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

[nastra30 2,464]

@JF-JRThanks for clarifying. As others have pointed out, your son doesn't qualify for N600K. The only path is to petition him using I-130. Once he gets his immigrant visa and enters the US he automatically acquires USC under your care. You wouldn't even have to pay for the physical GC fee. All you'll need to do is apply for his US passport. Once he receives his passport, apply for his N600 certificate of citizenship. Goodluck.

[JF-JR 1]

Thank you so much for taking the time to clarify my questions. The information I received here was much more accurate and helpful than what I got from the USCIS chat agent, which only caused confusion.

 

Here’s how I currently understand my options:

1. Wait to move to the Philippines (since my husband is retiring in 2 years) and file for the N-600K from there. Once the interview appointment is scheduled, I’d request a visa and bring my son to the USA for the interview. After approval, I can apply for his passport and Social Security number.

2. File the I-130 as soon as possible, then travel to the Philippines for the interview at the US Embassy. If the IR-2 visa is approved, I can bring my son to the USA. After arrival, I can apply for his US passport. While not required, I could also file for a Green Card and the N-600 as additional proof of citizenship.

For everyone's reference, the USCIS chat agent confirmed that filing the I-130 would result in a Green Card, and that I would have to wait 5 years with the Green Card before becoming eligible for US citizenship.

 

Thanks

JF

 

 

 

 

[Dashinka 25,021]

21 hours 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.

You can do the N600 at your leisure, but apply for the US passport ASAP after he gets the IR2.  Too bad your USC spouse did not file for your son years ago.

 

Good Luck!

[nastra30 2,464]

1 hour ago, JF-JR said:

Here’s how I currently understand my options:

1. Wait to move to the Philippines (since my husband is retiring in 2 years) and file for the N-600K from there. Once the interview appointment is scheduled, I’d request a visa and bring my son to the USA for the interview. After approval, I can apply for his passport and Social Security number.

2. File the I-130 as soon as possible, then travel to the Philippines for the interview at the US Embassy. If the IR-2 visa is approved, I can bring my son to the USA. After arrival, I can apply for his US passport. While not required, I could also file for a Green Card and the N-600 as additional proof of citizenship.

For everyone's reference, the USCIS chat agent confirmed that filing the I-130 would result in a Green Card, and that I would have to wait 5 years with the Green Card before becoming eligible for US citizenship.

 

Thanks

JF

 

 

 

 

 

 

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Edited March 5 by nastra30

[nastra30 2,464]

1 hour ago, JF-JR said:

 

Here’s how I currently understand my options:

1. Wait to move to the Philippines (since my husband is retiring in 2 years) and file for the N-600K from there. Once the interview appointment is scheduled, I’d request a visa and bring my son to the USA for the interview. After approval, I can apply for his passport and Social Security number.

2. File the I-130 as soon as possible, then travel to the Philippines for the interview at the US Embassy. If the IR-2 visa is approved, I can bring my son to the USA. After arrival, I can apply for his US passport. While not required, I could also file for a Green Card and the N-600 as additional proof of citizenship.

For everyone's reference, the USCIS chat agent confirmed that filing the I-130 would result in a Green Card, and that I would have to wait 5 years with the Green Card before becoming eligible for US citizenship. - Not correct. Filing I130 will result in LPR status. You can skip the physical GC in the case of your son. And definitely no need to wait 5 years; by law he automatically acquires citizenship in your care.

 

And yes, those are your options. Though IMO I think you shouldn't wait 2+ years just to pursue Option 1 with N-600K. I believe N600K does not freeze the beneficiary's age so it's possible he can age out before the it's adjudicated, even if it's timely filed.

 

Go with option 2 and file the I-130, which freezes age until 21. Depending on the circumstance, you could also have both in the pipeline when you relocate to Philippines.

 

[OldUser 8,180]

2 hours ago, JF-JR said:

For everyone's reference, the USCIS chat agent confirmed that filing the I-130 would result in a Green Card, and that I would have to wait 5 years with the Green Card before becoming eligible for US citizenship.

 

Thanks

JF

Do not rely on any advise by agent. They're low wage workers who do not know the law. VJ is typically more accurate. You can also consult with an immigration lawyer who should reaffirm it.