dchand79

Hello all,

My kiddo is in USA in K-4 status. I am a naturalized US citizen(working and residing in US for last 10yrs), and my kiddo was born a few months before I became a citizen and hence not a US citizen by default.

One of my options for my kid to be an US citizen is to apply for AOS (I-485) as she already as 130 approved(as the day my kid becomes a permenant resident she becomes a citizen).

I am just wondering if instead of doing AOS if I can directly file for N600K. The instructions say as long as my kid is in valid non-immigrant status i should be able to file for N600K but i wanted to make sure I can file N600K now that my kid is living with me on K4 visa in USA. I am preferring this approach becoz it is cheaper and I can also get the certificate of citizenship without paying extra.

Regards.

dreamercon

N600K applies to those US citizens that live abroad. You should file an I-485 for your "kiddo."

meauxna

And what about your K-3 spouse?
I think there's a discount for filing the 2 AOSs together.

S Folinsky

Comment: Your question is a good one.

Observation: This may be one of those cases where a consultation with an immigration lawyer may be an EXCELLENT idea.

No advice given nor intended.

dchand79

Thank you for the replies. FOr my wife on K-3 i will be doing an AOS and if I cannot file for N600K i would be concurrently doing an AOS for my child too. It looks like I will be paying only $600 if I file concurrently with my wife's AOS.

The only reason i am confused is because the N600K doesnt say anything about the US citizen parent to be living primarily out of USA. Section 322 only talks about the child being in legal status. I probably will just do an AOS but just found it interesting when i read about N600K.

meauxna

The form download page says, at the top:

Application for Citizenship and Issuance of Certificate under Section 322

Purpose of Form :
For a child who regularly resides abroad to claim U.S. citizenship based on parentage.

The form instructions say:

Who May Use Form N-600K?
The following individuals may use this form:

1. A U.S. citizen parent seeking citizenship on behalf of a minor adopted or biological child under section 322 of the Immigration and Nationality Act (INA) (providing for citizenship through an application process for biological and adopted children who regularly reside outside of the United States and meet certain conditions while under the age of 18 years).

dreamercon

Did you really read INA 322? I have it in front of me and INA 322(a)(4) says:

"The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application). "

If you choose to do your own research and go against the flow, at least do it carefully!

dchand79

You are right. The child should reside out of USA but ALSO should maintain legal status in USA. The legal status is a requirement. And thats what is the source of confusion. Becoz K4 is a NON-immigrant visa.

And when you say non-immigrant visa dont you mean your stay is temporary. So my whole question is K4 treated as being primarily resident out of USA.

dchand79

Before yelling at me you should perhaps read INA 322 carefully once again
Below is from INA 322(a)(2)(4) . "Temporarily present in the United States" is part that got me off since I am not clear on if K4 is considered being temporary.

(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

S Folinsky

Observation: you ask excellent questions.

Further observation: no good advice by anybody can be given without proper and complete facts. It is a good idea to careful on the amount of fees. Failure to be careful can cost extra money.

This is a general comment only. No advice given nor intended.

dreamercon

A child in the legal and physical custody of a parent resides at the same place as that parent. Since you reside in the US, your child also resides in the US. Or, your child resides abroad but is not in your physical custody. In both of those cases though, INA 322 would be inapplicable.

dchand79

I think i will do some research tonight on Westlaw and see if there is any Case Law on how courts interpreted Legal and Physical custody (if at all any). I probably wont go N600K route but I am now just curious on how this act has-been/might be interpreted.

dreamercon

The Gallagher Immigration Law Service Treatise on westlaw talks about this on § 14:218.