sib

Ok, we have mid of June. EAD/Travel authorization can take up to 3 months, but you can get it faster also if there is a scheduled travel. When filling out the I-131 you are asked about the travel date. Put it in there and also make sure that you point it out in your cover letter that your wife would want to travel with you beginning of September (maybe attach flight documentation) to accompany you for a while. I would not put the information in that she will be attending dental school. So you don't lie but you don't offer more information than necessary!

Because your wife is from Sweden (a low fraud country) most likely you will not have an interview for AOS (my husband and I had one together at the embassy for the K-1 (I was in the country anyway so I went with him) and then never again (AOS, ROC)) and if you really have to you can reschedule, mentioning that you (the husband) is out of the country for work ...

The problem you might face is that Border Control giving you a hard time coming back after being more than 6 months out of the country. If you do that you normally should file for a Reentry Permit but there are a lot of people that are out of the country longer than 6 months and don't have problems. You and your wife might want to fly back to US during Christmas time or spring break to not be out for more than 6 months at a time. It is always easier to enter US with the US citizen together also!

The GC is to live in US and living in US means spending more time in US than outside, pretty simple but sometimes not that easy to accomplish.

I would get all paperwork for AOS ready immediately, very important are mingled finances, so get a joint checking account, saving account, IRA for your wife (you can do that even if she is not working, it is called spousal IRA), get the car you have registered here in US in both of your names, put her on the car insurance, have her get a US driver's license (having a out-of-state license it might be easy to convert!), put her as beneficiary on your IRA, life insurance, etc. This might take some time, but start now and even if you only can proof that you informed the bank, insurance company that will be enough.

Then send the complete paperwork with EAD/Travel authorization to USCIS (I think it is the lockbox in Chicago now). When your wife is taking the biometrics and if you can go with her and ask about the Travel authorization and how you can get that one faster because of the already scheduled travel ...

You have to make sure that you sign up for the email notification and have access to your stuff online and you need somebody looking after your mail while you are out of the country. If there is an invitation to the interview you need to react pretty quickly if you need it rescheduled.

Being in your situation I would try to get the GC now and maintain it. Because you have a house in US, you file US taxes (married!), etc. it is quite possible that you get away with it.

If Border control is giving you a hard time the 2nd or 3rd year and telling you that they will confiscate your wife's GC you then have to go the IR route.

This is one reason to get US citizenship especially when dual citizenship is allowed by the other country.

Wishing you luck.

Sib

What state are you in? You are really lucky if you can get a driver's license without showing legal proof of resident, green card. Most states now require you to be legally in US to get a driver's license.

Signing the 864 is part of the process. Your husband seems to be very paranoid and not trusting you or his own decision to marry you.

You are not allowed to work until you AOS, so you need to have a lot of savings to cover that period. I honestly would not want to spend my savings waiting for him to decide that he is ready to sign the 864 and make you legal. You can not fly back to China to visit because you are not allowed to be back into US, you do not have a visa. So if something happens to any of your family members in China, you can not go there!

Try to talk with him and that it is necessary to get the AOS done as quickly as possible, so you can also think about citizenship down the road which will free him of his obligations or you can start working and start accumulating work time.

As others mentioned the I-864 is only enforceable when you are using the benefits and when you are eligible for them, which you are not for a while anyway.

Wishing you luck.

Sib

Filing for citizenship will get the ROC moving! They need to adjudicate the ROC before you can become a citizen!

This happened to me in 2006. I filed for ROC in 2003! and at that time things were moving much slower.

We got an interview notice for the ROC and when we were at the office after the officer approved ROC I was asked whether I was ready for the citizenship interview, too. I was told from others before that this could happen so I was prepared and I also got same day oath!

So just be ready for everything.

Wishing you luck and I speedy journey!

Sib

I am astonished that the issued the K2 without that note. Are you sure there is not a copy of that note in the file?

You might have a chance with making an infopass appointment and explain what happened and that you had a note that the Brazilian customs took.

Hopefully that will be enough.

Wishing you luck.

Sib

Make an infopass appointment at your local office and get the passport stamp or do you already have the renewed green card?

The stamp is as good as a card. I had one of those for years (got it renewed each year because they did not work on my removal of condition (ROC) and then I got citizenship and ROC on the same day. But now things are moving much faster!

Sib

Brother, what I heard, those CoCs are finalized at the local USCIS office. So depending on the office the child has to got there.

To the poster:

Let us know about the outcome. What local office did you file with? Did you get any information back?

Sib

You can try to contact the office via mail, but the chances of getting a response ...

Do you have any idea what the problem with your application is? Do you have anybody in LA who can go instead of you? I guess, because you were using N-600K and also the information I got from another thread you are using the grandparents for proof of citizenship. Sometimes it is necessary to be present at the office to get the information needed.

I applied for N-600 for my kids (I adopted them, they were living with me already, they already had US passports) and it took over 10 months to get a the CoC. The office scheduled a special children ceremony (on a school day during the week!) and I asked about another possibility because I hate taking the kids out of school especially that my daughter had tests that day. I never heard back from the office, so I went to the ceremony alone (my other child was sick). The CoCs were pulled from the ceremony because of my letter, but I never heard anything from them! I got the CoCs at the USCIS office that day, just had to drive a little more and wait a little more because everybody who had a key to the CoC blank certificates was at the ceremony!

Wish you luck, but I guess you need to get in contact with the office that is dealing with your case!

Sib

It took my husband about 2 month to be scheduled for the oath after the interview. He was in Jacksonville too.

So I guess you will travel with your green card and your Canadian passport. After the oath you need to leave US with your US passport and entering US with your US passport. You will enter Canada with your Canadian passport. This is when having dual citizenship. You need to keep both passports actual and with you when you travel to your 'other' home country.

Have fun.

Sib

It seems like your friend gained citizenship and can file the N-600.

This is from the N-600:

If you were under 18 years of age on February 27, 2001, or were born after that date, you can acquire U.S. citizenship through your U.S. citizen mother regardless of whether you were born out of wedlock if, before you turn 18, your mother is a citizen and you are residing in the U.S. based on a lawful admission for permanent residence in the legal and physical custody of your U.S. citizen mother.

She got lawfully admitted through the B1, she was living in the states with her mother. The only thing she needs to prove that.

Best thing for her to make an infopass appointment at her local USCIS office and talk to an immigration officer about what she needs to do.

Good luck to her.

Sib

Get in contact with the embassy!

They are able to help and normally will do so.

Tell them what happened and that you decided to move back to US because ...

You are still in a time frame where your green card is ok, but the longer you wait the more difficult it gets and the less options you have.

Sib.

Our case is pending since 11/2011!

We got an invitation for a special children ceremony in September that we should attend. The only problem: it is a school day and they would miss the whole day. I really hate taking them out of school if not really necessary (and honestly I do not understand why USCIS is making such a deal out of this). The kids are citizens already, they have a passport, just issue that CoC and done! Paying $ 600 for a better birth certificate is a lot of money!

I wrote a letter asking for other options. Wait and see what they answer.

Sib

Pikku, you wrote that you were adopted by your step dad. Your step dad is US citizen? How old were you when you were adopted? What year were you adopted?

You might already be a US citizen!

Let us know and we can give you more information.

Sib

I applied in November and they asked in June, about 7 months later.

I will post after we are back home what happened.

Sib

I got a letter from the local office that they want the original green card. I mailed them in mid of June, but we left for vacation beginning of July and I was not home yet, so I don't know whether they mailed the CoC or whether I have to pick them up. I hope something was going on!

Sib

Do not return the green card. If you ever want to apply for the N600 when they issue the COC they want the original green card back! I had the green card of my kids in the safe deposit box until the local office asked for the original green card.

We are on vacation now, so I don't know whether they mailed the CoC or whether I have to pick them up at the local office.

Sib

The adoption has to take place before the child is actually 16 to gain citizenship through adoption.

The US birth certificate of my adopted children states that the certificate is no proof for US citizenship. I guess your son's states that too.

What status does he have at the moment?

You wrote he came on B2, what happened then?

What status does his mom have?

Maybe there are other possibilities.

Sib

Why would you be called to NYC? Just curious.

Sib

I filed 2 N600 for my kids here in Florida in November and just last week got a letter they want the original Alien Card mailed to the office. I called the information line before and they told me that the certificates might be mailed.

Check in your regional forum. Read old posts.

Sib

I am not sure, the N600 instruction says you do not have to submit anything they already have on file. I did anyways.

I guess you have to wait and see. They are probably ok with what you submitted.

Did you file for a US birth certificate after the adoption? I also mailed a copy of that one though it states that this is no proof of citizenship.

In my opinion this CoC is a farce anyway. The kids get a passport but they need another proof of citizenship? Then just issue it like they issue a birth certificate!

Oh well, USCIS!

Sib

Andrea,

when you apply for your US passport you can also apply for your kids US passports. They need to go with you to the passport office (court house, post office, whatever office is doing it in your town). You also need the permission of their dad to do this. If you have sole custody then you need a court order to prove that.

Just check online how to apply for a passport for a minor so you have everything ready.

You do not need to wait until you have your passport to apply for your kids passports, this can be done together. Your original certificate of citicenship will be mailed with the passport applications and you will get it back after the issuance of your passport.

The advantage of the N600 for the kids is, if they loose their passports (at any time in their life) they either need an own expired passport or again need your certificate of naturalization to prove their citizenship. If they have a certificate of citizenship issued, they always can get that again, it is like a US birth certificate. The birth certificate are easier to obtain than the CoC, but at least it is possible.

That's why I applied for the N600 for my adopted children, they will have their own proof and until they have their own bank deposit box it will be stored in mine!

Wishing you a speedy journey for your N-400.

Sib

I can not access information online, but I got information about the processing time when calling and not bending down about an standard answer!

I received a letter on Friday from the local office that they need the original green card and some biometric information filled out on the letter. I mailed it back today to the field office. Let's see what will happen next.

Sib

They are not available online, but I do not think it has anything to do with Child Protection because AOS and everything else you can look up online, so the answer does not really make sense.

I guess it is because it is handled at the local office. I think I filed it at the local office, too.

I got information over the phone though because mine are taking since November and nothing yet. The local office has so many to do, it just takes more time!

Great! Florida just takes longer for most things!

Sib

That is strange.

I called a couple weeks ago because the N-600 for my 2 kids is already taken too long (since November).

I got the information that the local office has a lot of them processing and it will take about another 25 days for it to be adjudicated. I might get the certificates mailed to me (never heard of that!) or I have to pick them up it is depending on the local office.

No word about protection of minor children and actually I filed for them and paid!

Sib

The Hague convention does not apply to step parent adoption. This is only if the adoption is managed through an adoption agency.

The way an adoption is done and what is necessary is also depending on the state you are living.

Some states allow step parent adoption without terminating the other parents rights. You need to get information about the way the adoption is done in your state.

I adopted my husband's kids but their mother was deceased. No problem in Florida, rights to the other parents will be terminated and you would need a consent of the other parents.

Then we needed to do a lot of paperwork in my children's birth country to get the adoption recognized there. Because the adoption laws of Florida and my children's birth country we got it recognized, but it was some hassle. That country requires a social worker to check for the benefit of the kid and this was not done here in Florida. But the judge in the kid's birth country decided that the adoption was for the benefits of the kids!

Get also the information about the adoption law in the kid's birth country so you know what needs to be done here.

Sib

You will need to explain the situation during the interview but she did not plan on getting married visiting you, so you will be fine.

Read the guides, you will need to file I-130, I-485, Travel Authorization and EAD (Employment Card) all together. She can not leave US until she gets Travel Authorization. EAD card will allow her to work. It will take 3-4 month to get these documents. She then needs to apply for Social Security number and can start working.

You will need the marriage certificate to start the process.

It is written in the guides, just follow them. You will need to fill out some paperwork, you can start getting used to the forms right now!

The other possibility would be to get married, she starts her job in Canada and you file for CR1. She will have to move to Canada though and you would be seperated. The process is similar, but the interview would be in Canada for her.

Again, read the guides!

Wishing you luck.

Sib