N-600k Filing //Documentation of physical presence

[R&OC 349]

We decided to go the n-600k route for my children. And I am very grateful for the support I have received from you all. I have two questions:

 

1) As I am currently documenting every stay in the US, I am running into problems: For instance, I was an Au-Pair in the 1990s and have the Visa, stamps - but I don’t know the exact date I returned to Germany. Also, I have a postgraduate degree from the US and spent two years in Boston. Again, I can see the arrival dates but not the departure ones. How would I document a relative accurate number of days in the US? And would the n-600k filing get rejected if I am not too accurate on the departure dates? I am currently being very conservative and decided to opt for earlier departure dates as to avoid overstating days.

 

As of today I am approximately 300 days above what I would need to comply to the 5 year physical presence: Do all the days as a visitor, student, LPR count towards the 5 year presence?

 

Thank you for all your help!

[jan22 2,898]

29 minutes ago, R&OC said:

We decided to go the n-600k route for my children. And I am very grateful for the support I have received from you all. I have two questions:

 

1) As I am currently documenting every stay in the US, I am running into problems: For instance, I was an Au-Pair in the 1990s and have the Visa, stamps - but I don’t know the exact date I returned to Germany. Also, I have a postgraduate degree from the US and spent two years in Boston. Again, I can see the arrival dates but not the departure ones. How would I document a relative accurate number of days in the US? And would the n-600k filing get rejected if I am not too accurate on the departure dates? I am currently being very conservative and decided to opt for earlier departure dates as to avoid overstating days.

 

As of today I am approximately 300 days above what I would need to comply to the 5 year physical presence: Do all the days as a visitor, student, LPR count towards the 5 year presence?

 

Thank you for all your help!

Yes, it is exactly what it says it is. It is a "physical presence" requirement -- every second, minute, hour, day, week, etc., counts. Of course, it is hard enough to document days of physical presence, let alone fractions of a day, but any time that you are physically present in the United States counts.

 

Just to clarify something -- i assume your children are not living in the US right now and do not intend to live in the US in the near future, right?  If those two assumptions are not correct, the n600k route is not the correct path.  If they are planning to live in the US immediately after documenting their US citizenship, you would need to file the I-130; they would become US citizens immediately upon being admitted to the the US on an immigrant visa if they are with their US citizen biological parent and intend to reside in the US.

Edited May 4, 2021 by jan22

[Pinkrlion 2,607]

All periods of residence or physical presence must have taken place prior to the birth of the child. Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized.

[Chancy 6,233]

21 minutes ago, R&OC said:

How would I document a relative accurate number of days in the US?

 

Aside from passport stamps, your online I-94 travel history might have some records.  Supposedly, it would only show visitor records from the past 5 years, but check it out anyway -- https://i94.cbp.dhs.gov/I94/#/history-search

 

Your US school transcripts are good evidence and would probably show exact dates.

 

[arken 4,197]

You try your best to get the actual dates but best guessed dates are fine as well. 
 

 

[R&OC 349]

15 minutes ago, Pinkrlion said:

All periods of residence or physical presence must have taken place prior to the birth of the child. Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized.

I believe that isn’t correct. The physical presence was stated by the the US consulate be accumulated by the time of filing. But I’ll double check!

[R&OC 349]

17 minutes ago, Pinkrlion said:

All periods of residence or physical presence must have taken place prior to the birth of the child. Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized.

I think I misunderstood your comment. As I am naturalized the five year presence has been met. I am just nervous as I don’t want the n-600k to get rejected.

[Chancy 6,233]

16 minutes ago, Pinkrlion said:

All periods of residence or physical presence must have taken place prior to the birth of the child.

 

That is not the requirement for N-600K.

 

For N-600K, the qualifying parent must document physical presence in the US from birth until filing N-600K -- https://www.uscis.gov/sites/default/files/document/forms/n-600kinstr.pdf

 

[R&OC 349]

32 minutes ago, jan22 said:

Yes, it is exactly what it says it is. It is a "physical presence" requirement -- every second, minute, hour, day, week, etc., counts. Of course, it is hard enough to document days of physical presence, let alone fractions of a day, but any time that you are physically present in the United States counts.

 

Just to clarify something -- i assume your children are not living in the US right now and do not intend to live in the US in the near future, right?  If those two assumptions are not correct, the n600k route is not the correct path.  If they are planning to live in the US immediately after documenting their US citizenship, you would need to file the I-130; they would become US citizens immediately upon being admitted to the the US on an immigrant visa if they are with their US citizen biological parent and intend to reside in the US.

Yes, the kids are currently residing with us outside the US and given the current changes my ex-husband goes through (yes, no, maybe), we have decided to wait until the kids are 18. I am pretty sure they will follow us but we are taking the burden of „having to make a decision“ off their shoulders. I have a wonderful job here that supports our family. But we will see what the future holds. Our heart is in the US but I see how much it stresses the kids to make that decision now. We will have to carefully navigate the blended family life but the n-600k route would take a lot of pressure off our family as I am still hoping and dreaming that the kids (then young adults) will come with us when we return.

Edited May 4, 2021 by R&OC

[jan22 2,898]

25 minutes ago, Pinkrlion said:

All periods of residence or physical presence must have taken place prior to the birth of the child. Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized.

The "prior to the birth of the child" requirement is for a Consular Report of Birth Abroad application and applies to children whose US citizen parent transmitted US citizenship to the child at birth. It does not apply for children who acquire their of US citizenship under the Child Citizenship Act of 2000 (i.e., through immigrating as an IR2 visa holder or through the n600k process).

[Ontarkie 13,916]

~~Moved to US Citizenship General Discussion, from IR1/CCR1 P&P~~

[OmarStuck 24]

On 5/4/2021 at 6:12 PM, jan22 said:

Yes, it is exactly what it says it is. It is a "physical presence" requirement -- every second, minute, hour, day, week, etc., counts. Of course, it is hard enough to document days of physical presence, let alone fractions of a day, but any time that you are physically present in the United States counts.

 

Just to clarify something -- i assume your children are not living in the US right now and do not intend to live in the US in the near future, right?  If those two assumptions are not correct, the n600k route is not the correct path.  If they are planning to live in the US immediately after documenting their US citizenship, you would need to file the I-130; they would become US citizens immediately upon being admitted to the the US on an immigrant visa if they are with their US citizen biological parent and intend to reside in the US.

This is not correct.

 

The N600K is primarily for those that are living abroad with their children.

[jan22 2,898]

3 hours ago, OmarStuck said:

This is not correct.

 

The N600K is primarily for those that are living abroad with their children.

What i said is correct...and is exactly because of your second sentence, i.e., the intent to return to living abroad or to immigrate to the US.

 

i said if the intent was for the children to live in the US, the N600k was not the right choice.  It is the correct choice for children whose parents do not intend for them to live in the US immediately after obtaining citizenship. If the intent is immigration, it should be done via an I-130.

Edited July 8, 2021 by jan22

[USC4SPOUSE 506]

@R&OC what if you just apply for a US passport for your children? https://www.quora.com/Can-a-child-get-a-US-passport-without-a-CRBA?share=1

[arken 4,197]

4 hours ago, USC4SPOUSE said:

@R&OC what if you just apply for a US passport for your children? https://www.quora.com/Can-a-child-get-a-US-passport-without-a-CRBA?share=1

To apply for a US passport, one has to be a US citizen. OP's children aren't US citizens that's why OP is planning to apply for their citizenship through N600K. Only if they are approved, they can apply for US passport.