manyfudge

I would never lie to the embassy. They still have to issue you the B visa for the oath ceremony. I would simply keep it short and sweet. If they ask (never answer an unasked question), say - i want to keep options open for my children to move in the future if I am not able to move.

It is up to uscis and then the embassy as to whether they issue the certificate of citizenship and then B visa. ” FAM 402.2-4(B)(7) (U) Children Seeking Expeditious Naturalization under INA 322 (CT:VISA-1826; 09-06-2023) a. (U) Naturalization under INA 322 is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child must be under the age of 18 when INA 322 requirements are met. The child's intended naturalization, however, does not exempt the child from INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, if the parents do not intend to resume residing in the United States, whereas a child whose parents habitually reside in the United States will not.” If they have determined that you live abroad and qualify, I don’t know what the mechanism would be to deprive your children of citizenship. The good thing is your son just turned 17. Apply now to Holtsville field office. That is a 1.5 hours on train and 5 minutes Uber from jfk airport. They say on the website that processing is 6.5 months. Perfect. That takes you to Christmas holidays. Get your certs, go back to Germany. Return after 2025 school year. If this fails, you will find out soon enough to start i130. I would still try DCF with job offer from your cousin. Your son is under 21, so no quota.

I don’t think OP is being contradictory if she goes back to germany after the oath ceremony, and prepares to move here. What is the N600k for if the kids never want to live in the U.S.? I would characterize N600k for children who don’t want to move on that trip but may move soon or any time that without having the parent sponsor them.

I would do this. Long Island, NY is at 6.5 months and Helena, MT at 4. https://egov.uscis.gov/processing-times/ Get this done. Go back home and wrap things up.

Are you here?

If 601(a) approved, he still has to go back for consular interview. The waiver means he is not banned from returning.

If they are divorcing for the sake of a faster petition, that is fraud and will cost her her GC if found out. If she is really single, marriage to USC is the fastest.

He has no status to adjust from in the US - 22, son of LPR. If he cannot live independently, maybe best for your aunt to become a USC, if not one already and return to the Philippines with him. Ask for the i130 to be forwarded to the national visa center for processing. Then wait 10 years. His brother should also file for him if he hasn’t already. The petition became current a long time ago but he never had status to adjust. and still doesn’t. The best thing to do would probably have been to have your aunt naturalize in 2012-13, leave with him and have serve his ban.

One huge issue here - there is no forgiveness for overstay of children over 21 of USC and no forgiveness at all for children of GC holders. 1) how old was he when petitioned? Your dates make no sense - she got a priority date before she filed. 2) how old was he when she became a U.S. citizen? Brace yourself for bad news. It is almost certain that his overstay is not forgiven and he cannot adjust from his status. How did your aunt get her GC? I have a feeling that someone gave her bad legal advice. Sounds like he overstayed and is now an adult child.

Do your kids have US passports? Do that first.

Get the kid his CoC. Keep the 10 year GC safe and get a passport card.

@uspehWhat status does she have in the US that enables her to work? There is no forgiveness of overstay or unauthorized work for siblings of US citizens. Is she a U visa claimant? Asylum claimant? TPS?

@AnnaMBoros, I'm just going to assume the child is not related to you or your husband. How old is this child? This applies to trying to bring an adopted child over - assuming you are NOT considered habitually resident in the U.S. That's another can of worms. https://www.uscis.gov/family/bring-children-to-live-in-the-US "An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information."

“Claiming asylum” is not the same as being as being a resident for FAFSA. You do not qualify. Look for merit aid or community colleges or top schools where FA is met regardless as to immigration status. You are an international student, except for maybe your state school (depends on state). You are not a resident for FAFSA purposes unless your asylum claim has been approved.

Your issue is going to be the adoption. Your child will have to live in your custody ABROAD for 2 years before they can immigrate.

Does not matter so much - priority date was not current for much of that time. If an interview gets scheduled, daughter should go.

Worse. She aged out even sooner. She can wait for the interview and see what happens.

I was hoping that you had not left it until the month before she turned 21. If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024. Sorry to be the bearer of bad news.

@NJCube, you told me your husband applied July 2020. July is not June 1. Now we have to calculate her CSPA age to make sure she did not age out. I sure hope her bday is not in June or July! What was her age in years + months + days on Feb 1, 2024?

You said in your 1st post that your husband applied JULY, which is not June 1. Now you have to give me her age on Feb 1, 2024 to calculate if she aged out.

Correct. I think by the time his older daughter gets her interview, she will be almost done college.

@NJCube, this explains it well and even if you live a good circuit, i would not rely on that. Husband must stay PR. ”The problem arises when on the date the petition is approved or the priority date becomes current the child has turned 21 but is still under 21 using the adjusted age and the petitioner then naturalizes. Does the child: (a) convert to the immediate relative category by using his or her adjusted age; (b) get to opt out of automatic conversion to F-1 and remain in the F-2A category, or (c) convert to the F-1 category? The answer is either (a) or (c) depending on where the petitioner naturalized.” https://www.cliniclegal.org/resources/family-based-immigration-law/beware-dangers-naturalization-child-beneficiaries

Just so you understand the issue thoroughly - in some states, she does not get the benefit of her original priority date once he naturalizes. And even if you live in a state where she would be ok, it is one court case away from not ok. She gets to deduct almost 3 years from her actual day on the 1st of the month when her priority date becomes current.

Did no lawyer advise you that you could file? @NJCube, your previous post says that you have a 17 year old stepdaughter. She will turn 21 soon. You should file for her asap.

@appleblossom explained it. Just as there is no visa quota and no priority date for spouses of US citizens, there is none for minor stepchildren of US citizens. There is nothing to do now but wait. At that point, she will likely have less than a year left. Your husband must not naturalize.