US citizen living abroad with common law spouse and child--what's best route?

[HRQX 4,145]

5 hours ago, Nitas_man said:

To follow up:  the USC’s biggest hurdle here is overcoming the support affidavit’s requirements 

Note that for the N-600K path there isn't an affidavit of support requirement. The N-600K is submitted while abroad. When the N-600K interview is scheduled at a Field Office inside the US, they'll be notified. The child then enters the US with the B-2 status for Canadian visitors. INA 322 naturalization is allowed on that status per 9 FAM 402.2-4(B)(7): "Naturalization under INA 322 is a permissible activity in B-2 status." "The child must be under the age of 18 at the time 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, provided that 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."

Edited January 9, 2020 by HRQX

[Nitas_man 3,100]

6 hours ago, Bill & Katya said:

I agree with that with respect to the future husband, but if she can take the N600K route for the child then that could remove a big headache.

Same income either way.

 

OP’s original question “can my son get a passport the way I did” was the reason for “no” on the answer.  Either way (immigrate/apply) or (apply/immigrate) involves a lot more hurdles/processing than a simple CRBA/passport application.

[Nitas_man 3,100]

44 minutes ago, HRQX said:

Note that for the N-600K path there isn't an affidavit of support requirement. The N-600K is submitted while abroad. When the N-600K interview is scheduled at a Field Office inside the US, they'll be notified. The child then enters the US with the B-2 status for Canadian visitors. INA 322 naturalization is allowed on that status per 9 FAM 402.2-4(B)(7): "Naturalization under INA 322 is a permissible activity in B-2 status." "The child must be under the age of 18 at the time 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, provided that 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."

I hope you are not suggesting that the income requirement (household size 3/2 immigrants) or (household size 3/1 immigrant) is any different or suggesting that processing a citizenship application from out of the country somehow eliminates the I-864

 

[HRQX 4,145]

2 minutes ago, Nitas_man said:

I hope you are not suggesting that the income requirement (household size 3/2 immigrants) or (household size 3/1 immigrant) is any different or suggesting that processing a citizenship application from out of the country somehow eliminates the I-864

I wasn't suggesting anything regarding the I-864 for the IR-1. I was stating the fact that I-864 is never submitted for N-600K naturalization application.

[Nitas_man 3,100]

4 hours ago, NikLR said:

 It really depends on how easy it is to get that information about the parents

I had a hard enough time getting information about me and I never left the country between 1974 and 2007 nor even had a passport between 1979 and 2006.  Even 5 years of college transcripts and at least 4 years of tax/addressed W2’s didn’t satisfy them - it took the 1974 passport / 2006 passport and a visit with the “guy from the back” to finally get approved.

I’m lucky I had that old passport because I would have had a hard time getting anything else from the US while I was outside the country.

[Nitas_man 3,100]

3 minutes ago, HRQX said:

I wasn't suggesting anything regarding the I-864 for the IR-1. I was stating the fact that I-864 is never submitted for N-600K naturalization application.

The burden of written and documented proof of physical presence in order to get the citizenship application approved is difficult to meet.  
Much more so than the support affidavit.

 

Edited January 9, 2020 by Nitas_man

[HRQX 4,145]

1 minute ago, Nitas_man said:

The burden of written and documented proof of physical presence is difficult to meet 

No one stated otherwise. Just that N-600K is an option.

[musicfan24 2]

46 minutes ago, Nitas_man said:

The burden of written and documented proof of physical presence in order to get the citizenship application approved is difficult to meet.  
Much more so than the support affidavit.

 

Thank you for all your responses. I do have physical proof of my father living there and exactly the 5 years because it was a headache and they were not satisfied with the transcripts from his high school so then I had to get Air Force records. So all those documents from my dad used for me would essentially be used for my son as well.

 

From the sounds of it I-130 seems like a better way then we can apply for citizenship for my son through me once I have been there the 5 years. 

[Orangesapples 1,954]

15 minutes ago, musicfan24 said:

Thank you for all your responses. I do have physical proof of my father living there and exactly the 5 years because it was a headache and they were not satisfied with the transcripts from his high school so then I had to get Air Force records. So all those documents from my dad used for me would essentially be used for my son as well.

 

From the sounds of it I-130 seems like a better way then we can apply for citizenship for my son through me once I have been there the 5 years. 

As far as I know, if your son has a green card and enters the US with you as his citizen parent, he can get citizenship immediately. Someone else might be able to give more details. 

 

I'm not sure if getting him a green card first is better though, you might want to consider costs as well. 

[HRQX 4,145]

19 minutes ago, musicfan24 said:

then we can apply for citizenship for my son through me once I have been there the 5 years. 

There isn't a need for you to be in the US for 5 years. The INA 320 requirements are:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

See "Automatic Citizenship through the Child Citizenship Act of 2000 (CCA)" section of the following post for an example:

 

19 minutes ago, musicfan24 said:

Thank you for all your responses. I do have physical proof of my father living there and exactly the 5 years because it was a headache and they were not satisfied with the transcripts from his high school so then I had to get Air Force records. So all those documents from my dad used for me would essentially be used for my son as well.

 

From the sounds of it I-130 seems like a better way

Comparing the IR-2 process (I-130 timeline, NVC step, wait for interview in Montreal, etc.) to the N-600K process seems like N-600K is faster. After the N-600K interview and expeditious naturalization, odds are your husband's I-130 will still be pending. For your husband's IR-1, the I-864 will be submitted in the NVC step, after I-130 approval.

Edited January 9, 2020 by HRQX

[ice-qube 648]

10 minutes ago, HRQX said:

There isn't a need for you to be in the US for 5 years. The INA 320 requirements are:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

See "Automatic Citizenship through the Child Citizenship Act of 2000 (CCA)" section of the following post for an example:

 

Comparing the IR-2 process (I-130 timeline, NVC step, wait for interview in Montreal, etc.) to the N-600K process seems like N-600K is faster. After the N-600K interview and expeditious naturalization, odds are your husband's I-130 will still be pending. For your husband's IR-1, the I-864 will be submitted in the NVC step, after I-130 approval.

But if she is sitting in Canada waiting for N-600K process (because she has to be abroad for that particular thing), she delays being able to move to US and start things going on the ground and getting her husband to be’s green card process going. So really that makes it *longer*

[HRQX 4,145]

5 minutes ago, ice-qube said:

But if she is sitting in Canada waiting for N-600K process (because she has to be abroad for that particular thing), she delays being able to move to US and start things going on the ground and getting her husband to be’s green card process going. So really that makes it *longer*

She can file the I-130 for her husband now. The I-864, where US domicile comes up, is required later at the NVC step (after I-130 approval).

Edited January 9, 2020 by HRQX

[Nitas_man 3,100]

32 minutes ago, musicfan24 said:

Thank you for all your responses. I do have physical proof of my father living there and exactly the 5 years because it was a headache and they were not satisfied with the transcripts from his high school so then I had to get Air Force records. So all those documents from my dad used for me would essentially be used for my son as well.

 

From the sounds of it I-130 seems like a better way then we can apply for citizenship for my son through me once I have been there the 5 years. 

Those 5 years (and proof of grandparents presence) are skipped under the petition/immigrant visa path.

 

[ice-qube 648]

1 minute ago, HRQX said:

She can file the I-130 now. The I-864, where US domicile comes up, is required later at the NVC step (after I-130 approval).

Yes but she has no US address and has never lived there

[ice-qube 648]

3 minutes ago, HRQX said:

She can file the I-130 now. The I-864, where US domicile comes up, is required later at the NVC step (after I-130 approval).

On the I-130, they literally ask for a US petitioner’s address and the address where the beneficiary plans to live.