Adjustment of Status from K3/K4 Abandoned

[Gigli2008 70]

Hi all,

I'm a USC who married and brought a husband and his two sons via K3/K4 visas with a view to adjusting status once they came to the US. Husband moved out with his sons even before 6 months were over and while their 2year K3/K4 visas were still valid. Their visas expired in January 2011 and we never filed for Adjustment of Status. Since I did not know his whereabouts, I divorced him in April, 2011.

Now I am in the process of filing for my natural born son who now needs to join me. Not that it's important, but we wanted my son to finish high-school there as he was going to a really good school. Anyway, I've decided to cut short of that plan and have him finish high-school here in the US, so I have filed for him an I-130 petition. I guess we will do the N-600 when he comes to the US OR should I have filed an N-600. I was confused as to which was best or applicable.

My question is, since USCIS have record of an I-130 petition that did not progress to an LPR, will that affect my son's petition (even though my income is sufficient)? I understand that by Immigration Law, I am still financially responsible for the now ex-husband and his two sons should they incur any public expenses.

My other question is, what should I anticipate will happen for my sons petition.

Thanks,

[VanessaTony 3,567]

just a quick qn, did you have to do an I-864 for your K3? I know some consulates only need the I-134 so just curious.

On the N600 vs I-130 front I would think you only need an N-600 but hopefully someone with more experience in these matters can help you. Hopefully this is at least a bump for you.

[Gigli2008 70]

just a quick qn, did you have to do an I-864 for your K3? I know some consulates only need the I-134 so just curious.

On the N600 vs I-130 front I would think you only need an N-600 but hopefully someone with more experience in these matters can help you. Hopefully this is at least a bump for you.

I included the I-864 even though it was not requested. I was not asked for I-134 at consulate level. If you can, just give it, if they don't need it they can disregard it. And if they do need it, you will have saved yourself some time.

Thanks for your reply. This site used to be very energetic with tons of responses. But oh well!!

[CC90 90]

If I'm understanding what you're saying, the I-130 is moot. He's not an alien.

Edited August 25, 2011 by CC90

[CC90 90]

The I-130 will be denied because he's a US citizen and not an alien.

The absolute fastest way is to appear with him in person at the consulate closest to his place of birth and get a Consular Report of Birth Abroad. The individual consulate may have age limits, but some will give a report for a minor under 18 regardless of age. If he's over 18, he'll file the N-600 himself. Check with the consulate on this.

Your previous petition will have no effect on this process; he's your blood son and a US citizen. No review of your financials will be made.

Edited August 25, 2011 by CC90

[Gigli2008 70]

The I-130 will be denied because he's a US citizen and not an alien.

The absolute fastest way is to appear with him in person at the consulate closest to his place of birth and get a Consular Report of Birth Abroad. The individual consulate may have age limits, but some will give a report for a minor under 18 regardless of age. If he's over 18, he'll file the N-600 himself. Check with the consulate on this.

Your previous petition will have no effect on this process; he's your blood son and a US citizen. No review of your financials will be made.

Clarification. My natural born son was born abroad. I am a naturalized USC. So I have to file an I-130 in order to bring my son here. The way I understand it, I can file an N-600 for him if he and I live together for 6 months or more. But he has to get here on a visa or petition first before he can qualify for citizenship under me.

[CC90 90]

Clarification. My natural born son was born abroad. I am a naturalized USC. So I have to file an I-130 in order to bring my son here. The way I understand it, I can file an N-600 for him if he and I live together for 6 months or more. But he has to get here on a visa or petition first before he can qualify for citizenship under me.

Ah, you didn't tell us that you were naturalized; very important detail.

Where was he when you naturalized?

[Gigli2008 70]

Ah, you didn't tell us that you were naturalized; very important detail.

Where was he when you naturalized?

He lives abroad and has not been in the US.

[CC90 90]

He lives abroad and has not been in the US.

Right, but that doesn't answer my question. What were the cirucmstances surrounding your naturalization? Was he born?

[Harpa Timsah 13,258]

It doesn't matter if he was born or not when the OP naturalized. The child must be in the US on an immigrant visa to naturalize through his parents. The OP is doing the right thing; there is no derivative citizenship if the kid has not been in the US.

[CC90 90]

It doesn't matter if he was born or not when the OP naturalized. The child must be in the US on an immigrant visa to naturalize through his parents. The OP is doing the right thing; there is no derivative citizenship if the kid has not been in the US.

If the child was born after the parent naturalized, it isn't derivitive naturalization. He would be a natural born citizen. See 8 U.S.C. 1401.

Edited August 26, 2011 by CC90

[Harpa Timsah 13,258]

No, the parent must have been a citizen and resided in the US for a period of 5 years after citizenship (and over the age of 14) to pass citizenship to children. I don't see why a parent would be pregnant as a USC and then go to foreign country to give birth and then file for a visa years later. She is doing the right process - the child is not a citizen.

Edited August 26, 2011 by Harpa Timsah

[CC90 90]

No, the parent must have been a citizen and resided in the US for a period of 5 years after citizenship (and over the age of 14) to pass citizenship to children. I don't see why a parent would be pregnant as a USC and then go to foreign country to give birth and then file for a visa years later. She is doing the right process - the child is not a citizen.

This could be true, but we're unsure whether the child was born in or out of wedlock (the rules are different) and we are also unsure if she gave birth to him outside the US after she was naturalized. Why are you dismissing this as a possibility?

It's unlikely the child is a citizen, but we're unsure of the facts.

[Harpa Timsah 13,258]

She said the child has never been in the US.

[CC90 90]

She said the child has never been in the US.

My point that if the child was born outside the US after she naturalized, depending on the facts, that child may be a US citizen regardless if he has been to the US or not.