N-600K Form - five years physically present in the United States ?

[maxy 2]

The child’s U.S. citizen parent has been physically present in the United States for a period or periods totaling at least
five years, at least two of which were after 14 years of age.

Hi, I was a green card holder and became a naturalized us citizen. I was 8 months short of 5 year physically presence in USA, So my child 4 year old CRBA was denied. I am currently not living in USA. I am with my family and children. My wife's I-130 is in processing status. So, we all are planning to come to USA. once the child has come to USA with immigrant visa I can file N-600K or I just have to wait 8 months to complete my 5 years in USA and then file N-600K? 

[Mike E 11,739]

6 minutes ago, maxy said:

once the child has come to USA with immigrant visa I can file N-600K

no

6 minutes ago, maxy said:

or I just have to wait 8 months to complete my 5 years in USA and then file N-600K? 

No.

 

N-600K is for people who do not live in the U.S.  

 

Because you are a U.S. citizen, the moment your child enters the US (while under age 18) on the IR-2 visa, the child will be a U.S. citizen, assuming the child lives with you.

 

If so, and if you can prove it, then you file for U.S. passports for your child. After at least  passport is received, you file N-600 (not N-600K).

 

If you plan to file for U.S. passports for your child then do not pay this fee:  https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee

 

If you do not think you will have the time to get the passports the  do pay this fee.

 

[maxy 2]

 Thank you for the reply. 

I am a US citizen. As soon as I got my citizenship I moved to another country and its been about 10 years now I was out of USA. My physical presence in USA was 8 months short for CRBA. 

 

Now my me and my family planning to go back to USA and settle there again. So once we go there I can file N-600 ? 

 

How do I apply IR-2 visa ? 

[Lil bear 4,181]

12 minutes ago, maxy said:

 Thank you for the reply. 

I am a US citizen. As soon as I got my citizenship I moved to another country and its been about 10 years now I was out of USA. My physical presence in USA was 8 months short for CRBA. 

 

Now my me and my family planning to go back to USA and settle there again. So once we go there I can file N-600 ? 

 

How do I apply IR-2 visa ? 

 Start by filing an I130 for each of your children who are not US citizens already and who are wanting to immigrate.. 

[maxy 2]

Yes I have separate i-130's pending for wife and children. 

[Mike E 11,739]

21 minutes ago, maxy said:

How do I apply IR-2 visa ? 

Looks like you started the process:

2 minutes ago, maxy said:

Yes I have separate i-130's pending for wife and children. 

 

21 minutes ago, maxy said:

So once we go there I can file N-600 ? 

You can, but it is a bad idea to do so before they each get at least one U.S. passport.

 

How old is the oldest child?

[maxy 2]

Elder is 4 years old Younger is 2 years old. 

[Mike E 11,739]

6 minutes ago, maxy said:

Elder is 4 years old Younger is 2 years old. 

Cool. No danger of them aging out U.S. citizenship

[maxy 2]

good to hear. I am planning sponsor my Wife and two children. Sponsor's Household Size going to be 4 right? 

poverty guideline for 4 member family is $37500

So I have to show 37500x 5 ?  or 37500 x 3? 

[Mike E 11,739]

1 hour ago, maxy said:

good to hear. I am planning sponsor my Wife and two children. Sponsor's Household Size going to be 4 right? 

poverty guideline for 4 member family is $37500

So I have to show 37500x 5 ?  or 37500 x 3? 

You will file I-864 for your wife, showing a household size of 4.

 

For each child you will file I-864W. W stands for waiver. Waiver because they will instantly become U.S. citizens, and once an immigrant becomes a U.S. citizen, I-864 is void.

[JeanneAdil 6,489]

Income needs to be US income

and u need to have filed US tax returns for years outside the US

[maxy 2]

hi, I am unbale to show income as I was in out of USA for more than 10 years and so far?.

 

1. I have filled US tax returns for each and every year coz I have a small online business that is registered in USA. There is few business transactions happening on it . However I have mentioned zero income for each year after calculation of the profit and loss. I guess i cant use those income? So I have to go with assets.?

 

2. So for a household size of 4 I still have to show assets of 37500 x 3  or since I can file a Waiver for children I-864W is it going to be reduced ? 

 

4. When I should file  I-864W for children ?

Edited July 4, 2023 by maxy

[Mike E 11,739]

1. Does it generate 37500 in income? 
 

2. 38500 * 3

 

4. during NVC phase.

[M+K IL 102]

14 hours ago, maxy said:

hi, I am unbale to show income as I was in out of USA for more than 10 years and so far?.

 

1. I have filled US tax returns for each and every year coz I have a small online business that is registered in USA. There is few business transactions happening on it . However I have mentioned zero income for each year after calculation of the profit and loss. I guess i cant use those income? So I have to go with assets.?

You have to go with assets, yes. Also - slightly related - you also report your foreign income to the IRS, right, even though they might be excluded from paying tax?

 

https://www.irs.gov/newsroom/reporting-foreign-income-and-filing-a-tax-return-when-living-abroad

[garebear397 68]

14 hours ago, maxy said:

hi, I am unbale to show income as I was in out of USA for more than 10 years and so far?.

 

1. I have filled US tax returns for each and every year coz I have a small online business that is registered in USA. There is few business transactions happening on it . However I have mentioned zero income for each year after calculation of the profit and loss. I guess i cant use those income? So I have to go with assets.?

 

There are more experts here, but if you are reporting 0 profit then I believe that won't count as income -- because basically the idea is if all your revenue is being eaten up by business expenses you wouldn't have money left to support your spouse.  

 

Do you have someone that can co-sponsor the I-864 for you? Relative, friend etc. The I-864 can be tricky if you live outside the US and don't have enough assets saved up. You basically either need to get a co-sponsor (which is what we are doing) or move to the US before your family to get a job. 

Edited July 4, 2023 by garebear397