N600K application for adopted daughter - more than 3 years

[BlueSkies]

Hello Everyone. I have enjoyed reading these forum posts and this gave me the courage to post my query here and see if anybody can help me.

My wife and I are both Canadian citizens and adopted our daughter from Mexico (Hague Convention country) a few years ago. We completed the adoption process as Canadian citizens and our daughter is a Mexican and Canadian citizen.

My wife is also a US citizen and we have been residing overseas for the past few years (in Middle East and Asia). In January 2019, my wife filed an N600K application to obtain a Certificate of US Citizenship for our daughter. It has now been more than 3 years and the application has not moved. Not even the initial biometrics appointment has been set up.

Every query we have sent through the USCIS portal has been responded to with the standard reply that the application is being reviewed, or that the query has been forwarded to the NY District Office. The NY District Office would then respond with the same standard reply.

Recently, my wife and daughter were in New York on a visit and so my wife applied for a US passport for our daughter (and submitted all the relevant documentation and court records). We received a response from the Passport Office that to process the application, they would need proof that my daughter was a Legal Permanent Resident (which she is not, as she was visiting on a B2 visa) or we would need to provide a Certificate of Citizenship (which we could not as it has not been processed).

Has anyone experienced any similar delays and would anyone know of a better way to get my daughter her US Citizenship.

Hopeful,
BlueSkies

 

[newacct]

If you guys remain residing abroad, then the INA 322 naturalization process (which you filed with N-600K) is the way to go. Why does it matter how long it takes as long as they are able to finish it and she is able to take the oath before she turns 18?

If you guys move to the US, then the proper way would be to petition her to become a permanent resident, and then she would immediately become a US citizen.

 

[BlueSkies]

If you guys remain residing abroad, then the INA 322 naturalization process (which you filed with N-600K) is the way to go. Why does it matter how long it takes as long as they are able to finish it and she is able to take the oath before she turns 18?

If you guys move to the US, then the proper way would be to petition her to become a permanent resident, and then she would immediately become a US citizen.

Thank you for the quick response. When we filed the N600K, the processing time was about 18 months, hence my concern that there has been no movement in the application in more than 3 years.

We will likely be moving back to the US in about 3 years time. Do I understand from you that at that time (if the N600K is not done), my wife can then simply petition our daughter as an immediate relative via I-130, then filing I-485 for the green card? And once my daughter gets the green card, she will have to wait 5 years before qualifying for citizenship?

Thanks for your help.

 

[newacct]

And once my daughter gets the green card, she will have to wait 5 years before qualifying for citizenship?

When the I-485 is approved, your daughter becomes a US permanent resident, and (assuming she hasn't turned 18) also immediately becomes a US citizen under INA 320, as a permanent resident under 18 living in the US with a US citizen parent. No action or application is necessary. It is automatic and involuntary, and she can apply for a US passport immediately.

However, she should not enter the US as most types of nonimmigrant with the intent to file I-485 during that stay. So the proper way is to petition her with I-130 ahead of time and do Consular Processing for an immigrant visa. When she enters the US with her immigrant visa, she becomes a permanent resident and also immediately becomes a US citizen.

 

[BlueSkies]

When the I-485 is approved, your daughter becomes a US permanent resident, and (assuming she hasn't turned 18) also immediately becomes a US citizen under INA 320, as a permanent resident under 18 living in the US with a US citizen parent. No action or application is necessary. It is automatic and involuntary, and she can apply for a US passport immediately.

However, she should not enter the US as most types of nonimmigrant with the intent to file I-485 during that stay. So the proper way is to petition her with I-130 ahead of time and do Consular Processing for an immigrant visa. When she enters the US with her immigrant visa, she becomes a permanent resident and also immediately becomes a US citizen.

Thank you. Your responses have been eye openers for me!

Just a couple more quick questions. Consular Processing - is this as straightforward as getting a visa stamp at the US Consulate where we are, or is it a more lengthy/involved process? Any idea on the processing time for an I-130 filed abroad for a child? Many thanks.

 

[BlueSkies]

Thank you. Your responses have been eye openers for me!

Just a couple more quick questions. Consular Processing - is this as straightforward as getting a visa stamp at the US Consulate where we are, or is it a more lengthy/involved process? Any idea on the processing time for an I-130 filed abroad for a child? Many thanks.

I've started looking at the I-130 and noticed that the only box for adopted child is "child was adopted (not an orphan or Hague Convention adoptee)". Would you know if there is a different form for a child adopted from a Hague Convention country? If not, is it okay to tick this box?

[Since this is related to I-130, I have also posted this question in the "Family Based Green Card" forum.]

 

[newacct]

Thank you. Your responses have been eye openers for me!

Just a couple more quick questions. Consular Processing - is this as straightforward as getting a visa stamp at the US Consulate where we are, or is it a more lengthy/involved process? Any idea on the processing time for an I-130 filed abroad for a child? Many thanks.

Your wife would file I-130, and then USCIS takes several months to approve it, and then it goes to NVC for Consular Processing, and at that point more documents will be required. The whole process from filing I-130 until getting the immigrant visa at the consulate will take more than a year.

 

[BlueSkies]

Your wife would file I-130, and then USCIS takes several months to approve it, and then it goes to NVC for Consular Processing, and at that point more documents will be required. The whole process from filing I-130 until getting the immigrant visa at the consulate will take more than a year.

Thank you very much!