N-600K or I-485? Passport Maybe?

[RedWagon 0]

Hi All,

 

I am a Derivative US Citizen from my Father, I have lived maybe 3 years when I was a kid in the US, but have lived abroad for the most part of my life, I had a baby out of wedlock and he was born outside the US.  He lived with me most of the time we lived abroad. I got a job offer in the US, moved here 3 years ago and since then my son comes to visit everytime he is on School Vacation with a B2 Visa.

 

he is 9 years old right now and I usually go and pick him up and drop him back again. He came back on vacation a couple of months ago and everything was good and cool but his mom dropped me a bomb saying that she cannot take care of him anymore because she is having a housing problem. I called USCIS to see what my options were since he is here in the US, got in legally, the lady on the phone said I could Apply for an N-600 but I do not meet the requirements. Then she said that I should get him i-485 to change his status with a i-130.

 

I took notes and checked those forms, had more questions, called USCIS back and this time I told them that n-600 was not an option due to my missing requirements but this time they told me about the N-600K since my Dad is a US Citizen. She told me that my son met the requirements through my dad, but then she said something on the lines of you can even apply for a Passport... Now is that even an option??

 

Now the what I see is that I have several options.

 

N-600K while my kid is still here, using my dad for it. the interview would be in 90 days which means that his Visa B2 would still be active. and in case it stretches more I can travel with him abroad and come back? 

 

If I file the I-130 + I-485 for a Residency for my Son, would he still be getting the US Citizenship once his GC is approved?

 

I am sorry I have tons of questions but the more I read this the more confused I get, I got noticed about this yesterday and I spent the whole day yesterday reading, and it seems like this site is the best option to get community help

[AshMarty 360]

I am not 100% sure but I have a friend whose boyfriend is Canadian but his mother was a US citizen (he is older so he missed his chance to formally become a US citizen with traditional paperwork).

 

Details that aren't as important is they had trouble because of his age getting his Citizenship on their own with the traditional immigration paperwork but after talking to an immigration lawyer he stated no matter what your age, if your parent is a US citizen than they have the right to claim citizenship also (per the lawyer).

 

They were instructed to file their paperwork that they have previously filed for his citizenship through immigration office (which was denied) directly to the passport office instead and it actually did work out and he received his US passport two months ago. He will be moving to the US next month to be with her. From their story if you are a US citizen then your son should have rights to citizenship as well. I am not an expert on this topic but it might be worth following up with an immigration lawyer about. It was much quicker and much cheaper process in the end to get the passport directly.

 

Hope you figure things out.

Edited December 29, 2017 by AshMarty

[RedWagon 0]

Yes I am a US Citizen, but I do not meet the requirements, my son is 9 years old so he still is able to apply for the N-600k with my Father (his Grandfather)

 

I just want to do the best option for him so he can gt into school and not miss that.

 

I was checking just now Filling to a GreenCard with I-485 and I-130 I read somewhere that In this case if I apply for a GreenCard and he is a US citizen then as soon as he gets his green card it will be non valid and he will become a US Citizen also that I-693 would not be required. My son has all his Shots and everything but they were taken abroad and he hates needles so I would not like for him to have to get vaccinated all over again.

[AshMarty 360]

8 minutes ago, RedWagon said:

Yes I am a US Citizen, but I do not meet the requirements, my son is 9 years old so he still is able to apply for the N-600k with my Father (his Grandfather)

 

I just want to do the best option for him so he can gt into school and not miss that.

 

I was checking just now Filling to a GreenCard with I-485 and I-130 I read somewhere that In this case if I apply for a GreenCard and he is a US citizen then as soon as he gets his green card it will be non valid and he will become a US Citizen also that I-693 would not be required. My son has all his Shots and everything but they were taken abroad and he hates needles so I would not like for him to have to get vaccinated all over again.

Like I said I am not an expert on the matter.

 

I know my friend spent two years trying to do the immigration process through USCIS (we would talk a lot about this because we were both dating men from different countries). I chose the K1 visa with my now husband and she and her boyfriend perused citizenship. The turn around for the passport was much quicker than going through the USCIS. Once your son has a passport he is a US citizen (that is his proof).

 

Hopefully someone else can give you more details of their personal experience and help, if not consult with a lawyer if you still have questions. Good luck I truly hope you figure everything out!

 

 

  

Edited December 29, 2017 by AshMarty

[aleful 1,905]

nope

 

his son can't derive citizenship from a grandparent. it is from parent to child, not automatically like he did

 

as long as you can prove that you are a USC and that he is your son, you will file adjustment of status for your child, once he has a GC, then yes, he will derive your citizenship. he can get a passport if you'd like. the n600 is optional

 

you will file the i864W for the affidavit of support.

 

Because he was born out of wedlock, immigration might request that you do a DNA test

Edited December 29, 2017 by aleful

[RedWagon 0]

1 minute ago, aleful said:

nope

 

his son can't derive citizenship from a grandparent. it is from parent to child, not automatically like he did

 

as long as you can prove that you are a USC, you will file adjustment of status for your child, once he has a GC, then yes, he will derive your citizenship. he can get a passport if you'd like. the n600 is optional

 

you will file the i864W for the affidavit of support.

Thank you very much

 

So the best way is to I-130 + I-486 + I-864? then once approved and he has a GC go for the US Passport?

 

now with all this is the I-693 required in any part of the process?

[aleful 1,905]

correct

 

but not the i864 affidavit of support but the i864W, the waiver because he is deriving citizenship

 

yes he will have the medical and vaccinations. depending on what vaccinations he already has, he will get vaccinated or not, you have to take his records at his medical

[RedWagon 0]

Do you know if I send the I-485 with I-130 and I-864W, When and how can I apply for a SSN or what is needed, My Child needs a SSN in order for me to add him to my Health Insurance ad I guess in order to enroll him in school as well.

[AshMarty 360]

1 minute ago, RedWagon said:

Do you know if I send the I-485 with I-130 and I-864W, When and how can I apply for a SSN or what is needed, My Child needs a SSN in order for me to add him to my Health Insurance ad I guess in order to enroll him in school as well.

If you have an employer health insurance plan call your human resources to see if he needs a SS#. I asked my Human Resources department and they said my husband didn't need one to be added to my health insurance but to follow up when he does have one and they will then add it.

 

[aleful 1,905]

you will file the i765 EAD work permit, obviously he won't work, but he can get a SSN with the EAD

 

so file the i131 travel document and the i765 EAD work permit, they are free when filed with the i485

[jan22 3,064]

10 hours ago, aleful said:

nope

 

his son can't derive citizenship from a grandparent. it is from parent to child, not automatically like he did

 

as long as you can prove that you are a USC and that he is your son, you will file adjustment of status for your child, once he has a GC, then yes, he will derive your citizenship. he can get a passport if you'd like. the n600 is optional

 

you will file the i864W for the affidavit of support.

 

Because he was born out of wedlock, immigration might request that you do a DNA test

The first part of this answer is completely incorrect. Under the Child Citizenship Act, if a parent does not meet the physical presence requirements, the child can still acquire US citizenship through the grandparent, if the grandparent meets the physical presence requirements. This is the process that requires the N600k. 

 

However, it is a long, time-consuming process.  It would be faster and simpler to file the I-485.  Once it is approved, and your son becomes a legal permanent resident, as long as he is under 18, he will become a U.S. citizen immediately.  (BTW, you can ask your pediatrician to do blood titers to prove what vaccinations your son has had and submit that.)