N600

A

ahalmoht

Registered Users (C)
Dear All,

My baby was born in Canada last July and we are going back to USA in September inshallah. I was thinking to apply n600K for her, but I called USCIS and they advice me if you are going back to USA wait till be in USA then apply N600, Are you agree?

When my baby enter USA by her Canadian passport, will she be legally in USA? I mean it is okay to stay 6 months in USA by her Canadian passport?

Thanks
 
You should apply for the baby's US passport at a US consulate in Canada. Worry about N-600 later after you've moved to the US.
 
Well you have to give more information because your post is very confusing. N-600 and N-600K are very different things. N-600 is to apply for a certificate for people who are already U.S. citizens. The only way that this would be applicable is if you're a U.S. citizen and petition the baby to immigrate and they get an immigrant visa and enter the U.S., thus getting a green card and automatic citizenship. On the other hand, N-600K is for children who are not already U.S. citizens, but whose parents are U.S. citizens, and to use a grandparent's presence in the U.S. to count.

Some questions: Are you the father or mother? Are you a U.S. citizen? You became a U.S. citizen after the baby was born? (Since the baby has not left Canada, that means you left the baby to go to the U.S. to take the oath?) What is the other parent's status this whole time?
 
I found a similar thread created by the OP a couple weeks ago. This is another example of why it is a bad idea to create multiple threads for the same situation. Multiple threads make people lose the background information and makes it harder to give relevant answers. Newacct is confused because so much information is missing.

http://forums.immigration.com/showthread.php?560299-N-600k&p=2643509#post2643509
ahalmoht said:
Thank you for your reply.

My point when my baby was born, her mother had a Green card with foreign nationality and at time of preparing the form, she has a US citizen.

So when they ask about her, they mean at the time of baby's birthday or at the time for filling this form?
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It appears that the baby would have been eligible for the provision that grants instant permanent resident status at the port of entry to children born abroad to permanent resident mothers if the baby is accompanied by a parent on their first trip to the US since the birth ... but it is too late for that because both parents have already been to the US since the birth (both became US citizens after the birth, which would require being in the US for the naturalization oath).
 
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Are you the father or mother? Father

Are you a U.S. citizen? Yes, i get it after her born date.

You became a U.S. citizen after the baby was born? (Since the baby has not left Canada, that means you left the baby to go to the U.S. to take the oath?) Yes i did many trips to USA for oath and some meetings and i left the baby and her monther in Canada. Also we did some trip to USA with the baby ( Mother and father and the baby) i used her birth certificate to cross the boarder becuase i went by land.

What is the other parent's status this whole time? The mother is a USC at birth( she dosent spend 5 years inside USA)

So i think i can not use N600K cuse i will be back to USA next month and this form for who live aboard, right?

What will happend if my baby enter USA by Canadian passport abd then apply N600???

Thanks
 
ahalmoht said:
So i think i can not use N600K cuse i will be back to USA next month and this form for who live aboard, right?
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If the baby's mother still lives abroad and will continue living abroad during the N-600K process, she can file N-600K for the baby.

What will happend if my baby enter USA by Canadian passport abd then apply N600???
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N-600 will be rejected, because the baby is not already a USC.

One of you would have to file for the baby's green card, then once the green card is approved the baby would be eligible for derivative citizenship and N-600.
 
If the baby's mother still lives abroad, she can file N-600K for the baby.
You are right, but whe will move with me next month and i call USCIS and they said if you are moving back you should't apply N-600K.
What do you think?

Okay to apply for green card which form i have to use?

No problem the baby to be in USA by her canadian Passport?

Thanks
 
You might have a problem bringing the baby with her Canadian passport. With two US citizen parents, they're probably going to be curious about why the baby doesn't have a US passport, and probably won't believe the baby is only going to be a tourist who will be taken back to Canada within 6 months. Depending on how the questioning goes from there they could end up refusing entry, or letting the baby enter with a warning to you about sorting out the baby's citizenship situation ASAP.

If they let the baby enter, either of you could file for her green card with form I-130, I-485, and related papers (see post #4 of the "Do it yourself" thread: http://forums.immigration.com/showt...een-Card-Do-it-Yourself&p=1975217#post1975217). Note that you should file I-864W instead of I-864, because the baby would become a US citizen upon green card approval and thus would be exempt from the I-864 requirements.

After the baby's green card is approved, you can use the green card along with proof of your and your spouse's citizenship to apply for N-600 and/or a US passport.
 
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It is highly likely that the baby will be allowed in and then one of the parents must file the I-130 and I-485, plus do the medical exam etc.. However, upon I-485 approval the baby will be a USC so NO I-864 is required. If an N-600 is immediately filed after I-485 approval (showing only the I-551 stamp as proof of LPR status) then USCIS is likely to expedite the Certificate and withhold any greencard for the baby.
 
Thank you guys for your replies.

As i understand from the instruction, I-485 to get a GC and i am looking for citizenship.

I called USCIS and they said you can get the Citizenship direct without going through GC process.

What is your advises?
Thanks
 
ahalmoht said:
Since i am leaving Canada to USA i cant use that form right?
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Correct. One of you and the baby would have to live abroad for the N-600K process.

Otherwise if all of you are moving to the US soon, you'll have to apply for the GC, then upon GC approval the baby would derive US citizenship.
 
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