USC for children living overseas of newly naturalized USC

[Rio-N-Don 3]

My wife will finally get her USC sometime around the end of the month or next month. Her interview is on the 29th.
She has 2 minor children that we have active, but stalled, I-130's submitted since 11/2021.

Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible.

Can we take my wife's Naturalization certificate to the embassy in Manila and secure US passports for the kids?
I'm loath to go the N-600 route after all the money we've already dumped into her visa journey and their I-130's, along with how long that limbo status will remain.

The kids need to come here soon to get on with their schooling.

 

Any guidance would be appreciated.

[mniceguy16 184]

1 hour ago, Rio-N-Don said:

My wife will finally get her USC sometime around the end of the month or next month. Her interview is on the 29th.
She has 2 minor children that we have active, but stalled, I-130's submitted since 11/2021.

Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible.

Can we take my wife's Naturalization certificate to the embassy in Manila and secure US passports for the kids?
I'm loath to go the N-600 route after all the money we've already dumped into her visa journey and their I-130's, along with how long that limbo status will remain.

The kids need to come here soon to get on with their schooling.

 

Any guidance would be appreciated.

Her kids automatically get citizenship under her ONLY if they are present in the USA with green cards at the time of her naturalization.

[arken 4,197]

3 hours ago, Rio-N-Don said:

The kids need to come here soon to get on with their schooling.

Not sure why they were petitioned so late and not with their mother.

 

3 hours ago, Rio-N-Don said:

Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible.

Not possible.

In any case as said, they can only gain US citizenship once they enter the US with their immigrant visas and reside with her. You can apply for their passports directly or file for their N600.

[nastra30 2,039]

3 hours ago, Rio-N-Don said:

Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible. - Not possible

 

Can we take my wife's Naturalization certificate to the embassy in Manila and secure US passports for the kids? - No, that's not how it works. They'll have to enter the US as LPR before you can apply for their passports. You said 'she' has two minor children so I'm assuming they are your step children. If so you'll also need their biological father's permission to get them a US passport once they arrive in the US.

I'm loath to go the N-600 route after all the money we've already dumped into her visa journey and their I-130's, along with how long that limbo status will remain.

The kids need to come here soon to get on with their schooling. - Unfortunately, they'll have to continue schooling where they are until the time they secure their immigrat visas and enter the US

 

[Mike E 11,725]

5 hours ago, Rio-N-Don said:

 Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible.

She can optimize the I-130 process by not paying the green card fee and by  filing I-864W instead of I-864. Thus is because the kids will immediately become U.S. Citizens upon entry into the USA with their immigration visa and so a green card is useless and affidavit of support is senseless. 
 

5 hours ago, Rio-N-Don said:

Can we take my wife's Naturalization certificate to the embassy in Manila and secure US passports for the kids?

Alternatively (if she has 5 years of physical presence (5 * 366 = 1,830 days, where as a non immigrant, LPR, or citizen) she can move to the Philippines, live with her kids and file N-600K.
 

Pick a field office that has rapid N-600K processing (use N-400 processing times as a proxy) and do not pick a field office located near a major international airport.
 

She would also file for their B-2 visas and when the interview is scheduled, she would accompany them to Podunk or Dogpatch USA for their citizenship interviews.  It will probably be the highlight of the IOs career … I imagine some officers in NYC, Chicago, or LA go years before they get one of these cases.  
 

 

[Crazy Cat 39,575]

5 hours ago, Rio-N-Don said:

My wife will finally get her USC sometime around the end of the month or next month. Her interview is on the 29th.
She has 2 minor children that we have active, but stalled, I-130's submitted since 11/2021.

Once she gets her USC I would like to be able to get them their USC and bypass this whole I-130 process all together if possible.

Can we take my wife's Naturalization certificate to the embassy in Manila and secure US passports for the kids?
I'm loath to go the N-600 route after all the money we've already dumped into her visa journey and their I-130's, along with how long that limbo status will remain.

The kids need to come here soon to get on with their schooling.

 

Any guidance would be appreciated.

You can try to expedite their I-130s, but my understanding that they have to enter the US as LPRs.

[Timona 3,969]

VJ forefathers, I'm lost here. Do the kids:

 

1. become USC if they enter before their mother naturalizes or

2. can they they still become USC automatically if they enter after mom naturalizes?

Edited September 10, 2022 by Timona

[nastra30 2,039]

35 minutes ago, Timona said:

VJ forefathers, I'm lost here. Do the kids:

 

1. become USC if they enter before their mother naturalizes or

2. can they they still become USC automatically if they enter after mom naturalizes?

Not a forefather. 

But the citizenship is only derived after the mother becomes USC, and they enter as LPR.

 

If they enter before she naturalizes, they'll only be LPR. And will only become citizens after she naturalizes.

[Mike E 11,725]

4 hours ago, Timona said:

VJ forefathers, I'm lost here. Do the kids:

 

1. become USC if they enter before their mother naturalizes or

2. can they they still become USC automatically if they enter after mom naturalizes?

They become U.S. Citizens when all the following conditions happen while they are under age 18:

 

* they are LPRs

* their parent is a U.S. Citizen 

* they live with their parent 

* their parent has legal custody.  In the case of OP, the children were apparently born out of wedlock and so even if the father is still alive, USCIS policy is that the U.S. Citizen parent is still considered to have legal custody of the parents never married.  
 

The order of these events does not matter. What matters isn’t her all 4 events overlap and this overlap, even if it is just a day in length, occurs before the child reaches age 18.  
 

Example 1:

 

* boy arrives as an LPR at age 17, in legal and physical custody of a U.S. Citizen mother 

* a day before the boy reaches age 18, mom takes oath of citizenship

* boy is a citizen 

 

Example 2:

 

* as above but boy lives with an uncle in the USA until age 18

* boy is not a citizen and will have to file N-400

 

Example 3:

 

* dad naturalizes

* son with  turns age 18 while on a layover in Tokyo

* boy arrives at LAX with an immigration visa a day before his 18th birthday 

* dad picks boy up at LAX airport with his lawyer

* lawyer escorts Dad and son to their home.  
* lawyer  dictates and signs a memo stating that he observed son in physical custody of Dad 

* boy is a U.S. citizen 

 

 

 

Edited September 11, 2022 by Mike E

[Adujarric 67]

1 hour ago, Mike E said:

They become U.S. Citizens when all the following conditions happen while they are under age 18:

 

* they are LPRs

* their parent is a U.S. Citizen 

* they live with their parent 

* their parent has legal custody.  In the case of OP, the children were apparently born out of wedlock and so even if the father is still alive, USCIS policy is that the U.S. Citizen parent is still considered to have legal custody of the parents never married.  
 

The order of these events does not matter. What matters isn’t her all 4 events overlap and this overlap, even if it is just a day in length, occurs before the child reaches age 18.  
 

Example 1:

 

* boy arrives as an LPR at age 17, in legal and physical custody of a U.S. Citizen mother 

* a day before the boy reaches age 18, mom takes oath of citizenship

* boy is a citizen 

 

Example 2:

 

* as above but boy lives with an uncle in the USA until age 18

* boy is not a citizen and will have to file N-400

 

Example 3:

 

* dad naturalizes

* son with  turns age 18 while on a layover in Tokyo

* boy arrives at LAX with an immigration visa a day before his 18th birthday 

* dad picks boy up at LAX airport with his lawyer

* lawyer escorts Dad and son to their home.  
* lawyer  dictates and signs a memo stating that he observed son in physical custody of Dad 

* boy is a U.S. citizen 

 

 

 

My wife became an LPR after her mom became a naturalized citizen. Her mom petition my wife almost a year after she was already a US citizen and my wife got derived citizenship. Thanks to Mike advise we submitted for my wife’s passport because it was the quickest & cheapest way to find out if she had gain derived citizenship through her mom and 2 days ago her passport status changed to Approved. 

[Family 3,549]

1 hour ago, Mike E said:

They become U.S. Citizens when all the following conditions happen while they are under age 18:

 

Part of OP s frustration is based on USCIS telephone agent “advising “ him that he can file N-600 as soon as wife naturalizes ..( per previous post Nov 2021) .

 

Hopefully he returns and realizes , completing the two pending I-130 for the children is the only option…and of course his wife can go in advance to accompany children to the interview.

 

 

[Rio-N-Don 3]

On 9/10/2022 at 7:25 AM, Mike E said:

She can optimize the I-130 process by not paying the green card fee and by  

On 9/10/2022 at 7:25 AM, Mike E said:

She can optimize the I-130 process by not paying the green card fee and by  filing I-864W instead of I-864. Thus is because the kids will immediately become U.S. Citizens upon entry into the USA with their immigration visa and so a green card is useless and affidavit of support is senseless. 
 

Alternatively (if she has 5 years of physical presence (5 * 366 = 1,830 days, where as a non immigrant, LPR, or citizen) she can move to the Philippines, live with her kids and file N-600K.
 

Pick a field office that has rapid N-600K processing (use N-400 processing times as a proxy) and do not pick a field office located near a major international airport.
 

She would also file for their B-2 visas and when the interview is scheduled, she would accompany them to Podunk or Dogpatch USA for their citizenship interviews.  It will probably be the highlight of the IOs career … I imagine some officers in NYC, Chicago, or LA go years before they get one of these cases.  
 

 

She doesn't have 5 years, since she is married to a USC, only 3.6+ at current count.

Waiting until then would risk putting my step son at age out risk, he is 16.

Waiting on the I-130 seems to be the only option unfortunately.

 

I don't really follow you on the N-600K as far as picking the field office to file under. Being that we're in Texas the website stipulates we are to file the forms to the Phoenix lockbox.

We've been stuck at the Houston office for her N-400 way past when other 3/21 filers have already been completed; last look was 12/21 filers are being addressed.

It was damn near impossible to get an I-551 stamp for her passport since her I-751 had expired and was in limbo due to her ongoing N-400 filing. Only congressional assistance and a miracle by some staffers part  accomplished that. Otherwise no appointments available, yada yada yada.

 

B-2 visa? can you enlighten me on that versus the I-130 already in progress?

I mean once they get here with their I-130 process, we just march down to the local passport office and get them a US passport, if I understand correctly that the N-600 is nice to have but a passport works just as well. I take it the N-600 isn't required to obtain the passport, is this correct?
 

 

 

[Rio-N-Don 3]

16 hours ago, Family said:

Part of OP s frustration is based on USCIS telephone agent “advising “ him that he can file N-600 as soon as wife naturalizes ..( per previous post Nov 2021) .

 

Hopefully he returns and realizes , completing the two pending I-130 for the children is the only option…and of course his wife can go in advance to accompany children to the interview.

 

 

thanks, that seems to be the only option.

It's just frustrating as hell when we pay boat loads of money for crappy service and others just waltz in across the border for free and get free transport to wherever they want to go, etc.

play by the rules and get bent over.

 

[Rio-N-Don 3]

17 hours ago, Adujarric said:

 

thanks,

Edited September 11, 2022 by Rio-N-Don

[Mike E 11,725]

14 minutes ago, Rio-N-Don said:

 

 

 

I don't really follow you on the N-600K as far as picking the field office to file under. Being that we're in Texas the website stipulates we are to file the forms to the Phoenix lockbox.

N-600K requires that the U.S. Citizen parent live outside the USA with the child. 
 

https://www.uscis.gov/n-600k
 

my guess isn’t it are looking at the N-600 web page.  N-600K and N-600 are different. 
 

https://www.uscis.gov/sites/default/files/document/forms/n-600k.pdf
 

part 7 let’s you select the preferred location for the interview. 
 

Quote

 

 .

 

B-2 visa? can you enlighten me on that versus the I-130 already in progress?

if you file N-600K the child interviews in the USA. The child enters the USA on a B-2 visa. 

Quote

 

I mean once they get here with their I-130 process, we just march down to the local passport office and get them a US passport, if I understand correctly that the N-600 is nice to have but a passport works just as well. I take it the N-600 isn't required to obtain the passport, is this correct?

Again n-600K is not the same as as N-600. If you go the I-130 route and it is successful and the child enters the USA before are 18, then yes get a passport and passport card.  Then after that file N-600.  
 

Recall your OP asked for a way to bypass I-130.  N-600K bypasses I-130. It has a cost. Given one child is 16, and given she doesn’t have 5 years of physical presence N-600K for the 16 year old won’t work.  

Edited September 11, 2022 by Mike E