Do I need to appy for N-600 for my kid's citizenship!

sarwarmd

Registered Users (C)
Hello All,
First of all thank for visitng this message.
Please look at my signature. I am going to apply for N-400 for my spouse. I am wondering whether do I need to apply for N-600 for my kids when they have my kid's I-130s pending!
I am trying to get my kids citizenship as soon as possible.
I want to have my kids US passports and citizenship as soon as possible. It is impacting their opportunities in their education.
I am delaying my own citizenship to avoid any complicate scenario for my kids.
 

nkm-oct23

Registered Users (C)
Your kids can derive citizenship only after they get their green cards AND one or both parents get US citizenship. You cannot file N-600 before both these 2 things happen.
 

Jackolantern

Registered Users (C)
I am going to apply for N-400 for my spouse.
Your spouse must file their own N-400, you cannot apply for it for your spouse.
I am wondering whether do I need to apply for N-600 for my kids when they have my kid's I-130s pending!
Your kids are not eligible for N-600 while their I-130 is pending. They must complete the green card process first, and they must be under 18 when they get the green card, and at least one parent must have US citizenship. If your 17 year old turns 18 before either you or your spouse becomes a citizen, that would make him/her ineligible to derive citizenship.

I am delaying my own citizenship to avoid any complicate scenario for my kids.
I take it you have heard of those cases where children had their long-pending derivative I-485's denied when the primary got naturalized. Unless the courts or USCIS or Congress have put a stop to that insanity, I agree that it is a good idea to delay your citizenship until after your spouse is able to file I-485 for your kids (unless you plan to file I-130 and I-485 for them immediately after you naturalize).
 
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sarwarmd

Registered Users (C)
I do not think that I need to apply I-130 and I-485 another time for my kids

Your spouse must file their own N-400, you cannot apply for it for your spouse.

Your kids are not eligible for N-600 while their I-130 is pending. They must complete the green card process first, and they must be under 18 when they get the green card, and at least one parent must have US citizenship. If your 17 year old turns 18 before either you or your spouse becomes a citizen, that would make him/her ineligible to derive citizenship.


I take it you have heard of those cases where children had their long-pending derivative I-485's denied when the primary got naturalized. Unless the courts or USCIS or Congress have put a stop to that insanity, I agree that it is a good idea to delay your citizenship until after your spouse is able to file I-485 for your kids (unless you plan to file I-130 and I-485 for them immediately after you naturalize).[/QUOTE]

Jackolantern,
Thanks a lot for your reply. My kids I-485 and I-130s are already pending. Can you please have a look at my signature! I do not think that we need to apply I-485 and I-130 another time for our kids. Our kids I-485s are pending based on my (I am the primary) EB3 based employment based greencard. Our kids I-130s are filed by my spouse. Does it matter if 485s are from my side and 130s are based on my spouse applications?
 
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sarwarmd

Registered Users (C)
Sequence steps which I need to follow now

Your kids can derive citizenship only after they get their green cards AND one or both parents get US citizenship. You cannot file N-600 before both these 2 things happen.

Hi nkm-oct23,
Thanks a lot for your reply. Can you please recommend me the sequence steps which I need to follow now!
I am not delaying my spouse's N-400 due to any reason. I just delay applying by one week and not more than that. I gave my spouse eligibility dates in my signature. My spouse will be applying her N-400 at the end of first week of June-2012.

My spouse will be applying her N-400 application but I am the sole coordinator in my house.

Our kids are lawfully admitted in the US and intended for permanent residence. My understanding is that in this case, it is not required to have permanent resident card. Is it not correct?
 
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Jackolantern

Registered Users (C)
My kids I-485 and I-130s are already pending. Can you please have a look at my signature! I do not think that I need to apply I-485 and I-130 another time.

Their I-485s are pending as derivatives based on your EB3 green card, and are not connected to the I-130 filed by your spouse. For them to get a green card based on the existing I-130, a new I-485 must be filed for each of them, or the old I-485 must be "interfiled" to have it connected with the I-130 instead of your EB3 GC. But their family-based I-485 cannot be filed (or interfiled) unless the I-130 priority date is current.

You don't have to file I-130 and I-485 for them, unless you want them to get their green cards through your petition instead of your spouse's petition.
 

sarwarmd

Registered Users (C)
What is the interfiling application number?

Their I-485s are pending as derivatives based on your EB3 green card, and are not connected to the I-130 filed by your spouse. For them to get a green card based on the existing I-130, a new I-485 must be filed for each of them, or the old I-485 must be "interfiled" to have it connected with the I-130 instead of your EB3 GC. But their family-based I-485 cannot be filed (or interfiled) unless the I-130 priority date is current.

You don't have to file I-130 and I-485 for them, unless you want them to get their green cards through your petition instead of your spouse's petition.

Hello Jackolantern,
Thanks a lot for your response. My whole idea is to get the citizenship to our kids as soon as possible. It is badly impacting financially due to ineligibility to some of the scholorships.

Is there any particular application which we need to file interfile the pending I-485 application to be approved based on my spouse filed I-130! If yes, what is the application number!
 

Jackolantern

Registered Users (C)
Is there any particular application which we need to file interfile the pending I-485 application to be approved based on my spouse filed I-130! If yes, what is the application number!
The I-485 cannot be interfiled to link it with the I-130 until your spouse is a citizen or the priority date becomes current (which would probably be late 2014 or early 2015, based on the I-130 filing dates in December/January). And then there could be another 3-6 months to complete the I-485 process. Which means your 17-year old will probably turn 18 before his/her green card is approved, and turning 18 without a green card would mean being disqualified from derivative citizenship.

There is no specific form for interfiling.
 

sarwarmd

Registered Users (C)
Is there any chance that our 17 years old daughter getting her I-485 approved before her 18th birth?

The I-485 cannot be interfiled to link it with the I-130 until your spouse is a citizen or the priority date becomes current (which would probably be late 2014 or early 2015, based on the I-130 filing dates in December/January). And then there could be another 3-6 months to complete the I-485 process. Which means your 17-year old will probably turn 18 before his/her green card is approved, and turning 18 without a green card would mean being disqualified from derivative citizenship.

There is no specific form for interfiling.

Jackolantern,
I really appreciate your responses. My spouse will be filing her N-400 in the next week end i.e. on 06-08-2012. Let us assume that my wife will become a US citizen in Oct-2012.

I-130 has been approved for our 17 year old daughter. 17 year old daughter is becoming 18 in January 2013.
Is there any chance that our 17 years old daughter getting her I-485 approved before her 18th birth day!
 

Jackolantern

Registered Users (C)
Jackolantern,
I really appreciate your responses. My spouse will be filing her N-400 in the next week end i.e. on 06-08-2012. Let us assume that my wife will become a US citizen in Oct-2012.

I-130 has been approved for our 17 year old daughter. 17 year old daughter is becoming 18 in January 2013.
Is there any chance that our 17 years old daughter getting her I-485 approved before her 18th birth day!

Your wife's naturalization if it happens in Oct 2012 would leave just 3 months to your daughter's 18th birthday, but with an already-approved I-130, I-485 approval is possible in that time frame.

However, you need to make sure everything is done right so there are no delays introduced by your mistakes. Schedule a consultation with an immigration lawyer (one who has experience with I-485 interfiling) a few weeks before your wife's naturalization interview, explain the situation to the lawyer and ask the them to prepare the I-485 interfiling request and tell you what documents you need to send with it (that will include but is not limited to a copy of your green card and I-485 approval, the daughter's I-485 receipt, your I-140 approval notice if you have it, daughter's birth certificate, your marriage certificate and wife's naturalization certificate). The interfile request should include a paragraph asking them to expedite the I-485 because your daughter's 18th birthday is on January xx, 2013 and she would lose eligibility for citizenship under the Child Citizenship Act unless the I-485 is approved before that date.

Then gather the documents and wait for your wife to become a citizen. Once that happens and she gets her naturalization certificate, go back to the lawyer ASAP with it so he/she can finalize and sign the letter with the current date and mention the date of your wife's naturalization, have the lawyer double-check your documents, then take the lawyer's letter (with lawyer's letterhead) and send it to USCIS (don't have the lawyer handle the case all the way to the end, as that would be more expensive; you only want a couple of consultations to prepare the letter and check your documents then you'll send in everything yourself and handle it from there).

Also make sure your wife isn't missing any information or documents at the naturalization interview. Even though she was not the primary applicant for her green card, they may ask her some questions about your green card process, such as who sponsored your green card, when did you leave them, and what other job you took after leaving them. And make sure she has a copy and the original for both of your children's birth certificates (but she shouldn't show them unless asked).
 

sarwarmd

Registered Users (C)
Contacting attorney now

Your wife's naturalization if it happens in Oct 2012 would leave just 3 months to your daughter's 18th birthday, but with an already-approved I-130, I-485 approval is possible in that time frame.

However, you need to make sure everything is done right so there are no delays introduced by your mistakes. Schedule a consultation with an immigration lawyer (one who has experience with I-485 interfiling) a few weeks before your wife's naturalization interview, explain the situation to the lawyer and ask the them to prepare the I-485 interfiling request and tell you what documents you need to send with it (that will include but is not limited to a copy of your green card and I-485 approval, the daughter's I-485 receipt, your I-140 approval notice if you have it, daughter's birth certificate, your marriage certificate and wife's naturalization certificate). The interfile request should include a paragraph asking them to expedite the I-485 because your daughter's 18th birthday is on January xx, 2013 and she would lose eligibility for citizenship under the Child Citizenship Act unless the I-485 is approved before that date.

Then gather the documents and wait for your wife to become a citizen. Once that happens and she gets her naturalization certificate, go back to the lawyer ASAP with it so he/she can finalize and sign the letter with the current date and mention the date of your wife's naturalization, have the lawyer double-check your documents, then take the lawyer's letter (with lawyer's letterhead) and send it to USCIS (don't have the lawyer handle the case all the way to the end, as that would be more expensive; you only want a couple of consultations to prepare the letter and check your documents then you'll send in everything yourself and handle it from there).

Also make sure your wife isn't missing any information or documents at the naturalization interview. Even though she was not the primary applicant for her green card, they may ask her some questions about your green card process, such as who sponsored your green card, when did you leave them, and what other job you took after leaving them. And make sure she has a copy and the original for both of your children's birth certificates (but she shouldn't show them unless asked).

Hello Jackolantern,
I have no words to express my gratitudes for your help. Once after my wife receives her citizenship, I was thinking of going thru Senator but now I am chaning my plan to go thru an attorney as per your suggestion.
I am trying to contact Rajiv Khanna office for phone consultation on interfiling I-485. Probably I can do the interfiling I-485 at this time. I remember like mentioning pending I-485 number while applying for I-130s. As I understand, just mentioning pending I-485 in I-130 may not be enough for the pending I-485 to be approved.
 

BigJoe5

Registered Users (C)
Hello Jackolantern,
I have no words to express my gratitudes for your help. Once after my wife receives her citizenship, I was thinking of going thru Senator but now I am chaning my plan to go thru an attorney as per your suggestion.
I am trying to contact Rajiv Khanna office for phone consultation on interfiling I-485. Probably I can do the interfiling I-485 at this time. I remember like mentioning pending I-485 number while applying for I-130s. As I understand, just mentioning pending I-485 in I-130 may not be enough for the pending I-485 to be approved.

I don't do this often BUT I recommend making an InfoPass appointment as soon as possible and specifically asking to discuss your situation with the naturalization/citizenship Supervisor or Branch Chief (whatever they have in that office). The timelines are cutting things close, especially when it comes to the scholarship issue for your older child. It seems like a "feel good story" in the making that USCIS would probably like to use for positive press and public relations.
 

sarwarmd

Registered Users (C)
May I discuss I-485 Interfiling issue with Supervisor/Branch Chief at Baltimore, USCIS

I don't do this often BUT I recommend making an InfoPass appointment as soon as possible and specifically asking to discuss your situation with the naturalization/citizenship Supervisor or Branch Chief (whatever they have in that office). The timelines are cutting things close, especially when it comes to the scholarship issue for your older child. It seems like a "feel good story" in the making that USCIS would probably like to use for positive press and public relations.

Hello BigJoe5,
Thanks a lot for your response. You are suggesting me to take an Infopass appointment to discuss my 17+ daughter's i-485 interfiling issue. Probably I can also have my spouse (wife) applied for her N-400 without linking InfoPass appointmnet.
I mean, Interfiling I-485 with I-130 and my spouse filing her N-400 can happen independently and at the same time!
What do you think?
 

BigJoe5

Registered Users (C)
Hello BigJoe5,
Thanks a lot for your response. You are suggesting me to take an Infopass appointment to discuss my 17+ daughter's i-485 interfiling issue. Probably I can also have my spouse (wife) applied for her N-400 without linking InfoPass appointmnet.
I mean, Interfiling I-485 with I-130 and my spouse filing her N-400 can happen independently and at the same time!
What do you think?

If you make the effort to give them advance notice of the situation, they will be more likely to help. If you wait until the last second, expect failure. Leave nothing out of the discussion. It is the END RESULT that you and they should be looking at.
 
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Jackolantern

Registered Users (C)
I mean, Interfiling I-485 with I-130 and my spouse filing her N-400 can happen independently and at the same time!
What do you think?

No, you cannot interfile the I-485 and have your spouse's N-400 filed at the same time. You can go ahead and set up the attorney consultation right now, but your children are not eligible for the family-based I-485 (whether filed as a new one or by interfiling the old one) until the petitioner (your spouse) becomes a US citizen OR the I-130 priority date becomes current, which would probably be late 2014 or early 2015, as I mentioned above.
 

sarwarmd

Registered Users (C)
Thank you

If you make the effort to give them advance notice of the situation, they will be more likely to help. If you wait until the last second, expect failure. Leave nothing out of the discussion. It is the END RESULT that you and they should be looking at.

BigJoe5,
Thank you
 

sarwarmd

Registered Users (C)
Filing N-400 first and following up with InfoPass appointment

No, you cannot interfile the I-485 and have your spouse's N-400 filed at the same time. You can go ahead and set up the attorney consultation right now, but your children are not eligible for the family-based I-485 (whether filed as a new one or by interfiling the old one) until the petitioner (your spouse) becomes a US citizen OR the I-130 priority date becomes current, which would probably be late 2014 or early 2015, as I mentioned above.

Jackolantern,
Thanks a lot for your response! Yes, I remember that you are mentioning about employment based I-485 and I-130 scenario.

I am thinking that my wife can have file her N-400 now first. That should help us in getting application receipt number for her N-400. Once my wife has her N-400's receipt number, it should be more helpful when we take the InfoPass appointtment. My plan is to visit InfoPass apointment office together with my wife.
I will be talking to attorney mostly in the next week. Probably my wife will be filing her N-400 in the mean time.
 

sarwarmd

Registered Users (C)
Response/Update from one of the attorneys

Jackolantern,

Here is the update or response I have from one of my attorneys.


From: Augustus A. Brew, Esq. (xxx@yahoo.com)
Sent: Mon 6/04/12 9:28 AM
To: M Sarwar (xxx@hotmail.com)


That is not the procedure.

But when she goes for her N400 interview and she is sworn in, she should do an infopass and submit the copy of naturalization certificate, and children's 130 and 485 and request for case preference update and interfiling of 1-485 from employment-based case to family-based case.


From: M Sarwar <xxx@hotmail.com>
To: Augustus Brew <xxx@yahoo.com>
Sent: Saturday, June 2, 2012 8:36 PM
Subject: RE: Do we need to file any application for I-485 interfiling?

Hello Mr. Brew,
Thanks for your response!
Do you recommend us to attach I-130, I-485 copies alongwith N-400 application?
Thanks,
Sarwar
 
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Jackolantern

Registered Users (C)
I suggest you remove your email address from that post, otherwise spammers will grab it and use it to send you spam.
 
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