Two petitions for I-130 from same online account- different process centers?

[Inita 44]

A quick heads up: we had contacted the FRA embassy to inquire about the N600K and they said the kid isn't eligible and we have to follow the i130 route for IR2. so far no updates on his petition. My i130 was approved yesterday but his seems to be stuck

[pushbrk 13,884]

Just now, Inita said:

A quick heads up: we had contacted the FRA embassy to inquire about the N600K and they said the kid isn't eligible and we have to follow the i130 route for IR2. so far no updates on his petition. My i130 was approved yesterday but his seems to be stuck

It's possible USCIS may make a different determination than the Consulate in Paris.  This is a USCIS decision, not a consulate decision.  N600k is filed with USCIS, NOT Dept. of State.

[Inita 44]

2 minutes ago, pushbrk said:

It's possible USCIS may make a different determination than the Consulate in Paris.  This is a USCIS decision, not a consulate decision.  N600k is filed with USCIS, NOT Dept. of State.

Any idea on how long that might take? It's in expeditious processing since December but other than that we do not get any update from USCIS. They (different tier2 officers) are not being very helpful unfortunately...

[pushbrk 13,884]

Just now, Inita said:

Any idea on how long that might take? It's in expeditious processing since December but other than that we do not get any update from USCIS. They (different tier2 officers) are not being very helpful unfortunately...

Sometimes you just have to ask the right question.  Sometimes the real answer is not available without the officer doing some digging.  Hard to tell why you aren't getting the "help" you need.

 

From your description of the circumstances N600k is the correct path.  You've read those instructions carefully already, right?

[Inita 44]

1 hour ago, pushbrk said:

Sometimes you just have to ask the right question.  Sometimes the real answer is not available without the officer doing some digging.  Hard to tell why you aren't getting the "help" you need.

 

From your description of the circumstances N600k is the correct path.  You've read those instructions carefully already, right?

We have read the instructions but are somehow not convinced that it is applicable to us. The kid has not been in the legal custody of my husband before the legitimized adoption last September. Although we were living together since 2016 it hadn't been legally registered or anything like that. In the tip sheet on the USCIS site for the N600k it says under eligibility:

1) have at least one parent that is US citizen-> my husband IS US citizen by birth BUT only the kids adoptive father... we were told that german adoption isn't recognized by the US

2) child must be under 18 years of age. -> the kid is 14 so that criteria is met

3) be residing outside of the US in the legal and physical custody of the US parent -> (again, only adoptive father...) criteria is met at the moment but my husband is moving to the US in two weeks to start his new job there

4) child must be temporarily present in the US -> does this mean he would need to travel to the US on a tourist visa (ESTA) i.e. together with me as soon as I'll have my Green card? And THEN FROM INSIDE THE US immediately apply for the N600K ?

5. Child must have a US citizen parent that has been physically present in the US for no less than 5 years. -> this applies for my husband, but AGAIN: not the kids biological father but only adoptive father. 

 

We found this very confusing...

 

Further down on that same site there's also a table that states three different scenarios, all of them pretty much stating that my husband may NOT file.

 

We have read them together as I'm not a native speaker but even my husband does not really understand if the requirements actually are met or not...

 

Do you think the NBC in Missouri does just not work on the kids i130 petition because they believe that he is eligible for the N600K but they just don't tell us about it? 

 

We are not sure what the right questions might be to ask the tier2 officers. We just feel that they've been brushing us off whenever we spoke to them

.. 

 

Thanks for your help and input, we really appreciate it!!

Edited February 9, 2020 by Inita

[pushbrk 13,884]

4 hours ago, Inita said:

We have read the instructions but are somehow not convinced that it is applicable to us. The kid has not been in the legal custody of my husband before the legitimized adoption last September. Although we were living together since 2016 it hadn't been legally registered or anything like that. In the tip sheet on the USCIS site for the N600k it says under eligibility:

1) have at least one parent that is US citizen-> my husband IS US citizen by birth BUT only the kids adoptive father... we were told that german adoption isn't recognized by the US

2) child must be under 18 years of age. -> the kid is 14 so that criteria is met

3) be residing outside of the US in the legal and physical custody of the US parent -> (again, only adoptive father...) criteria is met at the moment but my husband is moving to the US in two weeks to start his new job there

4) child must be temporarily present in the US -> does this mean he would need to travel to the US on a tourist visa (ESTA) i.e. together with me as soon as I'll have my Green card? And THEN FROM INSIDE THE US immediately apply for the N600K ?

5. Child must have a US citizen parent that has been physically present in the US for no less than 5 years. -> this applies for my husband, but AGAIN: not the kids biological father but only adoptive father. 

 

We found this very confusing...

 

Further down on that same site there's also a table that states three different scenarios, all of them pretty much stating that my husband may NOT file.

 

We have read them together as I'm not a native speaker but even my husband does not really understand if the requirements actually are met or not...

 

Do you think the NBC in Missouri does just not work on the kids i130 petition because they believe that he is eligible for the N600K but they just don't tell us about it? 

 

We are not sure what the right questions might be to ask the tier2 officers. We just feel that they've been brushing us off whenever we spoke to them

.. 

 

Thanks for your help and input, we really appreciate it!!

Please cite "the site" and the source of "we were told".

[Inita 44]

37 minutes ago, pushbrk said:

Please cite "the site" and the source of "we were told".

Sorry, the 'site' I'm talking about is the USCIS website with information on the N600K . And the source that told us that the German adoption didn't count in terms of the kid being seen as the child of my husband were the two (probably useless) lawyers we had contacted in that regard and the German visa help centre at the Frankfurt embassy. They had told us, the only option we had was filing an i130 for an IR2 visa.

Edited February 9, 2020 by Inita

[Inita 44]

On 2/9/2020 at 8:10 AM, pushbrk said:

Sometimes you just have to ask the right question.  Sometimes the real answer is not available without the officer doing some digging.  Hard to tell why you aren't getting the "help" you need.

 

From your description of the circumstances N600k is the correct path.  You've read those instructions carefully already, right?

Hello, I am sorry for bothering again on this one but we are still not clear on the possibility of N600K...

 

When we read the 

'Definition of an adopted child ' it says:

Definition of Adopted Child

An adopted child for U.S. immigration purposes is one who satisfies all of the following requirements:

• The child was legally adopted under the age of 16 years.
• The child has been in the legal custody of the adoptive parents for at least two years; and
• The child has resided in the physical custody of the adoptive parents for at least two years.

It is important to understand that you do not have legal custody of your child until you resume responsibility under the laws of the state and under the approval of a court of law or other appropriate government entity. This is true even if the child was residing with you before legal custody was granted.

...

Then it says:

Citizenship Through I.N.A. Section 322

If you do not live in the United States but you want your adopted child to have U.S. citizenship, you can submit an application to have your child naturalized. This application is filed on Form N-600K Application for Citizenship and Issuance of Certificate Under Section 322.

Know that this application will require you to travel to the United States with your child for an interview at a USCIS office before a final decision can be issued.

Before you file the N-600K Application for Citizenship, you will need to satisfy two sets of regulatory criteria. The first is that the child must satisfy the definition of an adopted child as set forth by the I.N.A. See “Definition of Adopted Child,” above.

The second set of criteria is set forth in Section 322 of the I.N.A., all requirements of which must be satisfied before you can submit the N-600K Application for Citizenship. These are that:

• At least one parent is a U.S. citizen.
• The U.S. citizen parent has been physically present in the United States or its outlying possessions for at least five years, at least two of which were after the age of 14. (If the parent can not satisfy this requirement, the child is still eligible for naturalization if he or she has a U.S. citizen grandparent who can satisfy this requirement.)
• The adopted child is under 18 years of age.
• The adopted child is residing in the legal and physical custody of the U.S. citizen parent, and
• The adopted child is temporarily present in the United States at the time of the interview pursuant to a lawful admission.

The parent and child can ordinarily be lawfully admitted as tourists if the only purpose of the trip is to participate in the interview.

 

Since the second part is referring back to the 'definition of an adopted child ' above, we think N600K won't be an option for us. 

The adoption was finalized last September and even though we have been living all together since June of 2016, we never went to a court or similar to have a legal custody document filed...

So, we do not have a proof of my husband's legal custody over the child for the necessary 2 years. We never needed that so never even thought about it...

Again, sorry if I am bothering but we feel so lost as still no news from NBC about the kids case despite several confirmations by tier2 officers at USCIS that they have escalated his case.

Kind regards, ina

[pushbrk 13,884]

I guess you'll just have to wait and see.  Have you specifically asked why the two cases have been separated.  Have you made a specific request to join them?

[Inita 44]

9 hours ago, pushbrk said:

I guess you'll just have to wait and see.  Have you specifically asked why the two cases have been separated.  Have you made a specific request to join them?

Yes we have. Tier2 officers said that's normal procedure and they told us several times that they had requested for the cases to be linked together but it never happened. NBC just doesn't react to anything we/ tier2 officers do ...