Child abroad and citizenship application

N

Nestor67

Registered Users (C)
Hello All.
Sorry for this question, I have done very few research in the forum regarding my question.

I am living here but my child is living abroad.

When applying for my citizenship and then becoming a citizen will my child become a citizen at the same time?

Form N-400 has a part about children (Part 9: Information about your children) and Instructions for N-400 requests to mention whether the children live with the parent or not but it's not clear in regard to my case.

I think that a child (under 18) with a GC becomes a US citizen when one of the parent (with GC) becomes a US citizen.
But what about children abroad (hence with no GC)?

Can my child, living abroad, become a US citizen through me (= at the time I become a US citizen) or do I have to file a N-600K for her once I am US Citizen?

I will appreciate replies concerning this case

Thank you
N
 
Looks like the naturalization guide (M-476.pdf) repliesmy question:
It says, on page 18 of 58

U.S. citizens with children by birth or adoption (stepchildren do not qualify) who do not regularly reside
in the United States, may apply for citizenship for such a child if all of the following conditions are met:
• The child is under 18 years of age; and
• The child is not married; and
• The child regularly resides outside the United States; and
• The child is temporarily present in the United States pursuant to a lawful admission and is
maintaining such lawful status; and
• The child is in legal and physical custody of a parent who is a U.S. citizen; and
• The child is the U.S. citizen’s legitimate child, or was legitimated before the child’s 16th birthday
(children born out of wedlock who were not legitimated before their 16th birthday may be eligible
for this procedure through his or her mother);

So I understand that at the time of citizenship my child won't become a citizen because she has no GC.
Once a citizen I have to apply (if not already done) for a GC for her.
Once she gets her GC she has to enter the US (live temporarily, how long?) and then claim her citizenship (she meets age and custody conditions).

Am I correct?

Thanks for your advices
 
I just read Section 322 of the Immigration and Naturalization Act (INA)
and I understand that I do not need to get a GC for her.
I just have to bring her in the country and file a N-600K once I become a US citizen.

Is my interpretation correct?
Thank you
 
The main problem I see here is that your child is not in your legal and physical custody. Other than that what I understand from reading the law is what you interpret. That is that it is enough for the child to be in the US with any valid status (I-94). However, I don't know if you still need to file N-600K, you probably have. Again, the main obstacle can be the lack of legal and physical custody.
 
I think N-600K is necessary in this case (abroad born child of a US citizen married to a non-citizen spouse).
Regarding legal and physical custody I see 2 solutions:
Go back to the foreign country and live with the child and mother
or
Bring the child and the mother to the US.

Do you share my thoughts?
Thank you
 
I think your thoughts are correct. I hope more people chime in to answer your questions. You might end up having to hire an experienced lawyer, as it might depend on whether you are divorced, never married, when did you recognize/legitimated the child and similar questions. I am also not very sure about the evidence needed for legal custody, but I guess you would need some sort of court document.
 
Please bear with me. I haven't gone through this forum top-down yet but my friend from NJ suggested that I post my question for a quicker response.

I am about to file N-400 this week with the assumption that my daughter (10th grade) is not eligible for citizenship until she attains 18 years of age. I thought I go ahead and get my citizenship done first and then apply N-600k for her. I now find out that my earlier assumption stands wrong and I can instead apply for her citizenship along with mine. My daughter is 15+ and lives with me.

Can some one guide me through and advise?

Thanks
 
Citizen001 said:
Please bear with me. I haven't gone through this forum top-down yet but my friend from NJ suggested that I post my question for a quicker response.

I am about to file N-400 this week with the assumption that my daughter (10th grade) is not eligible for citizenship until she attains 18 years of age. I thought I go ahead and get my citizenship done first and then apply N-600k for her. I now find out that my earlier assumption stands wrong and I can instead apply for her citizenship along with mine.
Click to expand...
She is not eligible for citizenship via her own N-400 process until age 18, but she can derive citizenship from you at any age under 18. Once you become a citizen with her residing legally and physically with you in the US, she automatically becomes a citizen at the same time. In such a situation, you wouldn't have to apply for her citizenship; you would apply only for your own citizenship, she would automatically become a citizen at the same time you did, and then you apply for proof of her citizenship (passport or N-600). N-600K is different and would be applicable only if she is living outside the US.
 
Thanks Jack

So I don't have to do anything other than filling up N-400 for my-self. Thats it. Right? I know Part 9 Sec B asks for details of all sons and daughter. Has this got anything to do with N-600 later.

Forum: Any one else gone through this, please share your thoughts/ experience. My application is going to go out this Friday and I need to be sure if I add daughters info. Once the application is out, it will take more time.

Sincere regards
 
Citizen001 said:
So I don't have to do anything other than filling up N-400 for my-self. Thats it. Right? I know Part 9 Sec B asks for details of all sons and daughter. Has this got anything to do with N-600 later.
Click to expand...
It's mostly for informational purposes and to check if you are paying child support (if applicable). But maybe they do cross-check it with future N-600 and N-400 applications (e.g. some people applying for N-400 have been told at the interview that they are probably already a citizen because one or both of their parents naturalized when they were under 18 ... perhaps they connected the info from the parents' N-400).

Forum: Any one else gone through this, please share your thoughts/ experience. My application is going to go out this Friday and I need to be sure if I add daughters info.
Click to expand...
You need to add info for all of your children, regardless of where they are living or whether you want them to become citizens or not.
 
I am also confused on this one, especially the physical and legal custody part.

My ex wife and son live outside the US and she has full custody, I have visitation, he comes here for vacation and i go to see him when i can. I would like to get him citizenship but i understand that this will not be possible because i do not have custody.

However, when he comes to visit me on his visa i do have physical and legal custody for those periods, as his mother signes a letter each time just in case immigrartion ask for something at the airport, but they never do, but this letter is more to prevent child kidnapping/smuggling etc. so its not offical custody just temporary while he is with me.

I have read all the guides but still can't clear up this part in my mind.

Any views appreciated!
 
Thank you Jack

So do I apply N-600 for her after I get my Citizenship certificate, I mean after the oath ceremony or do it before at the time of interview??

Appreciate your help.

Thank you so much
 
Citizen001 said:
So do I apply N-600 for her after I get my Citizenship certificate, I mean after the oath ceremony or do it before at the time of interview??
Click to expand...
You are not a US citizen until you complete the oath. You have to wait until after the oath to file the N-600 and/or apply for your child's US passport.
 
Jackolantern said:
You are not a US citizen until you complete the oath. You have to wait until after the oath to file the N-600 and/or apply for your child's US passport.
Click to expand...

Also, you are not required to file for N-600. This costs around $500 (?). You may simply apply for a passport for her. A passport is just as much as an evidence of US citizenship as an N-600 is.
 
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