Child of a US Citizen (per naturalization after child was born)

[JF-JR 1]

Hello, 

Looking for best path to get US citizenship for my son 13 yo that never left Philippines, leaving with grandma since birth.

 

I am a US citizen by naturalization and yes leaving on US for more than 5 years and yes after 16yo

 

I understand that we have 2 options: Adding my questions per option

 

1. Form I130 - I understand that will result on a IR2 visa to enter USA

Can we file for US Citizenship right after arrival? Or the green-card process is required and if so, does my son needs to wait 5 years of residence before became eligible for Citizenship?

2. Form N600K - From the Philippines (coning here just for the interview)

My husband is about to retired and he wants to move to the Philippines, is there any requirements regarding how long I will be residing on the Philippines to qualify for this form?

 

Also, what is the quickest and most cost effective path?

 

Thanks
JF

 

[nastra30 2,464]

Was son born before or after you naturalized?

[JF-JR 1]

14 hours ago, nastra30 said:

Was son born before or after you naturalized?

@nastra30 Yes, born before naturalization.  

[nastra30 2,464]

23 minutes ago, JF-JR said:

@nastra30 Yes, born before naturalization.  

How long were you living in the US before your son was born?

 

And bear with me I am asking these questions because your son could potentially already be a USC.

Edited March 4 by nastra30

[JF-JR 1]

2 minutes ago, nastra30 said:

How long were you living in the US before your son was born?

Moved to USA (K1) when he was about 5 yo, and became US citizen when he was about 8 yo.

[nastra30 2,464]

1 minute ago, JF-JR said:

Moved to USA (K1) when he was about 5 yo, and became US citizen when he was about 8 yo.

I am confused. I thought you are a she. Aren't you the one trying to get your son US citizensship?

[nastra30 2,464]

Let's start over.

Who is trying to get US citizenship for the boy?

Was the person a USC before the boy was born?

How long was this person staying in the US before the boy was born?

[JF-JR 1]

Who is trying to get US citizenship for the boy?

 - Me, the mother, who enter USA as K1 and now USC for more than 5 years

 

Was the person a USC before the boy was born?

 - No, I became USC when my son was already 8 yo

 

How long was this person staying in the US before the boy was born?

 - Did not came to USA until my son was 5 yo

 

He, my son, lives with my mom since he was born and now he is almost 14 yo

 

Sorry about the confusion.

[Dashinka 25,021]

5 minutes ago, JF-JR said:

Who is trying to get US citizenship for the boy?

 - Me, the mother, who enter USA as K1 and now USC for more than 5 years

 

Was the person a USC before the boy was born?

 - No, I became USC when my son was already 8 yo

 

How long was this person staying in the US before the boy was born?

 - Did not came to USA until my son was 5 yo

 

He, my son, lives with my mom since he was born and now he is almost 14 yo

 

Sorry about the confusion.

N600K does not apply as your son is not in your physical custody.  I am not sure about automatic acquisition of USC after the IR2 process.  I think this is the case if the child is under 18 or 21 after they enter the US with their IR2, but others may know better.

[JF-JR 1]

 

2 minutes ago, Dashinka said:

N600K does not apply as your son is not in your physical custody.  I am not sure about automatic acquisition of USC after the IR2 process.  I think this is the case if the child is under 18 or 21 after they enter the US with their IR2, but others may know better.

 

Thank you for your reply, I understand that N600K does not apply to my son 'today', but My husband is about to retire and we will move The Philippines, in which case my son will be living with us, I am afraid that by following the I130 / IR2 path will result in a green-card that needs to wait 5 years before become eligible for USC, that would hold us for 6 or more years living in the USA.

 

[Moda25 63]

@JF-JR Your child should be eligible for citizenship immediately after he enters the US and obtains his green card. Just make sure to file N-600 so he doesn’t struggle to prove his citizenship in the future.

[JF-JR 1]

11 minutes ago, Moda25 said:

@JF-JR Your child should be eligible for citizenship immediately after he enters the US and obtains his green card. Just make sure to file N-600 so he doesn’t struggle to prove his citizenship in the future.

The question is, does he needs a green-card? or can we file N-600 and get a US passport upon arrival with IR2 visa. We are trying to avoid the 5 year of green-card requirement before apply for US citizenship.

[OldUser 8,176]

18 minutes ago, Moda25 said:

@JF-JR Your child should be eligible for citizenship immediately after he enters the US and obtains his green card. Just make sure to file N-600 so he doesn’t struggle to prove his citizenship in the future.

Couldn't agree more with this:

 

"Just make sure to file N-600 so he doesn’t struggle to prove his citizenship in the future."

 

 

[Moda25 63]

@JF-JR Once you file the IR2 and he enters the US, he becomes a permanent resident. As to paying the fee to the acquire a green card, I’m not too sure about it. Even if he requires a green card, that shouldn’t take more than 90 days to receive. You can get him a passport but the risk is that, if in the future, you are not around, he may have problems renewing the passport because he wouldn’t have anything to prove his citizenship.

Edited March 4 by Moda25

[top_secret 2,576]

33 minutes ago, JF-JR said:

The question is, does he needs a green-card? or can we file N-600 and get a US passport upon arrival with IR2 visa. We are trying to avoid the 5 year of green-card requirement before apply for US citizenship.

 

 

An endorsed IR-2 visa IS a temporary green card as soon as he enters the US with it.  No need to wait for the actual card. File for his US passport with that, plus his birth certificate proving you have legal custody and evidence he is living with you in the US.