I-130 or N600-K for my daughter?

[kjsmith91 0]

I am a US citizen living in the UK, never lived in the States (British mother and American father divorced when he was based here in the US Air Force after I was born, he went back to America, remarried etc but we have a good relationship). I am married to a UK husband and we have a daughter together. We are planning to move to be with my father in the US for a few years. I know my husband would need an I-130 and a DS-260 to immigrate, but I am unsure what to file for for my daughter? 

 

I was advised by a lawyer to file for an N600-K for her as she can acquire citizenship via her grandfather (my father), but would she also need a DS-260 to immigrate with us? Or is this wrong and should I file for I-130 AND DS-260 for her?

[Timona 4,207]

@Mike E

[Mike E 11,739]

32 minutes ago, kjsmith91 said:

Or is this wrong and should I file for I-130 AND DS-260 for her?

 

33 minutes ago, kjsmith91 said:

know my husband would need an I-130 and a DS-260 to immigrate

Depends on when you plan to start the process for your husband. So when?

 

How old is your daughter?

 

N-600K is a shiny object that rarely makes sense

 

36 minutes ago, kjsmith91 said:

when he was based here in the US Air Force after I was born

How old were you when your father went back to the U.S. ?

[kjsmith91 0]

@Mike EI am new to the forum so don't know how to reply properly but...

 

- We plan to start the process in the fall, around September time.

- my daughter will be 3 in September

- I was 3 months old approximately

[Mike E 11,739]

49 minutes ago, kjsmith91 said:

@Mike EI am new to the forum so don't know how to reply properly but...

 

- We plan to start the process in the fall, around September time.

Here is the problem with your plan.

 

So lets say you filed N-600K today. Odds of the interview being held before you  your husband’s IR-2 interview is scheduled are under 10 percent. But if it happens: great!
 

Otherwise …

 

Once NVC schedules  your husband’s interview you stating an intent to move to the U.S.

 

If the N-600K interview is before your husband’s interview, I would expect the ISO to state the obvious:

 

* N-600K is for “Children who regularly reside outside the United States”   “in the physical custody of the U.S. citizen parent”.

* Your husband and you are planning to move to U.S.

 

* How is your daughter eligible to a certificate of citizenship?

 

If the N-600K interview occurs after your husband’s IR-2 interview then not only will the N-600K be questioned, but the ISO might question if your husband or your made a material misrepresentation on his IR-1 case.

 

New plan:

 

File I-130 for husband and daughter, today. To hedge your bets, file N-600K too.
 

If the N-600K interview is  before both IR-1 and IR-2 (for your daughter) are scheduled, great. You can say because you cannot control when both husband and daughter will get an immigration visa, and because either all three of you move to U.S. at they same time or none move, your

claim that your daughter remains a   child  “who regularly reside outside the United States”   “in the physical custody of the U.S. citizen parent” is valid.

 

After she gets her certificate of citizenship, cancel her I-130, and IR-2 interview. File for her U.S. passport book and  card as urgent travel to rejoin your husband  Because your daughter is a child “who regularly resides outside the United States”   “in the physical custody of the U.S. citizen parent”

 

 

Edited April 13, 2023 by Mike E

[Chancy 6,241]

1 hour ago, kjsmith91 said:

We are planning to move to be with my father in the US for a few years.

 

While it would be legal to file either N-600K or I-130 (or both) for your daughter, the proper path given your family's intention to move to the US is via the I-130+IR2 visa process.  As mentioned above, N-600K is intended for children who regularly reside outside the US.

 

I strongly recommend you file the I-130 petitions for your husband and daughter ASAP.  Don't wait til September as the petition processing could take around 1 year or so.  That estimate does NOT include the visa application time after the petitions have been approved.  If the petitions are approved before you are ready to move to the US, it won't be an issue as you have the option to delay the visa processing steps until you are ready.

 

[Family 3,988]

12 hours ago, Chancy said:

If the petitions are approved before you are ready to move to the US, it won't be an issue as you have the option to delay the visa processing steps until you are ready.

Excellent strategy. File I-130 for both now and rest assured child will become a USC the moment he lands in the US anyway.

[kjsmith91 0]

15 hours ago, Chancy said:

 

While it would be legal to file either N-600K or I-130 (or both) for your daughter, the proper path given your family's intention to move to the US is via the I-130+IR2 visa process.  As mentioned above, N-600K is intended for children who regularly reside outside the US.

 

I strongly recommend you file the I-130 petitions for your husband and daughter ASAP.  Don't wait til September as the petition processing could take around 1 year or so.  That estimate does NOT include the visa application time after the petitions have been approved.  If the petitions are approved before you are ready to move to the US, it won't be an issue as you have the option to delay the visa processing steps until you are ready.

 

We have to save some money first before we can file! But rest assured we will be doing this as soon as we possibly can. Thank you for your help.

16 hours ago, Mike E said:

Here is the problem with your plan.

 

So lets say you filed N-600K today. Odds of the interview being held before you  your husband’s IR-2 interview is scheduled are under 10 percent. But if it happens: great!
 

Otherwise …

 

Once NVC schedules  your husband’s interview you stating an intent to move to the U.S.

 

If the N-600K interview is before your husband’s interview, I would expect the ISO to state the obvious:

 

* N-600K is for “Children who regularly reside outside the United States”   “in the physical custody of the U.S. citizen parent”.

* Your husband and you are planning to move to U.S.

 

* How is your daughter eligible to a certificate of citizenship?

 

If the N-600K interview occurs after your husband’s IR-2 interview then not only will the N-600K be questioned, but the ISO might question if your husband or your made a material misrepresentation on his IR-1 case.

 

New plan:

 

File I-130 for husband and daughter, today. To hedge your bets, file N-600K too.
 

If the N-600K interview is  before both IR-1 and IR-2 (for your daughter) are scheduled, great. You can say because you cannot control when both husband and daughter will get an immigration visa, and because either all three of you move to U.S. at they same time or none move, your

claim that your daughter remains a   child  “who regularly reside outside the United States”   “in the physical custody of the U.S. citizen parent” is valid.

 

After she gets her certificate of citizenship, cancel her I-130, and IR-2 interview. File for her U.S. passport book and  card as urgent travel to rejoin your husband  Because your daughter is a child “who regularly resides outside the United States”   “in the physical custody of the U.S. citizen parent”

 

 

Thank you for your help.

[SteveInBostonI130 3,432]

3 hours ago, kjsmith91 said:

We have to save some money first before we can file! But rest assured we will be doing this as soon as we possibly can.

Thank you for your help.

Thank you for your help.

 

Are you aware of the fees?

 

I-130 currently is $535.  There are proposals to increase this fee sometime this year.

 

For the spousal and child visa process, it starts with the I-130 only (times two - one for each).  Later on there are the NVC fees, but that won't be until the I-130s are approved, which will take a year or so.

[kjsmith91 0]

1 minute ago, SteveInBostonI130 said:

 

Are you aware of the fees?

 

I-130 currently is $535.  There are proposals to increase this fee sometime this year.

 

For the spousal and child visa process, it starts with the I-130 only (times two - one for each).  Later on there are the NVC fees, but that won't be until the I-130s are approved, which will take a year or so.

Yes I am aware of the fees, this is why we can't file right away as we do not have the money yet

[Redro 4,611]

On 4/14/2023 at 7:30 AM, kjsmith91 said:

Yes I am aware of the fees, this is why we can't file right away as we do not have the money yet

Are you aware of the total cost of immigrating to the US? Depending on where you move it could cost between $50k - $100k? 
As you are the primary sponsor, you will have to sponsor your husband and need to be making around $30k a year (in the US)- money earned overseas that won’t continue does not count. You can use assets (triple the amount you need) OR you can use a joint sponsor (maybe your father?) to sponsor your husband. 
The $1000 you need to start the petition is just the beginning of a very expensive journey. And does not seem worth it for “just a few years”…