N-600k submission while I-130 for spouse is pending

[Fluffykoala 0]

Hi everyone - hoping to get some advice as I’ve reached out to 3 different lawyers and getting conflicting answers.

 

I am a US citizen by birth and moved to Australia when I was 15. I married an Australian and we just welcomed our first baby.  My baby does not get US citizenship through me as I do not have physical presence (2 years after 14).

In Jan 2024 I filed an I-130 petition for my husband as we wanted to move to the US to be with my family & have a change of lifestyle.  Haven’t heard back from USCIS.  Didn’t plan on getting pregnant but hey life happens. Not sure if we want to move to the US asap anymore but do want the optionality. Ie want to secure citizenship/residency for son and husband.
 

I want to secure my son’s citizenship through n-600k but unsure if I can do this while my husbands petition is pending.  Son is eligible for n-600k through my dads physical presence.
 

Lawyer A - no problems at all to do this.  N-600k secures citizenship for an eligible child and husbands petition is independent of that.  Intent isn’t an issue. N-600k are for children residing abroad. Just prove that the child is returning to Australia (ESTA is enough)

 

Lawyer B - husbands petition will cause problems for sons n-600k as the petition shows intent to immigrate and n-600k is only for children who do not intend to immigrate.  Need to decide if we want to immigrate to US or not. If yes, file a separate I-130 for son. This will likely take a year longer than husbands but you can request son’s to be expedited when husband goes for his interview.  Son becomes automatic citizen on lawful arrival to US under his greencard.

Lawyer C - could cause some complications in the assessment but can be easily clarified through a cover letter in the n-600k application. Ie son is eligible for citizenship and husbands petition is independent.  Husbands greencard could be denied, etc but son is eligible for citizenship so securing it through n-600k.  Son will enter lawfully on ESTA for interview and return to Australia.  
 

Any experience or thoughts on this? I just want to do things right.

In a perfect world I’d like to keep my husbands petition as it’s been 12 months already. In parallel I get my son’s citizenship sorted (4.5 months processing time currently at the office I am selecting).  Once husbands greencard comes through decide if we move to US or not. 

[OldUser 7,030]

5 hours ago, Fluffykoala said:

Once husbands greencard comes through decide if we move to US or not. 

Why even go through this long process (I mean I-130 for husband) if you're unsure whether you're moving to the US? And what happens if you change your mind? Now your husband would have demonstrated immigrant intent and this may negatively affect getting or renewing ESTA or any visa other than CR1 / IR1

 

Edited December 5 by OldUser

[Fluffykoala 0]

2 hours ago, OldUser said:

Why even go through this long process (I mean I-130 for husband) if you're unsure whether you're moving to the US? And what happens if you change your mind? Now your husband would have demonstrated immigrant intent and this may negatively affect getting or renewing ESTA or any visa other than CR1 / IR1

 

Thank you for the reply. When originally submitting the petition we were certain we wanted to move to US.  Are you suggesting that his negatively impacts the chances of my husband getting and ESTA during the processing period and/or my son if an N-600k is submitted?

[Dashinka 24,657]

8 minutes ago, Fluffykoala said:

Thank you for the reply. When originally submitting the petition we were certain we wanted to move to US.  Are you suggesting that his negatively impacts the chances of my husband getting and ESTA during the processing period and/or my son if an N-600k is submitted?

When the I130 is approved by USCIS you can hold it almost indefinitely at the NVC stage (keeps the case from actually reaching the consulate) as long as you log in and access the case at least once a year.  Since you are not exactly sure where you will end up that might be an option for you.  Then as you decide if you wish to move to the US or stay in Australia you can move the case forward or not.  In the mean time you can file the N600K for your child and eventually get them a citizenship certificate and US passport.  The I130 should not impact the N600K as lawyer A is right, they are independent.  Your husband also should not have issues getting ESTA even with the I130 in place, people do this all the time.

 

The only other option would be what lawyer B suggested especially if you decide to immigrate soon.  An I130 for your child might be the best option there and again you can hold your husband's case at NVC to let your child's petition catch up, and then you can deal with your child's citizenship via the N600 after you arrive in the US.

 

Good Luck!

[Fluffykoala 0]

4 hours ago, Dashinka said:

When the I130 is approved by USCIS you can hold it almost indefinitely at the NVC stage (keeps the case from actually reaching the consulate) as long as you log in and access the case at least once a year.  Since you are not exactly sure where you will end up that might be an option for you.  Then as you decide if you wish to move to the US or stay in Australia you can move the case forward or not.  In the mean time you can file the N600K for your child and eventually get them a citizenship certificate and US passport.  The I130 should not impact the N600K as lawyer A is right, they are independent.  Your husband also should not have issues getting ESTA even with the I130 in place, people do this all the time.

 

The only other option would be what lawyer B suggested especially if you decide to immigrate soon.  An I130 for your child might be the best option there and again you can hold your husband's case at NVC to let your child's petition catch up, and then you can deal with your child's citizenship via the N600 after you arrive in the US.

 

Good Luck!

Thank you for making the time to reply! 
Everything I’m reading is in line with lawyer A as well.  Would you suggest a cover letter addressing the pending I-130 petition when I submit the n-600k?