N-600k Filing //Documentation of physical presence

[USC4SPOUSE 506]

1 hour ago, arken said:

To apply for a US passport, one has to be a US citizen. OP's children aren't US citizens that's why OP is planning to apply for their citizenship through N600K. Only if they are approved, they can apply for US passport.

It's such an interesting topic.  

This is what the Passport application form says. You have to have a claim to US citizenship. I do not know of all the details of this particular case. I do know that sometimes parents will just apply for a passport for their child with the foreign birth certificate and the department of state determines whether they are eligible for a passport or not. 

 

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:

- If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

- If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

[arken 4,197]

20 minutes ago, USC4SPOUSE said:

It's such an interesting topic.  

This is what the Passport application form says. You have to have a claim to US citizenship. I do not know of all the details of this particular case. I do know that sometimes parents will just apply for a passport for their child with the foreign birth certificate and the department of state determines whether they are eligible for a passport or not. 

 

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below:

- If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable.
- If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

- If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

That statement itself is valid but that's only for children born abroad who are or can claim they are citizens at birth.

 

For those children who are born abroad but are not (or cannot claim they are) citizens at birth (because the US citizen parent didn't meet the required physical presence before birth), their parent can apply for their citizenship via N600K if they are not planning to live in the US. N600K is similar to N400 for adults. The child has to go for the interview and take an oath if above 14 in the US to become the US citizen.

Edited July 8, 2021 by arken

[USC4SPOUSE 506]

2 minutes ago, arken said:

That statement itself is valid but that's only for children born abroad who are or can claim they are citizens at birth.

 

For those children who are born abroad but are not (or cannot claim they are) citizens at birth (because the US citizen parent didn't meet the required physical presence before birth), their parent can apply for their citizenship via N600K if they are not planning to live in the US. N600K is similar to N400 for adults. The child has to take an oath in the US to become the US citizen.

Thank you! That was the part that I was missing.  

[OmarStuck 24]

On 7/8/2021 at 11:11 AM, jan22 said:

What i said is correct...and is exactly because of your second sentence, i.e., the intent to return to living abroad or to immigrate to the US.

 

i said if the intent was for the children to live in the US, the N600k was not the right choice.  It is the correct choice for children whose parents do not intend for them to live in the US immediately after obtaining citizenship. If the intent is immigration, it should be done via an I-130.

We are in agreement then.

 

If they do not know how long they will live overseas, it is a much quicker process to do the N600K.

 

If they plan on moving as soon as possible with intent to move to the US, they would have to do the I-130 process.