n-600 while stationed overseas

[R&OC 371]

This forum has been an incredible help for the last five years almost. Thank you so much.

 

My children are now immigrant visa holders, and we are all on my husbands military orders. We would like to apply for their passport but the base isn’t well informed about their right to apply for one given INA 320 paragraph 1431 (a) and (c) which allows for time spend overseas to count as physical presence.

 

Because of that I thought I should begin with applying for their n-600 but I am worried about making a mistake (and having only one shot at it). Will USCIS have any issues with us still residing overseas under my husbands orders? It seems to be in the law but not generally known?

 

Secondly, will I be able to use our CMR address? Or do I need to use a CONUS address/ physical address in the US?

[Mike E 11,739]

3 hours ago, R&OC said:

This forum has been an incredible help for the last five years almost. Thank you so much.

 

My children are now immigrant visa holders, and we are all on my husbands military orders. We would like to apply for their passport but the base isn’t well informed about their right to apply for one given INA 320 paragraph 1431 (a) and (c) which allows for time spend overseas to count as physical presence.

 

Because of that I thought I should begin with applying for their n-600 but I am worried about making a mistake (and having only one shot at it). Will USCIS have any issues with us still residing overseas under my husbands orders? It seems to be in the law but not generally known?

 

Secondly, will I be able to use our CMR address? Or do I need to use a CONUS address/ physical address in the US?

I am confused. In 

you said the kids entered the USA on their immigrant visas.  If so your kids no longer have valid visas.  They are US citizens per your post history. 
 

Anyway the N-600 form allows the  applicant to have a foreign address.  
 

Since it appears you are no longer in the USA, I think your biggest challenge is proving the kids were in your physical custody for second or day or two they were actually in the USA after entering the USA on their immigration visas. Generally they would have been enrolled in school in the USA and you would have school records showing that address and your own records such as a drivers license showing that same address.  

Edited January 1, 2022 by Mike E

[R&OC 371]

12 minutes ago, Mike E said:

I am confused. In 

you said the kids entered the USA on their immigrant visas.  If so your kids no longer have valid visas.  They are US citizens per your post history. 
 

Anyway the N-600 form allows the  applicant to have a foreign address.  
 

Since it appears you are no longer in the USA, I think your biggest challenge is proving the kids were in your physical custody for second or day or two they were actually in the USA after entering the USA on their immigration visas. Generally they would have been enrolled in school in the USA and you would have school records showing that address and your own records such as a drivers license showing that same address.  

Sorry for being so confusing. They got their immigrant visa and we went to the US. We are stationed overseas on military orders, hence we went back. The time overseas on military orders are supposed to qualify for physical presence. 

 

We don’t qualify for the n-600k but should be okay with n-600. I am just concerned about filing and getting things wrong. Which is weird because so far, we filed everything by ourselves and we’re totally fine with the support of this forum.

[Cyberfx1024 7,980]

3 hours ago, R&OC said:

This forum has been an incredible help for the last five years almost. Thank you so much.

 

My children are now immigrant visa holders, and we are all on my husbands military orders. We would like to apply for their passport but the base isn’t well informed about their right to apply for one given INA 320 paragraph 1431 (a) and (c) which allows for time spend overseas to count as physical presence.

 

Because of that I thought I should begin with applying for their n-600 but I am worried about making a mistake (and having only one shot at it). Will USCIS have any issues with us still residing overseas under my husbands orders? It seems to be in the law but not generally known?

 

Secondly, will I be able to use our CMR address? Or do I need to use a CONUS address/ physical address in the US?

I remember your previous posts. But you are correct in that a N-600 should be filed for them. That should have been done when you went to the USA back in November. 

[R&OC 371]

37 minutes ago, Cyberfx1024 said:

I remember your previous posts. But you are correct in that a N-600 should be filed for them. That should have been done when you went to the USA back in November. 

So can I only file for a n-600 when stateside? I had assumed I could equally file from our overseas location (with active military orders).

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Military Immigration-Related Discussion ***

 

[R&OC 371]

I have tried to fill out the form online. And I am beginning to struggle with the form as under INA 320 §1431 (c), I can fill out the form for my children but I am the spouse and the kids are dependents of their military stepdad. The form does not allow for that.

 

It asks for information regarding the US citizens mother or father's military membership. How can I fill out n-600 correctly representing this information? 

 

I see the option of additional information and I also believe that I should not be filling out the online information in order to capture our situation adequately?

[Chancy 6,241]

*** Removed related thread in another sub-forum.  Please post your related questions in this thread to keep the discussion in one place. ***

 

2 hours ago, R&OC said:

Dear all,

 

those of you who are familiar with or who have recently filed the n-600 paperwork, please help me understand:

 

1. The recent form I find is from 2017 but the law has changed significantly since then. How do I capture, that I am the the US citizen (biological) mother and we are all under my husbands orders? 

2. How do I capture that the children are exempt from providing proof of physical presence because of the military orders? It was enacted March 2020 but is currently not represented in the n-600 form? Do I just add it to Part 11 (additional information)?  "The child of a U.S. armed forces member or a U.S. government employee (or his or her spouse) must meet the general requirements under INA 320(a)(1)-(2) in addition to being an LPR residing in the legal and physical custody of his or her U.S. citizen parent. All statutory requirements must be met before the child reaches the age of 18, including, if applicable, the issuance of the official orders for the child (and, if applicable, the U.S. citizen parent) to accompany and reside with the U.S. armed forces member who is stationed outside the United States." 

3. I saw that Fairfax, VI is handling all the military related filings but the n-600 form does not provide me any Section in which I would put down the USCIS field office. (If I recall correctly, previous forms have allowed me to do so). Can I safely assume that USCIS employees will be able to route this filing to Fairfax Field office as long as this is indicated on the cover letter? Having said that I would need to send it to the USCIS Phoenix lockbox.

4. Could we possibly send it to a different field office if we wanted to? I am asking in case my 15 year old son is asked to attend an interview.

5. I intend to choose the paper filing due to the "old version" of the form or can I use the online filing as this is more updated? 

 

I am sorry for asking all this but I am kind of stuck and wanted to file the forms before my leave days are over.

 

[Chancy 6,241]

On 1/1/2022 at 6:53 AM, R&OC said:

My children are now immigrant visa holders, and we are all on my husbands military orders. We would like to apply for their passport but the base isn’t well informed about their right to apply for one given INA 320 paragraph 1431 (a) and (c) which allows for time spend overseas to count as physical presence.

 

Have you applied for your children's US passports but the base personnel refused you?  If so, have you asked for clarification from a US consulate?  The consul officers would likely be familiar with the passport requirements for children applying from abroad, including children who acquired citizenship through INA 320.

 

Are you pursuing N-600 because you want citizenship certificates for your children, in addition to their passports?  Or do you think you need N-600 in order to apply for their passports?  Note that N-600 is optional, not required to get a passport.

 

[R&OC 371]

5 minutes ago, Chancy said:

 

Have you applied for your children's US passports but the base personnel refused you?  If so, have you asked for clarification from a US consulate?  The consul officers would likely be familiar with the passport requirements for children applying from abroad, including children who acquired citizenship through INA 320.

 

Are you pursuing N-600 because you want citizenship certificates for your children, in addition to their passports?  Or do you think you need N-600 in order to apply for their passports?  Note that N-600 is optional, not required to get a passport.

 

I went to our base yesterday and we have a passport appointment in February. We should be okay there.

 

I would like to have a certificate of naturalization for them in addition to their Passports, in part for the German authorities based on their very restrictive immigration law basically not allowing dual citizenship even in derivative citizenship cases after the age of 16. And as passports get renewed and maybe lost (and who knows if I am going to be around forever to provide the missing pieces of their immigration timeline in 30-40 years down the road), I am hoping to have additional evidence that they received the US citizenship before the age of 16.

 

I am not concerned about the passport appointment for now. The base wasn't familiar with the recent changes and asked for a naturalization certificate but the senior manager (?) was indeed familiar with the INA 320 § 1431 (a) and (c).

 

I have tried to fill out a mock-n-600 form today and I have an additional question: As a parent, am I the preparer? Or am I the pro-forma applicant and signing for the applicant? Or do I just fill out the form for my children and have my children (11 and 15 years) sign their own forms?

Edited January 4, 2022 by R&OC

[Chancy 6,241]

7 minutes ago, R&OC said:

I wanted a certificate of naturalization in addition to their Passports, in part for the German authorities based on their immigration law.

 

Thanks for the clarification.  Note that your children will not be getting certificates of naturalization.  Naturalization is only for applicants who are at least 18 years old.  N-600 is application for certificate of citizenship, regardless of how citizenship was acquired.  Your children are the applicants.  Because they are minors, you may sign the form on their behalf, but the entries on the form must be about them.  You may also sign as the form preparer.

 

[R&OC 371]

2 hours ago, Chancy said:

 

Thanks for the clarification.  Note that your children will not be getting certificates of naturalization.  Naturalization is only for applicants who are at least 18 years old.  N-600 is application for certificate of citizenship, regardless of how citizenship was acquired.  Your children are the applicants.  Because they are minors, you may sign the form on their behalf, but the entries on the form must be about them.  You may also sign as the form preparer.

 

Oh sorry, I meant certificate of citizenship, the n600.

[R&OC 371]

Just an update: We filed for the children's n-600 and applied for their passports. Today I received the notification that USCIS produced their GC.