Bringing my underage child through I-130 or N-600K

[michel007 5]

Hi,

 

I've my son who will be 18 by end of 2023, he is living abroad in Europe with a family member.  Is filing N-600K a valid option and what is the difference in terms of timeline and cost vs. I-130/NVC,...etc

 

My wife/his mum passed away while we were living in Europe and he was 10 years old, we decided to keep him in the same school and continue to live with his Grandma. There is no objection to bring him to live in the US however I'm looking for a shorter and easier path.

 

 

[Mike E 11,739]

4 hours ago, michel007 said:

I've my son who will be 18 by end of 2023, he is living abroad in Europe with a family member.  Is filing N-600K a valid option and what is the difference in terms of timeline and cost vs. I-130/NVC,...etc

I am sorry for your loss.  

I am assuming  you are a U.S. citizen. 
 

N-600K is appropriate when the child is living with the U.S. citizen parent abroad.  You are not.  Also the process must finish before the child reaches age 18. Your son is over the age of 17 and it is unlikely he will complete the process in time. The other requirement is that on the date N-600K is filed, the U.S. parent  (or the U.S. citizen parent of the U.S. citizen) the has been physically present in the U.S. for 1825 days, 730 days of which the U.S. citizen  was over age 14. Aka the 5/2/14 rule. And moreover must have evidence of this physical presence.
 

I-130 is appropriate when the unmarried child plans to move to the USA. If the child is under  the age of 21 when I-130 is filed and the petitioning parent  is a U.S. citizen, the child’s age is “locked in” and so will be considered an immediate relative of the U.S. regardless how long USCIS and the State department takes to finish the process. 
 

If you file I-130 and the child enters on an immigration visa before age 18 and immediately goes to live with you, the child will immediately become a U.S. citizen. The 5/2/14 physical presence rule doesn’t apply. 
 

If I-130 is filed after the child reaches age 21 or if the child marries, it will take 10 years before the child is issued an immigration visa. 

4 hours ago, michel007 said:

I'm looking for a shorter and easier path.

Given how close he is to age 18, you might be able to expedite I-130 and then the IR-2 visa on the basis that he will age out of automatic acquisition of U.S. citizenship.  This is not DIY and you will want a lawyer with that specific experience.  
 

Both the I-130 and N-600K paths to citizenship require evidence of legal custody. This will be presumed because you are the  surviving parent. 
 

I would file I-130 immediately, online. 

Edited March 5, 2023 by Mike E

[Mike E 11,739]

I should add that if you or his mother  were U.S. citizens before he was born, he might already be a U.S. citizen. If you and his mother mother were both U.S. citizens before he was born and you were married to each other he is almost certainly a U.S. citizen.  

[michel007 5]

Thank you!