Best Option? N400 then N600k OR I130

[lei1111 3]

What do you think the path of least resistance is? 

 

Back round

US citizen (wife)  married to UK citizen with US residency (husband). He is 6 year resident and does qualify for citizenship. We live in state of Az. 

We would like to have my husbands daughter come from the UK to the US to live with us permanently.

 

Is it better to do N400 Naturalization  and have resident become citizen and then do N600K for child? Some say this negates the Visa waitlist that the I130 has.

 

Or better to apply for I130 ? (Petition for Alien Relative) as a stepparent? 

 

What happens in either scenerio? 

 

Yes he is on the birth certificate.

Yes, the child was on the initial I864 paperwork.

Yes, mother of child seems supportive of decision.

 

 

[Boiler 45,541]

Not sure I see how the N600K applies in your case, well from what you posted.

[geowrian 22,337]

3 minutes ago, lei1111 said:

Is it better to do N400 Naturalization  and have resident become citizen and then do N600K for child? Some say this negates the Visa waitlist that the I130 has.

How would the child get any benefit in this situation...? The child must be an existing LPR (green card holder) and under 18 to derive citizenship from a parent. Your husband getting citizenship does not grant any benefits to a child residing abroad.

 

Only option is to petition for the child. If the unmarried child is under 21 and you married before they were age 18, then you can petition as a stepparent. ETA: ~12-16 months currently. Otherwise, he should petition. ETA: ~2-2.5 years.

If the husband gets citizenship and she is still under 18 at the time the child enters on the immigrant visa (or he naturalizes after she enters), then she will become a USC immediately. Then she just needs a US passport as evidence of citizenship....much faster/cheaper than an N-600.

[britishdakota 18]

N-600 doesn't seem to apply in your situation, one of the requirements is: "The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased."

 

It seems the quickest way would be to file the N-400 and I-130, if the child gets their LPR before the N-400 is completed then they should become a citizen at the same time as their father. 

[lei1111 3]

26 minutes ago, britishdakota said:

N-600 doesn't seem to apply in your situation, one of the requirements is: "The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased."

 

It seems the quickest way would be to file the N-400 and I-130, if the child gets their LPR before the N-400 is completed then they should become a citizen at the same time as their father. 

I knew I was missing something. Ugg! So file the N400 and I130 at the same time?

[lei1111 3]

31 minutes ago, geowrian said:

How would the child get any benefit in this situation...? The child must be an existing LPR (green card holder) and under 18 to derive citizenship from a parent. Your husband getting citizenship does not grant any benefits to a child residing abroad.

 

Only option is to petition for the child. If the unmarried child is under 21 and you married before they were age 18, then you can petition as a stepparent. ETA: ~12-16 months currently. Otherwise, he should petition. ETA: ~2-2.5 years.

If the husband gets citizenship and she is still under 18 at the time the child enters on the immigrant visa (or he naturalizes after she enters), then she will become a USC immediately. Then she just needs a US passport as evidence of citizenship....much faster/cheaper than an N-600.

So the N400 for hubby and I130 for child filing at the same time? 

[lei1111 3]

35 minutes ago, Boiler said:

Not sure I see how the N600K applies in your case, well from what you posted.

That's why I am asking. Trying to get it all figured out. 

[geowrian 22,337]

18 minutes ago, lei1111 said:

I knew I was missing something. Ugg! So file the N400 and I130 at the same time?

Best thing - assuming you married before the stepchild turned 18 and the child is under 21 and unmarried now - is for you to petition the child via an I-130.

 

When your husband naturalizes is up to him. If he becomes a USC fist, the child will be  a USC upon entry on the immigrant visa. If not, the child will becomes a USC at the same time.

(assumes the child is under 18)

[lei1111 3]

28 minutes ago, geowrian said:

When your husband naturalizes is up to him. If he becomes a USC fist, the child will be  a USC upon entry on the immigrant visa. If not, the child will becomes a USC at the same time.

(assumes the child is under 18)

Sorry, I dont understand... What is up to him????  

[geowrian 22,337]

16 minutes ago, lei1111 said:

Sorry, I dont understand... What is up to him????  

When your husband wants to naturalize.

If you petition for your stepson, then his naturalization isn't as critical (it only impacts if/when the child becomes a USC, not when they will start living in the US).

[lei1111 3]

12 hours ago, geowrian said:

Got it! Thanks for the reply.

May I ask- WHO fills out the I130? Me- the US citizen or my husband - who is the resident/getting ready to do N400? 

 

When your husband wants to naturalize.

If you petition for your stepson, then his naturalization isn't as critical (it only impacts if/when the child becomes a USC, not when they will start living in the US).

 

[geowrian 22,337]

12 minutes ago, lei1111 said:

Got it! Thanks for the reply.

May I ask- WHO fills out the I130? Me- the US citizen or my husband - who is the resident/getting ready to do N400?  

It would be faster for you (the current USC) to do so - assuming you are eligible to do so (married before the child turned 18).

[TM92 527]

On 10/1/2018 at 5:45 PM, lei1111 said:

What do you think the path of least resistance is?

Here are helpful links:

• https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html
• https://www.visajourney.com/content/child
• https://www.visajourney.com/content/childpet

Get acquainted with IR-2 from the first link. From the second link, for all green card purposes your stepchild is considered your child: "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18"

 

Info to be aware of:

But for citizenship your stepchild is not automatically considered your child. You have to either legally adopt her, https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartH.html:

Quote

C. Adopted Child

 

An adopted child means that the child has been adopted through a full, final, and complete adoption. This includes certain siblings of adopted children who are permitted to be adopted while under 18 years of age.

 

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

• The child is adopted in the United States or abroad;
• The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted before reaching 18 years of age); and
• The child is in the legal custody of the adopting parent or parents at the time of the adoption.

In general, the adoption must:

• Be valid under the law of the country or place granting the adoption;
• Create a legal permanent parent-child relationship between a child and someone who is not already the child’s legal parent; and
• Terminate the legal parent-child relationship with the prior legal parent(s).

Or your husband has to naturalize before she turns 18 (and also meet bullet point #3 below), https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html:

Quote

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
2. The child is under the age of eighteen years.
3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

Otherwise, your stepdaughter will have to naturalize on her own when she becomes an 18+ adult.

[Manc73 34]

On ‎10‎/‎1‎/‎2018 at 8:07 AM, lei1111 said:

 

I would apply for your citizenship and submit the I-130 for your son. I

[NigeriaorBust 4,087]

 How old is your stepson  ?   That is the key thing.  from the mother not objecting I assume the son is still a child not an adult ?