as if you plan on being in the US twice a year for a period of one week each time. If that is the case that is NOT going to work. A green card holder has to have 3 years of continuous stay in the US. If you only spend 2 weeks a year in the US then in 3 years you will only have 42 days (or 6 weeks) of continuous stay and not 3 years.

[Gadobot3000 0]

55 minutes ago, NuestraUnion said:

Please clarify this...

 

" 3.) As long as she keeps the Green Card, and we return in six months for one week duration in the US for no less than 18-months, that's ok? "

 

It reads as if you plan on being in the US twice a year for a period of one week each time. If that is the case that is NOT going to work. A green card holder has to have 3 years of continuous stay in the US. If you only spend 2 weeks a year in the US then in 3 years you will only have 42 days (or 6 weeks) of continuous stay and not 3 years.

Hi Nuestra Union -

 Thank you for responding. I've taken the hint and educated myself on this URL - are we reading from the same text?

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

 

I think the tests in question are:

Quote

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

•The applicant’s immediate family remained in the United States.

•The applicant retained full access to his or her United States abode.

 

Is that correct? 

 

 

1 hour ago, Transborderwife said:

I'm confused about number 4.  Are you saying will only be in the USA for a week or so?

In a hypothetical example - I dont' think I can afford for my family to be flying back and forth between Japan. I just wanted to understand the limits - which I think these questions have helped with.

 

 

[Transborderwife 4,666]

2 minutes ago, Gadobot3000 said:

Hi Nuestra Union -

 Thank you for responding. I've taken the hint and educated myself on this URL - are we reading from the same text?

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

 

I think the tests in question are:

 

Is that correct? 

 

 

In a hypothetical example - I dont' think I can afford for my family to be flying back and forth between Japan. I just wanted to understand the limits - which I think these questions have helped with.

 

 

I see.  This question comes up often and the answer always is permanent residency is for living not visiting.  An immigration lawyer may be able to answer those clauses.

[Gadobot3000 0]

Thanks. Unfortunately I cant' edit my post (can I?) - now that we've established the extremes, can we strike question 3 ( or should I start a clean post w/o question 3)?

 

Most likely we'll be outside the US for a period of no more than 2-weeks per year to return for the holidays at New Years or Obon.

[NigeriaorBust 4,087]

   Your step son would be able to apply after 5 years on his own , if your travel doesn't cause him to lose his green card.

[lilsweetie 35]

1.) Japanese law is weird - I can't legally adopt my son because of "domestic law reason redacted." Do I have any other way to skip N400 for my wife or file a N400 for my son after some period of time? Your step son can apply after 5 years of Permanent Residence on his own without deriving from your wife. Then he would file a N400 instead of N600.

2.) Does the citizenship clock for my wife start with the Feb date or the July date? Citizenship clock starts from the point of entry date when you actually become a permant resident and move to US (July in your case it sounds like)

3.) As long as she keeps the Green Card, and we return in six months for one week duration in the US for no less than 18-months, that's ok? answered by others

4.) I've read on this website that we can submit the N400 no earlier than 90-days from the 3-years required for marriage. The USCIS website shows most field offices are only processing applications from ~8 months prior (as of this posting). Does this mean it will take a year to get the N400? Probably a little less than a year, close to what the USCIS site says. Mine took around 6 months.

5.) Are we required to be in the US while the N400 is being processed? Make sure you do not exceed the max time allowed outiside US as a GC holder, and that it does not exceed limits for the N400 application.

6.) Can we file the N600 from overseas, assuming my wife passes the citizenship test/takes the oath? Yes I think, but you have to make sure residency requirement is still met as in #5.

7.) If my wife later renounces her citizenship - any effect on my stepson's derived status? No, once he is a citizen, he is a citizen in his own right.