AOS for minor child already living in the US

[Bree-momo 22]

Hello everyone, please I need help and information on what forms to file for AOS for my 8yrs old daughter already living here in the States. I recently became a US citizen. And I will want to petition for my biological daughter who lives with me. Looking forward to reading your helpful hints. Thanks

[Mike E 11,739]

Did she enter the USA legally?

[Bree-momo 22]

5 minutes ago, Mike E said:

Did she enter the USA legally?

Yes, she came into the state with a visitor's visa in 2016 with her mother

[Mike E 11,739]

7 minutes ago, Bree-momo said:

Yes, she came into the state with a visitor's visa in 2016 with her mother

Cool.  

https://www.visajourney.com/guides/us-immigration-for-children/

 

https://www.visajourney.com/guides/us-immigration-guide-for-children/

Don’t lose your naturalization certificate 

 

Assuming you have legal and physical custody of her, she will be a U.S. citizen as soon as she is approved for her green card.  
 

Once you get her green card you can file for her passport and passport card.  Again. Don’t lose your naturalization certificate.  
 

Once she has her passport and passport card file N-600 to get her certificate of citizenship.  Finally don’t lose your naturalization certificate.  

Edited December 7, 2021 by Mike E

[Mike E 11,739]

Additional tips:

 

* You will need your marriage certificate to prove she is your child.  If you were not married it gets complicated

 

* she will need her birth certificate. Your name  needs to be on  the birth certificate. It needs to match your name on your naturalization certificate or your birth certificate 

 

* proof of legal custody: simplest is a marriage certificate if not divorced.  
 

* proof of physical custody: school records showing she lives at the address you live and tax records showing you live at the address she lives at 

[Bree-momo 22]

2 minutes ago, Mike E said:

Additional tips:

 

* You will need your marriage certificate to prove she is your child.  If you were not married it gets complicated

 

* she will need her birth certificate. Your name  needs to be on  the birth certificate. It needs to match your name on your naturalization certificate or your birth certificate 

 

* proof of legal custody: simplest is a marriage certificate if not divorced.  
 

* proof of physical custody: school records showing she lives at the address you live and tax records showing you live at the address she lives at 

Thanks. I really appreciate this. So what are the forms needed to file? I know I will have to submit i-130, i-485, is there any other forms?

[Mike E 11,739]

Just now, Bree-momo said:

Thanks. I really appreciate this. So what are the forms needed to file? I know I will have to submit i-130, i-485, is there any other forms?

The forms  are in the links. 

[Bree-momo 22]

1 minute ago, Mike E said:

The forms  are in the links. 

OK, thanks once again!

 

[Mike E 11,739]

1 minute ago, Bree-momo said:

OK, thanks once again!

 

https://www.visajourney.com/guides/us-immigration-guide-for-children/

“Filing for Your Relative Who Lives in the United States”

[Dashinka 24,514]

1 hour ago, Mike E said:

Cool.  

https://www.visajourney.com/guides/us-immigration-for-children/

 

https://www.visajourney.com/guides/us-immigration-guide-for-children/

Don’t lose your naturalization certificate 

 

Assuming you have legal and physical custody of her, she will be a U.S. citizen as soon as she is approved for her green card.  
 

Once you get her green card you can file for her passport and passport card.  Again. Don’t lose your naturalization certificate.  
 

Once she has her passport and passport card file N-600 to get her certificate of citizenship.  Finally don’t lose your naturalization certificate.  

Is there really a need to file the N600, can't they just apply for the US Passport?

[Mike E 11,739]

19 minutes ago, Dashinka said:

Is there really a need to file the N600, can't they just apply for the US Passport?

Filing N-600 as an adult is difficult because the trail of evidence that proves physical and even legal custody gets cold.  Even proving that the applicant had parent who was a U.S. citizen can be difficult. This gets even harder after the parent passes away.  Note that I advised OP three times to not lose the naturalization certificate.  They get lost a lot because the owners get told erroneously that they won’t need them again after they get a passport. 
 

A certificate of citizenship is required for at least four reasons:

 

1. A security clearance with the federal government 

 

2. Military service. It turns out that people who were citizens of some specific countries cannot be members of the armed forces.  The CoC indicates the former nationality. 
 

3. Register to vote.  To register to vote, someone who naturalizes or acquires citizenship through naturalization of a parent needs a certificate number to register to vote online in Tennessee. 
 

4. Petitioning an family member to immigrate to the USA. Some COs / IOs insist.   
 

Every month or so I see sad cases of one of above where the citizen does not have a CoC, NC, or CRBA, due to parental inaction. 
 

Most tragic  to me are those who cannot join the CIA or other critical agency because their parents didn’t do what was needed to provide their children their own primary proof of their own  citizenship and it is now too late to use the evidence used for the child’s first passport.  

Edited December 7, 2021 by Mike E

[Demise 1,289]

3 hours ago, Bree-momo said:

Thanks. I really appreciate this. So what are the forms needed to file? I know I will have to submit i-130, i-485, is there any other forms?

I-130, I-485, I-765, I-131, I-693 (has to be signed and sealed by a certified civil surgeon), and I-864W (since she will become a US Citizen upon approval of her I-485). I-765 and I-131 are optional but they're free if filed with I-485 or while I-485 is pending.

 

After I-485 is approved you'll need to get proof that she's a US Citizen which you can either do by applying for a US passport for her or filing N-600 with USCIS for a certificate of citizenship.

 

1 hour ago, Mike E said:

Most tragic  to me are those who cannot join the CIA or other critical agency because their parents didn’t do what was needed to provide their children their own primary proof of their own  citizenship and it is now too late to use the evidence used for the child’s first passport.  

There really isn't a deadline to file N-600. Back when I worked in the field we've done it for a woman born abroad to a USC sometime in the 60s, we had to do a bunch of federal and state FOIAs to gather up enough evidence to prove that her late father met the requirements to confer citizenship upon her. Her CoC listed her date of birth as the day she became a US citizen.

Only thing you can miss out on getting is a consular report of birth abroad since that can only be applied for while you're under 18, but you can still get a US passport, come to US, and file N-600.

[Mike E 11,739]

20 minutes ago, Demise said:

There really isn't a deadline to file N-600.

I never said otherwise.  
 

20 minutes ago, Demise said:

Back when I worked in the field we've done it for a woman born abroad to a USC sometime in the 60s, we had to do a bunch of federal and state FOIAs to gather up enough evidence to prove that her late father met the requirements to confer citizenship upon her.

If you think this contradicts my point you are incorrect.  

20 minutes ago, Demise said:

Her CoC listed her date of birth as the day she became a US citizen.

It would appear the USA government is as adept at producing fraudulent documents as that of an underdeveloped country.  This is why we can’t have nice things. 
 

20 minutes ago, Demise said:

Only thing you can miss out on getting is a consular report of birth abroad since that can only be applied for while you're under 18, but you can still get a US passport, come to US, and file N-600.

With a fake date of birth. 

[Demise 1,289]

3 minutes ago, Mike E said:

I never said otherwise.  
 

If you think this contradicts my point you are incorrect.  

It would appear the USA government is as adept at producing fraudulent documents as that of an underdeveloped country.  This is why we can’t have nice things. 
 

With a fake date of birth. 

I am only attacking the part of "too late to use the evidence used for the child’s first passport" since there are ways to get copies of evidence, I am not looking to contradict you otherwise.

 

Also, I am not sure where the accusations of fraud and fake DOB stem from. I was definitely a bit skeptical when I was a translator for the client, her birth certificate and passport looked legit, and the various FOIAs did return documents regarding her father.

[Mike E 11,739]

24 minutes ago, Demise said:

I am only attacking the part of "too late to use the evidence used for the child’s first passport" since there are ways to get copies of evidence, I am not looking to contradict you otherwise.

 

Also, I am not sure where the accusations of fraud and fake DOB stem from. I was definitely a bit skeptical when I was a translator for the client, her birth certificate and passport looked legit, and the various FOIAs did return documents regarding her father.

Clearly it is easier  to unearth old vaccination records, school records, bank records, tax records, etc from decades ago versus using those request before they are old and hard to fine.  
 

 So I withdraw my advice.  
 

over and out.