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  • physical presence requirement for N600K

    Hello,
    I've recently become USC through naturalization and I would like to apply for citizenship on behalf of my son, who was born abroad 18 months ago, before I became USC. His mother is a US alien, and we currently live abroad.
    On the instructions of form N600K, there is a 5 years physical presence requirement for the USC parent, but it doesn't say whether those 5 years must be AFTER naturalization.
    Can someone please clarify this point?
    Thank you
    Stefano

  • #2
    Hello,
    I've recently become USC through naturalization and I would like to apply for citizenship on behalf of my son, who was born abroad 18 months ago, before I became USC. His mother is a US alien, and we currently live abroad.
    On the instructions of form N600K, there is a 5 years physical presence requirement for the USC parent, but it doesn't say whether those 5 years must be AFTER naturalization.
    Can someone please clarify this point?
    Thank you
    Stefano

    Comment


    • #3
      After naturalization. They like citizens to live in the country.

      Comment


      • #4
        Thank you Dragonlady,
        and does it have to be 5 years of physical
        presence, or is "residence" enough?
        Stefano

        Comment


        • #5
          you cant get your son citizenship because the child is NOT a citizen as of yet.

          Your child will have to go through a greencard process which requires you and the child to enter and reside in the US for some time, however short, and through the Child citizenship ACT, the child will become a citizen via being an LPR.

          Read: http://uscis.gov/graphics/publicaffa...ts/adopted.htm

          Notice the child MUST become an LPR first.You cannot use the N-600K because your child is NOT a citizen because the child was born BEFORE you became a citizen.

          Comment


          • #6
            Actually, when you become a citizen, you can immediately file an 1-130 and 1-485 at the same time. Because you are a citizen, your child goes into the first category (Family 1st). When your (child's) time comes and they are issued the visa, they can get the green card.

            You do need to be physically present and file taxes.

            You may wish to consult a lawyer about your specific situation, which sounds more complicated.

            Comment


            • #7
              Please note that if you are outside the US working for the US government you can take advantage of all laws AS IF you were in the US.

              Otherwise, in your current situation you need to wait until you return to the US to file for your child.

              Make sure you file your taxes on worldwide income otherwise you may be in deep trouble when you come back to the US.

              Comment


              • #8
                Marasmus and Dragonlady,

                thanks again for your precious advice.

                How long does it take for the visa to be issued
                from the time I file the I-130?

                Stefano

                Comment


                • #9
                  Not sure - supposed to be a shorter time because you are a citizen.

                  Go to USCIS: Processing Dates:

                  1-130 California Processing cases filed before Sept 2 2005/Texas - same/Vermont: Dec.3 2005

                  Then it will go to the National Visa Center.
                  They will issue visa. Supposed to send it to District Office.

                  Then to District Office for 1-485 interview. (You can check this online too) Get the green card there.

                  Comment


                  • #10
                    Hi Dragon Lady,
                    Can you please advise if the 5 years physical presence requirement for the USC grandparent when applying form N600K, need to be AFTER naturalization and where it is stated?


                    Thanks

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jmizzi:
                      Hi Dragon Lady,
                      Can you please advise if the 5 years physical presence requirement for the USC grandparent when applying form N600K, need to be AFTER naturalization and where it is stated?


                      Thanks </div></BLOCKQUOTE>

                      Hi Jmizzi and welcome,

                      You responded to a 3-year old thread. It might be better to start your own with more information to get some help here.

                      Comment

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