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NicoleAhmed

n600 or IR-2?

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

hi ya'll

I'm trying to figure out if we should be filing a n600 or IR-2 for our kids?

Issues at hand are ...

We are living abroad but intend to move back to the States (the exact time is still unknown) but would like to visit the States in the Winter or Spring.

I am the USC mother and my kids were born abroad in wedlock.

For my first kid I was present in the US about a year before his birth but not for my youngest child.

We would like to file the n600 since it's essentially cheaper than the IR2 visa and we wouldn't have go through the visa process with it. But just not sure we qualify ... or should risk filing it anyway if the chances are we get denied.

Any ideas what we should file?

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

And I just found this

"If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485. "

So does this mean if my children enter the US legally as tourists I can file for them an Adjust Status? Or is that not correct?

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: Other Country: Canada
Timeline

And I just found this

So does this mean if my children enter the US legally as tourists I can file for them an Adjust Status? Or is that not correct?

No you cannot. Why didn't you file a CRBA? Edited by Transborderwife
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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

I didn't file the CRBA before since we were having financial problems and it wasn't a piority at the time. So now I'm trying to figure out if we should file the CRBA n600 or do IR2? Any ideas?

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: Citizen (apr) Country: Canada
Timeline

Do your children have claims to US citizenship? Do you qualify to pass derivative status on to them?

no child will be issued a visa if they have claims to US citizenship

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline
When a child is born overseas to a U.S. citizen parent or parents, the citizen parent(s) may be able to transmit U.S. citizenship to that child at birth. For children born in wedlock to two U.S. citizen parents, the parents only need to provide proof that at least one parent resided in the U.S. prior to the birth. If only one parent is a U.S. citizen, the citizen parent must show that s/he resided in the U.S. for five years (two after the age of 14) prior to the birth of the child. For children born out of wedlock, or prior to November 1986, please see Acquisition of U.S. Citizenship by a Child Born Abroad.

This wording here on the gov site I'm not understanding completely. When it talks about physical presence 5 years pior to birth ... Does that mean the parent (me) needed to have lived in the US 5 yrs consective yearrs exactly before the child was born OR does it mean the parents needed to have lived at time before the child was born 5 yrs in the US?

Example ... I moved abroad in 2006 and my son was born in 2008 and my daughter in 2012. Before 2006 I lived in the US for 23 years. Does the 23 years I lived in the US qualify me? Or does the 2 year gap between me moving and my son being born disqualify?

Thanks! I'm so confused about this process :P

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

Do your children have claims to US citizenship? Do you qualify to pass derivative status on to them?

no child will be issued a visa if they have claims to US citizenship

good luck

Thank you for replying ... but honestly Candian Wife I have NO IDEA if my kids have claim or not. I wrote my situation above ... Can you tell me if they have claim? Ugh sorry I'm just so confused. I wrote the embassy and they really didn't give me much of an answer at all.

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: Citizen (apr) Country: Canada
Timeline

A lot has to do with you and your residency in the US.

Read this link, do they qualify for citizenship through you?

http://www.uscis.gov/us-citizenship/citizenship-through-parents

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: F-2A Visa Country: Philippines
Timeline

This wording here on the gov site I'm not understanding completely. When it talks about physical presence 5 years pior to birth ... Does that mean the parent (me) needed to have lived in the US 5 yrs consective yearrs exactly before the child was born OR does it mean the parents needed to have lived at time before the child was born 5 yrs in the US?

Example ... I moved abroad in 2006 and my son was born in 2008 and my daughter in 2012. Before 2006 I lived in the US for 23 years. Does the 23 years I lived in the US qualify me? Or does the 2 year gap between me moving and my son being born disqualify?

Thanks! I'm so confused about this process :P

You are qualified to file for CRBA. Application for the kids' US passports can be done same time as CRBA.

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

Thanks very much. Just reading these websites, I get confused. Reading once, all seems pretty straightforward then rereading I understand something slightly differently UGH


LOL Ok sorry just one last question ... WHAT ARE THE FEES? On VJ I've read $800, a lawyer I spoke with said $600 yet on the local embassy it says $100 so which is it?

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: F-2A Visa Country: Philippines
Timeline

Always refer to the official US Embassy website.

http://tunisia.usembassy.gov/birthabroad.html

According there its $100 for the CRBA and $105 for the US passport. So x2 for your kids.

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Filed: F-2A Visa Country: Philippines
Timeline

Wait... Were you born a US citizen? Just checking if you meet the residency requirement.

For children born to one U.S. citizen and one foreign national, the U.S. citizen parent will need to show five years of physical presence in the U.S., two of which must be after the age of 14. Examples of items that show physical presence are school transcripts, income tax returns with Form W-2, Social Security earnings history, pay receipts, passport entry/exit stamps in current and previous passports, etc.

Edited by apple21
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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

I'm naturalized citizen. I entered the US at age 3 (in 1983), was legal resident all during that time and got my citizenship in 2004, then I moved abroad when in 2006. And I had my son in 2008 and daughter in 2012. Both born in wedlock. So basically I lived in the US for 23 years but was only a citizen for 2 years before moving abroad.

Edited by NicoleAhmed

**USC Filing Abroad**

Married: Sept 5, 2004

? I -130 sent

? NOA1
? NOA2

Still working on our file ...

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Filed: K-1 Visa Country: Philippines
Timeline

I'm naturalized citizen. I entered the US at age 3 (in 1983), was legal resident all during that time and got my citizenship in 2004, then I moved abroad when in 2006. And I had my son in 2008 and daughter in 2012. Both born in wedlock. So basically I lived in the US for 23 years but was only a citizen for 2 years before moving abroad.

You're good.

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