I-130 or the N-600K? Which one? Filing to bring children and wife to U.S.

[MouadsWife 161]

Ok. My friend is filing to bring his two minor children and wife to United States. His is now a United States Citizen. I keep saying he needs to file the I-130. He is being told to file the N-600K. I STILL say file the I-130. Can someone tell me which form it is that he should file under? Going bonkers. Thanks!

[Boiler 43,438]

Probably the I 130, has he recently naturalised?

[MouadsWife 161]

Yes. He received his citizenship two months ago. I have reviewed both forms and I do not see a major difference. It seems to me the I-130 is the most straight forward.

[newacct 688]

Since you say they are coming to live in the US, I-130 and immigrant visa is the right way.

I-130 and immigrant visa if they plan to *immigrate* to the US (i.e. they will live in the US afterwards). The N-600K process if they plan to continue to reside outside the US afterwards. In the N-600K process, the child has to come to the US using some nonimmigrant visa to attend the oath ceremony, and only then do they get US citizenship. Usually this is done with a B2 visitor visa. But B2 visitor visa (and most other types of nonimmigrant visas) requires that they do not intend to immigrate (i.e. they must plan to return to reside the home country). In this case they do intend to immigrate. Therefore, their B2 visa will be denied and they cannot come to the US to get their citizenship.

Edited July 16, 2015 by newacct

[MouadsWife 161]

Ok, So I read your post 4 times, and what I'm understanding is even if you do the N-600K process, they will not be gauranteed the visa and can be denied. Correct? I am honestly not sure if they plan on staying permanently. I do know his family live in Italy, (he is Moroccan), and his wife comes and goes. But with the I-130 they can stil go back to Italy to visit within guidelines I presume, whatever they are.

So, I-130 is still the best way to go? Two children, one wife, and each will need their own I-130 form and filing fee. Geeze this is worse than filing K1.

[newacct 688]

Ok, So I read your post 4 times, and what I'm understanding is even if you do the N-600K process, they will not be gauranteed the visa and can be denied. Correct?

Yes. They will be denied a B2 visa if it looks like they are relocating to the US.

[MouadsWife 161]

Ok, thank you very much. And if I may, just one more question. It is the I-130 for EACH child and wife? There is not a form that covers the whole family? In other words, one form that covers all three individuals?

[Hypnos 6,576]

They're immediate relative petitions, so one petition per person. Wife and two children = three I-130s.

Edited July 16, 2015 by Hypnos

[aaron2020 11,651]

Hi,

You can not use the N-600k since your children do not have a claim to US citizenship. Although you are a U.S. citizen, your children do not simply acquire US citizenship because you are one. Your children must meet certain requirements under the Child Citizenship Act to acquire US citizenship.

The correct path is the I-130, then an immigration visa, then LPR status, and finally automatic US citizenship under the Child Citizenship Act.

Separate I-130 for each. There is no way to petition them together on one petition.

Best of luck

[newacct 688]

Hi,

You can not use the N-600k since your children do not have a claim to US citizenship. Although you are a U.S. citizen, your children do not simply acquire US citizenship because you are one. Your children must meet certain requirements under the Child Citizenship Act to acquire US citizenship.

The N-600K process is a naturalization process for children of US citizens residing abroad, who are not US citizens, to become US citizens.

[MouadsWife 161]

The N-600K process is a naturalization process for children of US citizens residing abroad, who are not US citizens, to become US citizens.

You just blew my mind with this one. What Aaron2020 said sounded great, then I read your post, and then got scrambled again. lol He recently got his citizenship. so he is a United States citizen, his children residing abroad in Italy and they are not US citizens, and they want to become citizens. So what your saying is the N-600K applies also. I'm sorry if I'm confused.

[newacct 688]

You just blew my mind with this one. What Aaron2020 said sounded great, then I read your post, and then got scrambled again. lol He recently got his citizenship. so he is a United States citizen, his children residing abroad in Italy and they are not US citizens, and they want to become citizens. So what your saying is the N-600K applies also. I'm sorry if I'm confused.

Yes, it's meant for them -- if they are not relocating to the United States.

There is already a process for them to become US citizens if they are moving to the US -- I-130 and immigrant visa, by which they will become permanent residents on entering, and also immediately become citizens because they are living with a US citizen parent in the US.

The N-600K process cannot practically be used by children who are relocating to the US because there is in most cases no nonimmigrant visa that they qualify for to complete the process, since most nonimmigrant visas (except perhaps H-4 or L-2, if they have a parent on H-1b or L-1) require no immigrant intent.

Edited July 17, 2015 by newacct

[MouadsWife 161]

Okay, thanks so much everyone for clarifying my mass confusion!!!

[apple21 953]

Proof of U.S. Citizenship of Qualifying Parent or Grandparent. Examples of this are a U.S. birth certificate; Form N-550, Certificate of Naturalization; Form N-560 Certificate of Citizenship; Form FS-240, Report of Birth Abroad of United States Citizen; or a valid unexpired U.S. passport.

NOTE: A passport must have been issued prior to your birth if it is being provided as proof of U.S. citizenship. You must provide additional documents including birth certificate or naturalization certificate as evidence that your parent was a U.S. citizen at the time of your birth if the passport was issued after your birth.

http://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

[bdawn 66]

The N-600K process is a naturalization process for children of US citizens residing abroad, who are not US citizens, to become US citizens.

Edited July 17, 2015 by bdawn