mejms

My wife had her interview on January 4th and has since been approved for citizenship.  Her interview was in the Lawrence office.

She requested a name change on the N-400.

Does anyone know how long the oath ceremony tends to take in this area if you requested a name change?  I know that the ceremony must be conducted by a judge rather than an administrative official so ceremonies are less often.

On my USCIS online account page, my estimated case completion time is December 2016 and hasn't changed since I filed.

There is also an estimated wait time, which just updated to 26 days.  However, it doesn't indicate what this wait time refers to.  I did the biometrics and am waiting for the letter giving my interview date.  Is the wait time to receive this letter?  The interview date?

6 minutes ago, Dave&Kal said:

 

it normally  should show a one year time frame from the date you file . I was wondering how could she files on June 2018 and get a December 2018 as the completion date!  Although based on time frames i have seen, many completed in 4 to 5 months, but still everyone gets 1 year time frame for the start ( i guess just to keep the hopes not high)

Definitely lists December as estimated completion date and she filed beginning of June, so maybe it is accurate?

2 minutes ago, geowrian said:

That is possible, but generally it updates to a shorter timeframe once you get through the early stages.

Since her biometrics was in June, I think that she is through the early stages.  We're especially anxious to get the letter with interview date.

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Timelines vary by local USCIS field office.

We're in Boston.

My wife filed her N-400 beginning of June 2018.  She completed biometrics end of June.  We are waiting for the letter with interview date.

Her online account states that estimated case completion time is December 2018.  Does anyone know whether these dates tend to be accurate or if you have experience with the case taking shorter/longer?

Also how much time is typically between the later being received and the date of the interview?

11 minutes ago, shomer said:

Read bullet point 6 under "General Eligilibility Requirements:" https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Thanks!

2 minutes ago, bsp said:

OK, while it's an admittedly small sample size here and on Trackitt the good news is Boston looks to be cycling through cases reasonably quickly at the moment with the average wait for an interview looking like 3-4 months for recent filers but of course individual factors may influence that.  Given it sounds like you'll still be here for another couple of months I don't think your wife will have too much of an issue as she'll only have been out of the country for a few months come interview time if the average timeline holds.  Where it may get a little tricky is if she is asked about her intended long-term place of residence while under oath as "mov[ing] to another country, intending to live there permanently" can result in PR being abandoned - she obviously doesn't want to lie as the consequences are severe if uncovered, so if there's any way to frame the move to Mexico as "temporary" I would including by keeping a few things alive in MA (insurance, cell phones etc) until everything is squared away. 

Yes, all of that makes sense.  Thank you for your insight.  I think that we will postpone/change our plans just to be on the safe side.  Her citizenship is a priority.

Boston

We'll see how the timeline shapes up.  We received the letter for her biometrics appt a week ago.  Appt is next week.  I hope that we get the interview not too long after.  We'll see.

Just an update on our situation:

We had to send in my son's green card with the passport application.  I also needed to get a translation of his adoption decree and birth certificate (in Spanish) to English.  A bilingual friend did it, wrote and signed an affidavit that she was competent to translate and that it was an accurate translation, and we got her affidavit (just a Word doc) notarized at the bank to make it look more official.

Passport was approved and is arriving today.

No certificate of citizenship needed.

Thanks for all feedback along the way!

Thanks for responding!

Our home is in my name.  We will actually be selling our home in a couple months.

I think that there is still the requirement of demonstrating that the permanent resident did not intend to abandon residence for the purpose of the re-entry permit as well.  So if it's an issue for the naturalization, in theory it would be an issue for the re-entry permit too.

I'm not sure what my wife will be able to offer up to show that she did not want to abandon residence.  She won't have property in her name.  She will be leaving her job soon because she is pregnant.  We will spend some time back there so she can be with family during pregnancy.  She has a husband, two American children, and a third American child on the way, so I'd like to think that her immediate family is proof that she has no plans to abandon residence.  

Hi folks,

Trying to bump up this thread to see if anyone has thoughts/experience.

The question once again is: having met all residency and physical presence requirements for 5 year eligibility application, can my wife be outside of the country continuously for >6 months once her application has been submitted?

Does anyone know whether I have to submit my son's actual green card (not just a photocopy) with the passport application?

If my wife gets a re-entry visa after submitting her N-400 application, could it be seen in a negative light in her interview?

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The adoption was good enough for the OP to get his son an IR-2 visa.

 True.  I will apply for the passport next week.  Thanks for responding!

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and be know that the adoption decree if I am not mistaken is the one you get from a court here in the US and not the one you have from the foreign country.

That is what I thought.  His adoption took place in Mexico.  There was no adoption decree issued in the US.   So the certificate of citizenship seemed necessary.

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Wouldn't it be easier to just wait until she has her citizenship before you move?

 

You won't have to bother with reentry permit or risk her loosing her green card and starting the process all over again.

If we could, we would.  I'm really not interested in complicating this,  but we've got to go in a couple months.  So I'm looking for who to manage the situation.  I don't think that we are risking her green card at all as long as we get the re-entry permit, but ideally we'd get her citizenship.  The most frustrating thing will be having to wait 2 years after we return for her to be able to refile the N-400.

Thanks for the replies.  I investigated all of this before filing the N-600.  My son is my wife's biological child I adopted him in Mexico.  After the adoption was finalized, I filed for his IR-2.  

To apply for his passport, I would have needed to submit the final full adoption decree which is in Spanish  I was concerned that the post office worker where I would have applied wouldn't know what to do with 25 pages of adoption papers in Spanish and their accompanying translation since it's not what they typically receive to process the application.  My son would have needed to be present for submitting the application as well and I didn't want this to be complicated in front of him.

So the N-600 is being processed and we'll likely leave the country before it is ready.  My only concern is if the N-600 takes longer than a year, then his green card would be invalidated.  

It's a bit confusing because I believe that my son is a citizen but until he gets the N-600, he will have no documentation to prove citizenship.  So what would it mean for his green to expire because we set up residence in another country?

I hope all of this isn't even a consideration as long as the N-600 isn't delayed.

I filed the N-600 for my adopted son and received confirmation of receipt by USCIS about a month ago.  We'll be moving out of the country for an extended period of time (~2 years).  

He currently has a green card, but from what I understand, he's actually a US citizen.  But, since he doesn't have a passport or US birth certificate, the certificate of citizenship via N-600 is required in order to prove citizenship.

Two questions:

1) Does anyone know if physical presence is required for the N-600 to be approved?  I assume that I would return to the US to pick up the certificate when ready.  My son is 12, so I imagine that he doesn't need to be present or do any biometrics.

2) Given all this, would he need an I-131 (re-entry permit) to be filed for our extended residence abroad?

I am an American citizen and my wife just submitted her N-400 for naturalization.  We haven't received confirmation of receipt yet from USCIS.  My wife has lived here continuously for 5 years.  She meets all eligibility criteria including continuous residence and physical presence to date.

We've had some sudden life changes and will be moving to her native Mexico in August and will live there for up to 2 years.  Should we just assume that we'll need to withdraw her N-400 application?  The N-400 states that continuous residence and physical presence must be met up until date that application is submitted and I haven't found anything explicit about being in the US while the application is processed.  She would come back for biometrics, interview, and oath ceremony.

My concern is that at some point (most likely, interview) her extended stay in Mexico would raise doubt about her intent to settle in the US and, therefore, really want to become a US citizen.  I'd like to think that her record of having lived here for 5 years and the fact that her husband and children are American citizens would outweigh the fact that she is not in the US, but that may just be wishful thinking.

Additionally, I think that we will need to apply for an I-131 for her re-entry permit so that we don't jeopardize losing her green card after setting up residence in Mexico.

Does anyone have any thoughts on the possibility of naturalization still being possible even though she will not be in the US?  Or will we need to withdraw the application, file the I-131, and re-file the N-400 two years after our return to the US down the road?

12 hours ago, Jojo92122 said:

If your son was under age 18 when he immigrated to the US, then automatically gained US citizenship under the Child Citizenship Act.

 

Your son does not need the expensive and useless N-600 Certificate of Citizenship. 

 

Your son can apply for a US passport.  It will serve as proof that he's a US citizen.  You do not need the N-600 Certificate of Citizenship for him to apply for his passport.

 

He will need proof that you are a US citizen.  Your US passport would be the best evidence.  

Thanks for the reply.  It looks like I'm in murky waters with how to proceed.  I understand that a U.S. passport will serve as proof of his citizenship, but I also realize that he needs proof of citizenship in order to get his passport.

I think that I will apply for this passport.  If they request a certificate of citizenship, I will have to file.  Worst case scenario, I may lose the passport application fee of $80 if the passport is denied for lack of evidence for U.S. citizenship.  Even then, it may not be denied and just deferred to USCIS.

From the instructions for US passport application:

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APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or evidence described below: - If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the legal and physical custody of your U.S. citizen parent, if applicable. - If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth. - If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

Thank you for posting.  The info that you quoted from the passport application instructions seems a bit nebulous.  There doesn't seem to be a clear answer as to whether a certificate of citizenship is required in order to apply for the passport.  It says that I must submit:

1) Proof of my son's permanent residence status (his green card);

2) Proof of the adoption; 

3) Proof of my custody.  

It then says that I may be asked for additional evidence of citizenship, which I imagine could be the certificate of citizenship.

Does this mean that I should begin by applying for my son's passport and see the response?  And if I do apply for his passport but it isn't immediately approved, what happens to my payment for the passport?

Hi everyone,

I am a U.S. citizen by birth.  I adopted my Mexican wife's biological son four years into our marriage while we were all living in Mexico.  The adoption took place entirely in Mexico and my son's birth certificate now has me listed as the father.

Thanks, I appreciate that. It's still not cut and dry for me, but I appreciate your feedback.

The Hague Convention applies to international adoptions, right?

Mexico and the United States are parties to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, all adoptions between Mexico and the United States must meet the requirements of the Convention and U.S. law and regulations implementing the Convention.

This is certainly not the case for me. I petitioned my son as my son, not as my wife's son and he fell under the IR-2 category.

Although not taken from an authoritative site, this seems to address the situation:

IR-2 Immigrant Visa

An IR-2 visa is issued when the child is adopted overseas and has resided with the US citizen parent(s) for at least two years overseas, with the parent having full legal and physical custody.

It is important to be able to show evidence of "physical and legal custody" of the child. Keep records of when the child entered into your family under your care. With IR-2 visas, a home study is not required. (http://adopt.com/international.html)

I came across this when I first submitted my I-130 petition months ago. The agent at the Embassy said that my son was not yet eligible for the IR-2 and that I would have to wait for 2 years from the date of adoption. However, when she realized that he was my wife's biological son, the 2 year issue was immediately resolved since my marriage could establish that we had had legal custody for that long. It's a bit convoluted I know considering that the marriage doesn't prove my legal custody over my son for 2 years, but as I said the I-130 went through and the IR-2 visa was approved yesterday.