Naturalization INA 320 with military orders

[R&OC 371]

We are hoping to have my kids from a previous marriage naturalize under INA 320. We are on my husbands military orders stationed overseas.

 

First of all, would we file for n-600k or n-600? And other than my husbands military orders, had anyone had a similar situation and can advise us?

 

Secondly, what happens if my husband ends his military service and becomes a contractor while USCIS is processing the children’s application? Does the date of submission count or is it actually whether or not the kids are still dependents of an active duty military member by the time USCIS adjucate?

Edited November 16, 2021 by R&OC

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Military Immigration-Related Discussion ***

 

3 hours ago, R&OC said:

would we file for n-600k or n-600?

 

Just to be clear -- N-600k/N-600 are optional after your kids become US citizens the moment they enter the US with their IR2 visas.  Are you asking because you'd like documentation of their US citizenship, aside from their US passports that you will be applying for?

 

 

[R&OC 371]

Thank you for your comment. You are correct. We can just apply for their passports. However, my husband is retiring soon and I am wondering if the date of "activation of the LPR status" is the date that determines their eligibility to apply for a passport under INA 320?

 

The reason why I am asking is that under INA 320 the kids are under his orders and we do not need to by physically and legally present in the US as the overseas orders are treated as such presence. However, my husband is soon transitioning towards either contractor (not a US government employee) or a US GS position (which would also fall under INA 320). Our preference is that the kids can finish two more years of school here.

 

As of today, we are currently here under active duty orders. Does the date of application (which would be under orders) matter when assessing eligibility under INA 320? Or do the orders have to have six months left on them (or something similar)?