N-600K Question?

[ConfusedAussie]

I'm trying to get my kids citizenship and my best guess is I should do it via N-600K but am not entirely sure. I'm wondering if someone could help point me in the right direction.

I'm a US citizen and have 2 kids that live in Australia (Australian passports/citizens) with their mom (ex wife) and I have been residing in the US 1 year (living here and working full time).

My kids grandmother has been living and working here 20 years which appears to match the N-600K requirements … however as I live and work in the USA now does this mean they don’t meet the eligibility requirement?:

• Be residing outside the United States in the legal and physical custody of the U.S. citizen parent;

I go back and visit them at least 3 times a year and am Bringing them over here for a month in January, is that enough to meet the eligibility requirement?

Is this even the best way to approach citizenship? Ideally the plan is to have them living with me here in the next 1-3 years.

 

[newacct]

Since you say you plan to have them live with you in the US, the INA 322 process (with N-600K) is not appropriate. The INA 322 process requires the kids to enter the US as nonimmigrants (in their case probably on the Visa Waiver Program) to attend the interview and take the oath, but they need to convince the officer that they do not have immigrant intent to enter as visitors.

Instead, the appropriate route would be to petition them to immigrate with I-130, and they would get immigrant visas. When they enter the US with their immigrant visas, they will immediately become US permanent residents (green card holders), and also immediately become US citizens under INA 320 as permanent residents under 18 living in the US with a US citizen parent.