Sponsoring Child out of Wedlock

[jn0603 0]

Hi there, my husband has a child out of wedlock and she is 14. We are looking to get her, her citizenship but the form N-600k or is it 400k is a bit confusing. She lives overseas with her mom and so the question or proof of “legitimization” with child in custody is not possible. Also, what proof of legitimization can we provide? I thought USCIS can ask for biometrics and dna test. We can’t do DNA test on our own. 
So if there’s another way or form, any help would be greatly appreciated. 

[Mike E 11,727]

30 minutes ago, jn0603 said:

Hi there, my husband has a child out of wedlock and she is 14. We are looking to get her, her citizenship but the form N-600k or is it 400k is a bit confusing.

 

 

I am not aware of an N-400K.  Please link to that.  
 

if you meant N-400, she would need to be a US LPR for 5 years less 90 days to be eligible to file that.  
 

N-600K is for a parent with legal and physical custody of the child where both live outside the USA.  That isn’t applicable here.  

Quote

 

She lives overseas with her mom and so the question or proof of “legitimization” with child in custody is not possible. Also, what proof of legitimization can we provide? I thought USCIS can ask for biometrics and dna test. We can’t do DNA test on our own. 
So if there’s another way or form, any help would be greatly appreciated. 

Simplest and cheapest is to file for passport for the child though the US embassy.   N-600 can be done too, but it is more expensive and requires a year or more.  Once she gets a passport, I do recommend the N-600 as some situations require a certificate of citizenship if the citizen doesn’t have a CRBA or naturalization certificate. 

 

The father would need to show proof of residing in the USA  for 5 years before birth, 2 after age 14. The father would also need to show biological relationship, financial support, and legitimization before age 18. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2  defines legitimize.  It will vary by the child’s country of residence.  
 

The alternative is for the father to file I-130 as per the visajourney guide 

The mother would have to agree to give the father legal and physical custody.  One the child has an immigration visa and enters the USA, the child will immediately be a US citizen of entering before age 18.  Once the child has a US passport and US passport card, if the parents decide so, the child can return to live with mother.  
 

At age 14 the window is rapidly closing on some options.  So get started now.  

Edited May 31, 2021 by Mike E

[JeanneAdil 6,278]

thank you for completing the timeline 

it helps 

and yes,  USCIS would ask for a DNA and hopefully he is listed as father on the birth certificate along with all the good advice above

[HRQX 4,145]

8 minutes ago, Mike E said:

if you meant N-400, she would need to be a US LPR for 5 years less 90 to be eligible to file that.

Yup, and also at least age 18 at the time of filing: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-1 "The applicant must be age 18 or older at the time of filing for naturalization"

Edited May 31, 2021 by HRQX

[Mike E 11,727]

3 minutes ago, HRQX said:

Yup, and also at least age 18 at the time of filing: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-1 "The applicant must be age 18 or older at the time of filing for naturalization"

Indeed.  At age 14 today this would not be an issue.   😉

[Boiler 43,791]

There would be a massive paper trail by the age of14.

[SusieQQQ 11,585]

4 hours ago, jn0603 said:

Hi there, my husband has a child out of wedlock and she is 14. We are looking to get her, her citizenship but the form N-600k or is it 400k is a bit confusing. She lives overseas with her mom and so the question or proof of “legitimization” with child in custody is not possible. Also, what proof of legitimization can we provide? I thought USCIS can ask for biometrics and dna test. We can’t do DNA test on our own. 
So if there’s another way or form, any help would be greatly appreciated. 

Was your husband a citizen before she was born? I am assuming not, please correct me if he was. So you can’t just “get her citizenship”. She will have to (a) get an immigrant visa and (b) enter the US on that to get a green card. If she is still under 18 when that happens AND she is entering to live with her dad AND he can show legal custody, then she will automatically derive citizenship from him (the law governing this is INA320). If he can’t do all these she will have to apply by herself once she turns 18 and has lived in the US for 5 years. If she continues to live overseas with a non-USC parent then (unless he was a USC prior to her birth and able to pass on citizenship) she’s not going to anyway anyhow be able to become a citizen. (It’s not clear to me from your post whether you guys are planning to have her immigrate or not.)

[jn0603 0]

12 minutes ago, SusieQQQ said:

Was your husband a citizen before she was born? I am assuming not, please correct me if he was. So you can’t just “get her citizenship”. She will have to (a) get an immigrant visa and (b) enter the US on that to get a green card. If she is still under 18 when that happens AND she is entering to live with her dad AND he can show legal custody, then she will automatically derive citizenship from him (the law governing this is INA320). If he can’t do all these she will have to apply by herself once she turns 18 and has lived in the US for 5 years. If she continues to live overseas with a non-USC parent then (unless he was a USC prior to her birth and able to pass on citizenship) she’s not going to anyway anyhow be able to become a citizen. (It’s not clear to me from your post whether you guys are planning to have her immigrate or not.)

Hi, yes the father is a US citizen born so he’s always reside here in the US. I’m not sure the best form to fill out as she does plan or at least have the option to move here. I’ve researched and read up a few of the different directions but not sure which route is best. 
Form I-130

Form n-400

Form n-600k

also file live birth abroad? Is it too late after 14years? 

 

[jn0603 0]

4 hours ago, Mike E said:

 

I am not aware of an N-400K.  Please link to that.  
 

if you meant N-400, she would need to be a US LPR for 5 years less 90 days to be eligible to file that.  
 

N-600K is for a parent with legal and physical custody of the child where both live outside the USA.  That isn’t applicable here.  

Simplest and cheapest is to file for passport for the child though the US embassy.   N-600 can be done too, but it is more expensive and requires a year or more.  Once she gets a passport, I do recommend the N-600 as some situations require a certificate of citizenship if the citizen doesn’t have a CRBA or naturalization certificate. 

 

The father would need to show proof of residing in the USA  for 5 years before birth, 2 after age 14. The father would also need to show biological relationship, financial support, and legitimization before age 18. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2  defines legitimize.  It will vary by the child’s country of residence.  
 

The alternative is for the father to file I-130 as per the visajourney guide 

The mother would have to agree to give the father legal and physical custody.  One the child has an immigration visa and enters the USA, the child will immediately be a US citizen of entering before age 18.  Once the child has a US passport and US passport card, if the parents decide so, the child can return to live with mother.  
 

At age 14 the window is rapidly closing on some options.  So get started now.  

Thanks mike for the reply. 
So form n-600k is out of the question as the father does not have physical custody of the child. But how do we go about legitimize the child? Is it a form or legal process? He’s not on her birth certificate in Germany. 

[jn0603 0]

4 hours ago, JeanneAdil said:

thank you for completing the timeline 

it helps 

and yes,  USCIS would ask for a DNA and hopefully he is listed as father on the birth certificate along with all the good advice above

No he’s not listed as the father on her German birth certificate. So I’m figuring out how or what is the process to legitimize. 

[SusieQQQ 11,585]

56 minutes ago, jn0603 said:

Hi, yes the father is a US citizen born so he’s always reside here in the US. I’m not sure the best form to fill out as she does plan or at least have the option to move here. I’ve researched and read up a few of the different directions but not sure which route is best. 
Form I-130

Form n-400

Form n-600k

also file live birth abroad? Is it too late after 14years? 

 

Please, you need to slow down and read what people write properly , I know it isn’t always clear. 600k doesn’t work for this circumstance at all, forget that as an “option”. N400 cannot work unless she gets a green card and moves here first, so for now forget that too.

Did the father live in the US for 5 years, two of which were after age 14? If so, as it seems from what you have said, then yes he can file a CRBA for her - he will need to legitimate her as you say, but that is easy to do, the embassy website for her home country will explain how to do that. If he can do this then she does indeed get recognized as a citizen and can get a US passport. (If he doesn’t meet the residence requirements then the only way is to file I130 for her to first get an immigrant visa/green card. Then in this case please refer my earlier post for options after.)

 

 

Edited June 1, 2021 by SusieQQQ

[SusieQQQ 11,585]

47 minutes ago, jn0603 said:

No he’s not listed as the father on her German birth certificate. So I’m figuring out how or what is the process to legitimize. 

Is the child in Germany? Then read here. Please read all the sections and links in these pages carefully. They answer all your questions about legitimation etc. You have until the child is 18 to apply.

https://de.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-under-age-18/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/online-crba-application/

 

 

Edited June 1, 2021 by SusieQQQ

[jn0603 0]

On 5/31/2021 at 7:10 PM, SusieQQQ said:

Is the child in Germany? Then read here. Please read all the sections and links in these pages carefully. They answer all your questions about legitimation etc. You have until the child is 18 to apply.

https://de.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/crba-under-age-18/

https://de.usembassy.gov/u-s-citizen-services/citizenship-services/online-crba-application/

 

 

Thank you Susie for the details and links. So we would have to travel there for the interview...I’m assuming it cannot be filed and request the appointment in the US? And they travel here for the interview. 

[Just Paul 4,591]

2 hours ago, jn0603 said:

So we would have to travel there for the interview

Not required. The child's legal guardian can accompany them to the interview.  Read the instructions for the CRBA and it can be done in 2 pieces.   

[jn0603 0]

On 6/2/2021 at 3:10 PM, Paul & Mary said:

Not required. The child's legal guardian can accompany them to the interview.  Read the instructions for the CRBA and it can be done in 2 pieces.   

Thank you. Yes that is an option but not sure if we can rely on the guardian to do all the necessary steps. They currently live in Zurich so would have to travel to Munich I believe is closes for them. My other question is can we file the CRBA and book an appointment/interview in the US?