bringing kids - spouse N-400 submission

[Rio-N-Don 3]

Hello All,

I have a complex problem and I am trying to figure out the best way to deal with it.

 

Background: 

My wife have been married for almost 3 years (6/28).

My wife's green card expires (CIR-1) on (6/1).

I'm in the process of applying for her I-751.

She has two children, my step children, who still live in their home country. Ages 13 and 10.

We didn't apply to bring them here initially because my wife wants to complete her nursing program first before she brought them here. This has taken more time than I originally expected due to her needing to go back and pass the GED and take ESL classes even though she is a Philippine college graduate and she is pretty fluent in English.

Due to negligence at the Philippine consulate in Qatar, we ended up needing to use her maiden name ( passport ) on the visa.

This passport expires in 2/2022. not close but not far way either.

 

 

Dilemma:

Money: As we all know these fees are quite burdensome and most of us look for any way we can to trim or combine things if possible.

Time: Stepson's clock is ticking down. I want him to be able to attend US high school so he isn't hamstrung against joining the military like he wants to do.

Stress: my wife is too worried about trying to juggle the kids, homemaker, studying and even some part time work, etc. 

Phil Passport - Green Card, SS number, in maiden name:

 

Issue: 

I had hoped that once my wife obtained her USC after we file for her N-400 in July that we would be able to show her USC status to the embassy and obtain passports and citizenship for the kids while in their home country. After reading up on the N-600 page, the kids must be LPR's here in the US already to qualify.

 

So now it comes down to how to optimize the filing process.

 

Though process plan: 

We initially file for her I-751 and get that started.

If we file for the kids I-130's before we file for her N-400 in June we can legally add the kids names to the N-400 form since it will not be processed in a year, before the kids arrive.

From past experience bringing over step-kids, I have found their I-130's to be extremely fast tracked ( USCIS ~ 2months) and they were here within 6 months. Start to finish. 

This method saves us from having to file for the kids on the N-600. I am not sure on the cost for this form,  I couldn't find a fee schedule on the form for it.

 

Second idea:

File the I-751 as normal.

File the N-400 in July.

Sometime after July but before she gets her citizenship apply for the kids I-130's.

Most likely we won't be able to amend the N-400 to add the kids in time for a single process

Most likely we will need to submit N-600 requests for the kids once both are present and wife is a USC.

 

 

Q1: Any legal experts on this board that can tell me what we can and can't legally do in reference to adding the kids on her N-400 if they are not already in the USA.

Q2: Would this cause the package to be denied if they weren't present and only she was? even if the kids were in the USCIS process stream, but not finished?

Q3: Since they are too young to be required to take the oath of citizenship, I am wondering as long as they are in the process and unlikely to be denied due to their legitimate minor status, if this would be alright.

Q4: any better solutions?

 

Thanks for reading this book and commenting.

Don

 

[Ryan H 3,790]

~~~Duplicate thread removed; please do not post identical threads across the forums.~~~

[geowrian 22,335]

1 hour ago, Rio-N-Don said:

Issue: 

I had hoped that once my wife obtained her USC after we file for her N-400 in July that we would be able to show her USC status to the embassy and obtain passports and citizenship for the kids while in their home country. After reading up on the N-600 page, the kids must be LPR's here in the US already to qualify.

Correct. An N-600 is only to get a naturalization certificate for a USC (not to obtain citizenship). They are not USCs, so they don't qualify for one.

 

Quote

Though process plan: 

We initially file for her I-751 and get that started.

If we file for the kids I-130's before we file for her N-400 in June we can legally add the kids names to the N-400 form since it will not be processed in a year, before the kids arrive.

From past experience bringing over step-kids, I have found their I-130's to be extremely fast tracked ( USCIS ~ 2months) and they were here within 6 months. Start to finish. 

This method saves us from having to file for the kids on the N-600. I am not sure on the cost for this form,  I couldn't find a fee schedule on the form for it.

They need to be listed on the N-400 either way.

 

She can file the I-130s now.

If they enter on the immigrant visas while under 18 and she is a USC, then they will become USCs upon entry. They can then apply for US passports as evidence of this. N-600s are optional.

If they enter on the immigrant visa while under 18 but she is not a USC yet, they will be LPRs. If she becomes a US before they turn 18, they will become USCs at that time. Again, N-600s are optional.

 

FYI 1: The timeline for a CR-2/IR-2 visa is essentially the same as a CR-1/IR-1 visa. There is no default basis to fast-track just because they are children. Expect 12-16 months on average from petition filing to visa, assuming no major issues. Those are current processing timelines, which obviously can change.

 

FYI 2: If she files now, they would fall under F2A. When she naturalizes, the petitions can be upgraded to IR-2. Expect 18-24 months for F2A from petition to visa interview. ROC is taking a similar timeline in many cases now (and the I-751 must be approved before the N-400 can be approved), so she may not naturalize before they even get the visa. Impossible to say.

 

Quote

Second idea:

File the I-751 as normal.

File the N-400 in July.

Sometime after July but before she gets her citizenship apply for the kids I-130's.

Most likely we won't be able to amend the N-400 to add the kids in time for a single process

Most likely we will need to submit N-600 requests for the kids once both are present and wife is a USC.

No. See above. You're misunderstanding what the N-600 is, and neglecting that the children can derive citizenship from her (once they enter on the immigrant visas) even if they are not in the US at the time she naturalizes.

 

Quote

Q1: Any legal experts on this board that can tell me what we can and can't legally do in reference to adding the kids on her N-400 if they are not already in the USA.

No legal advice here.

 

Quote

Q2: Would this cause the package to be denied if they weren't present and only she was? even if the kids were in the USCIS process stream, but not finished?

No.

Quote

Q3: Since they are too young to be required to take the oath of citizenship, I am wondering as long as they are in the process and unlikely to be denied due to their legitimate minor status, if this would be alright.

Unrelated. They will derive citizenship from her as long as they enter on an immigrant visa or are already an LPR, and under age 18, by or after the time she naturalizes.

Quote

Q4: any better solutions?

1) Why don't you just file for them as a step-parent? There no reason she needs to file for them. She can....either alone or alongside you, but it would be fastest for you to do so now.

 

2) Do they already have permission from the other parent to immigrate? If not, start working on that ASAP.

Edited February 17, 2020 by geowrian