Filing N400 and N600 while I 751 pending
Oct 7th 2009, 3:22 am
#1
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Joined: Sep 2009
Posts: 129
Filing N400 and N600 while I 751 pending
Hello,
can anybody please give me an advise.
I have a very complicated (my ex acused me of committing fraud marriage) I-751 waiver (good faith marriage) pending for 2,5 years now.
I came to US with my minor child and she is included on my I-751 waver
While it is pending I dot married again, had another child and my current husband adopted my oldest child.
In order for us to move somehow i 751 I want to file N400 for myself and N600 for my adopted by us citizen child, hoping that it will push i 751 somehow.
We already applied for my child us passport. I did not received it yet, but they said it was produced and mailed it to me.
Questions:
Do I have to let USCIS know about adoption and my child getting us passport while our with her i 751 pending
When I file n400 for myself and n 600 for her do I let them know
From the instructions where to send your application it's looks like I have to send N 400 and N 600 to different places or should I just send them both together somewhere to one place
What does it mean to file applications concurrently
If I file n400 and n600 at the same time do I file them concurrently
There is one of the requirements to file n 600 for adopted child is that the child has to be in legal custody of us parent for 2 years. We are currently waiting for 2 years since the adoption
I'm already eligible to file n400, but I think I will wait 2 more months and file them both together.
I hope that if n 400 would not push i 751 then may be at least n 600 will.
But I will see what happens
Thank you
can anybody please give me an advise.
I have a very complicated (my ex acused me of committing fraud marriage) I-751 waiver (good faith marriage) pending for 2,5 years now.
I came to US with my minor child and she is included on my I-751 waver
While it is pending I dot married again, had another child and my current husband adopted my oldest child.
In order for us to move somehow i 751 I want to file N400 for myself and N600 for my adopted by us citizen child, hoping that it will push i 751 somehow.
We already applied for my child us passport. I did not received it yet, but they said it was produced and mailed it to me.
Questions:
Do I have to let USCIS know about adoption and my child getting us passport while our with her i 751 pending
When I file n400 for myself and n 600 for her do I let them know
From the instructions where to send your application it's looks like I have to send N 400 and N 600 to different places or should I just send them both together somewhere to one place
What does it mean to file applications concurrently
If I file n400 and n600 at the same time do I file them concurrently
There is one of the requirements to file n 600 for adopted child is that the child has to be in legal custody of us parent for 2 years. We are currently waiting for 2 years since the adoption
I'm already eligible to file n400, but I think I will wait 2 more months and file them both together.
I hope that if n 400 would not push i 751 then may be at least n 600 will.
But I will see what happens
Thank you
Oct 7th 2009, 3:50 am
#2
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Filing N400 and N600 while I 751 pending
You have a very complicated case, and I am not sure if I would add more paperwork to it by filing the N-400 just yet.
In normal cases, yes...the N-400 will force adjudiction of a pending I-751...but you have so many other things going on with your two marriages and children, your I-751 waiver, etc....I just think filing N-400 would make it even more complicated.
But that's just my layman's opinion.
Rene
In normal cases, yes...the N-400 will force adjudiction of a pending I-751...but you have so many other things going on with your two marriages and children, your I-751 waiver, etc....I just think filing N-400 would make it even more complicated.
But that's just my layman's opinion.
Rene
Oct 7th 2009, 3:55 am
#3
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Thread Starter
Joined: Sep 2009
Posts: 129
Re: Filing N400 and N600 while I 751 pending
I agree, but what are the choices I have been waiting for 2,5 years for an answer, any answer at least.
If I do not have enough evidence for my previous marriage why don't they just deny it.
If I do not have enough evidence for my previous marriage why don't they just deny it.
Oct 7th 2009, 4:56 am
#4
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Joined: Jul 2007
Posts: 601
Re: Filing N400 and N600 while I 751 pending
Hello,
can anybody please give me an advise.
I have a very complicated (my ex acused me of committing fraud marriage) I-751 waiver (good faith marriage) pending for 2,5 years now.
I came to US with my minor child and she is included on my I-751 waver
While it is pending I dot married again, had another child and my current husband adopted my oldest child.
In order for us to move somehow i 751 I want to file N400 for myself and N600 for my adopted by us citizen child, hoping that it will push i 751 somehow.
We already applied for my child us passport. I did not received it yet, but they said it was produced and mailed it to me.
Questions:
Do I have to let USCIS know about adoption and my child getting us passport while our with her i 751 pending
When I file n400 for myself and n 600 for her do I let them know
From the instructions where to send your application it's looks like I have to send N 400 and N 600 to different places or should I just send them both together somewhere to one place
What does it mean to file applications concurrently
If I file n400 and n600 at the same time do I file them concurrently
There is one of the requirements to file n 600 for adopted child is that the child has to be in legal custody of us parent for 2 years. We are currently waiting for 2 years since the adoption
I'm already eligible to file n400, but I think I will wait 2 more months and file them both together.
I hope that if n 400 would not push i 751 then may be at least n 600 will.
But I will see what happens
Thank you
can anybody please give me an advise.
I have a very complicated (my ex acused me of committing fraud marriage) I-751 waiver (good faith marriage) pending for 2,5 years now.
I came to US with my minor child and she is included on my I-751 waver
While it is pending I dot married again, had another child and my current husband adopted my oldest child.
In order for us to move somehow i 751 I want to file N400 for myself and N600 for my adopted by us citizen child, hoping that it will push i 751 somehow.
We already applied for my child us passport. I did not received it yet, but they said it was produced and mailed it to me.
Questions:
Do I have to let USCIS know about adoption and my child getting us passport while our with her i 751 pending
When I file n400 for myself and n 600 for her do I let them know
From the instructions where to send your application it's looks like I have to send N 400 and N 600 to different places or should I just send them both together somewhere to one place
What does it mean to file applications concurrently
If I file n400 and n600 at the same time do I file them concurrently
There is one of the requirements to file n 600 for adopted child is that the child has to be in legal custody of us parent for 2 years. We are currently waiting for 2 years since the adoption
I'm already eligible to file n400, but I think I will wait 2 more months and file them both together.
I hope that if n 400 would not push i 751 then may be at least n 600 will.
But I will see what happens
Thank you
Its slumber time now Alina, be sure to check tomorrow morning. Our savants have dozed off already. IMHO I would file for for the N400 to get the 751 moving, but I also agree with Noorah101. Sorry to be wavering, but as a layman I would not know what to do myself.
Oct 7th 2009, 12:00 pm
#5
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Filing N400 and N600 while I 751 pending
When I file n400 for myself and n 600 for her do I let them know
From the instructions where to send your application it's looks like I have to send N 400 and N 600 to different places...
... or should I just send them both together somewhere to one place
What does it mean to file applications concurrently
If I file n400 and n600 at the same time do I file them concurrently
If I file n400 and n600 at the same time do I file them concurrently
I'm already eligible to file n400, but I think I will wait 2 more months and file them both together.
I hope that if n 400 would not push i 751 then may be at least n 600 will.
Ian
Oct 7th 2009, 12:57 pm
#6
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Joined: Jul 2007
Posts: 601
Re: Filing N400 and N600 while I 751 pending
You have a very complicated case, and I am not sure if I would add more paperwork to it by filing the N-400 just yet.
In normal cases, yes...the N-400 will force adjudiction of a pending I-751...but you have so many other things going on with your two marriages and children, your I-751 waiver, etc....I just think filing N-400 would make it even more complicated.
But that's just my layman's opinion.
Rene
In normal cases, yes...the N-400 will force adjudiction of a pending I-751...but you have so many other things going on with your two marriages and children, your I-751 waiver, etc....I just think filing N-400 would make it even more complicated.
But that's just my layman's opinion.
Rene
Agreed that adding more paperwork at this stage will complicate an already scrambled situation. But I see only a 751 waiver to be approved now, the prior events have been successfully dealt with by the OP. She had her removal terminated, joint application withdrawn and replaced by a waiver. Many events but no conflicts.
Alina, I think you should take referrals from our house lawyers. You need a skilled counselor who can repair the problems with your stuck I 751. Filing for the N400 while the 751 is pending *could* turn out nasty. An IO from hell ( rare) acting subjectively can create more delays putting the N400 on hold.
Last edited by lostlove; Oct 7th 2009 at 12:59 pm.
Oct 7th 2009, 4:20 pm
#7
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Joined: Apr 2001
Posts: 46,391
Re: Filing N400 and N600 while I 751 pending
May I ask who advised you to file an N-600 for your child?
Once you become a USC, your child (if under the age of 18) will automatically become a US Citizen as well. The child should have a green card and that should be all that is needed.
1. Your naturalization;
2. You have custody of the child;
3. The child has a valid green card; and
4. The child is under the age of 18.
I believe the issue of the N-600 for an adopted child is if a foreign child is adopted by two USC's and not relevant to your child at all.
I would suggest that you consult with an immigration attorney on this before you file anything as expensive as the N-600.
Once you become a USC, your child (if under the age of 18) will automatically become a US Citizen as well. The child should have a green card and that should be all that is needed.
1. Your naturalization;
2. You have custody of the child;
3. The child has a valid green card; and
4. The child is under the age of 18.
I believe the issue of the N-600 for an adopted child is if a foreign child is adopted by two USC's and not relevant to your child at all.
I would suggest that you consult with an immigration attorney on this before you file anything as expensive as the N-600.
Oct 7th 2009, 4:46 pm
#8
Member
Joined: Apr 2001
Posts: 14,049
Re: Filing N400 and N600 while I 751 pending
Rete,
Are you recommending that a child who becomes a US citizen by action of law when their parent acquires citizenship should not obtain their own certificate of citizenship? This situation seems to be exactly one of those for which N-600 is intended.
I haven't filed an N-600 for my stepson yet, who became a citizen when my wife did last year, but I was planning to one of these days. The cost is a bit steep!
My thought is that someday in the future, when his mother and her immigration records are who knows where, it might come in handy (if he hasn't misplaced it). Although he does have a US passport his birth certificate would be of no help, in fact it would indicate that he is not a US citizen.
Can you expand a little on this?
Regards, JEff
Are you recommending that a child who becomes a US citizen by action of law when their parent acquires citizenship should not obtain their own certificate of citizenship? This situation seems to be exactly one of those for which N-600 is intended.
I haven't filed an N-600 for my stepson yet, who became a citizen when my wife did last year, but I was planning to one of these days. The cost is a bit steep!
My thought is that someday in the future, when his mother and her immigration records are who knows where, it might come in handy (if he hasn't misplaced it). Although he does have a US passport his birth certificate would be of no help, in fact it would indicate that he is not a US citizen.
Can you expand a little on this?
Regards, JEff
May I ask who advised you to file an N-600 for your child?
Once you become a USC, your child (if under the age of 18) will automatically become a US Citizen as well. The child should have a green card and that should be all that is needed.
1. Your naturalization;
2. You have custody of the child;
3. The child has a valid green card; and
4. The child is under the age of 18.
I believe the issue of the N-600 for an adopted child is if a foreign child is adopted by two USC's and not relevant to your child at all.
I would suggest that you consult with an immigration attorney on this before you file anything as expensive as the N-600.
Once you become a USC, your child (if under the age of 18) will automatically become a US Citizen as well. The child should have a green card and that should be all that is needed.
1. Your naturalization;
2. You have custody of the child;
3. The child has a valid green card; and
4. The child is under the age of 18.
I believe the issue of the N-600 for an adopted child is if a foreign child is adopted by two USC's and not relevant to your child at all.
I would suggest that you consult with an immigration attorney on this before you file anything as expensive as the N-600.
Oct 7th 2009, 4:56 pm
#9
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Thread Starter
Joined: Sep 2009
Posts: 129
Re: Filing N400 and N600 while I 751 pending
Thank you very much everybody and especially Ian.
I pretty much thought the same just was doublecheking myself
The only new thing for me is that you think n400 will help my case more than filing n600. I thought and actually my old lawyer ,that I had in removal ,told me that filing N600 might help to move i 751
So probably it is not nessary to wait since I send them in different places
About having the lawyer
I think I had 5 consultations with different lawyers
The first thing I did not like is the way they start pressering you to hire them.
One lady even told me we better start getting ready for deportation and start of gethering evidence for waivers from deportation
I'm not even there yet and theree is no need for the lawyer to scare me with deportation, I'm aware of my problems with my case
The other lady was from a very respected law firm but in order to go to the interview with me she wanted 5000 plus road expences - I found it crazy just for an interview
And the main problem every lawyer saw my case very differently
One told me he will only take my case if I withdraw my pending application and we file a new one together
I do not feel comfortable doing it
I'm pretty confident with all the evidence I put with my application
The last lawyer told me that since I already have a IJ decision about terminating removal based on acusation of committing fraud marriage they will not be able to deny application they will just hold it as far as they can.
And the first thing the lawyer will tell you - do not travel when you have problems
I have my parents and my kids want to see them
I will not stop traveling even if I put myself at risk , I will travel regardless
I pretty much thought the same just was doublecheking myself
The only new thing for me is that you think n400 will help my case more than filing n600. I thought and actually my old lawyer ,that I had in removal ,told me that filing N600 might help to move i 751
So probably it is not nessary to wait since I send them in different places
About having the lawyer
I think I had 5 consultations with different lawyers
The first thing I did not like is the way they start pressering you to hire them.
One lady even told me we better start getting ready for deportation and start of gethering evidence for waivers from deportation
I'm not even there yet and theree is no need for the lawyer to scare me with deportation, I'm aware of my problems with my case
The other lady was from a very respected law firm but in order to go to the interview with me she wanted 5000 plus road expences - I found it crazy just for an interview
And the main problem every lawyer saw my case very differently
One told me he will only take my case if I withdraw my pending application and we file a new one together
I do not feel comfortable doing it
I'm pretty confident with all the evidence I put with my application
The last lawyer told me that since I already have a IJ decision about terminating removal based on acusation of committing fraud marriage they will not be able to deny application they will just hold it as far as they can.
And the first thing the lawyer will tell you - do not travel when you have problems
I have my parents and my kids want to see them
I will not stop traveling even if I put myself at risk , I will travel regardless
Oct 7th 2009, 5:07 pm
#10
Forum Regular
Thread Starter
Joined: Sep 2009
Posts: 129
Re: Filing N400 and N600 while I 751 pending
About N600
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different
I'm not sure if I will ever be able become a citizen and may be if my I-751 will be denied I will be in removal again
Since adoption my child is a us citizen through her adoptive father
We can apply for N600 or US passport. We are going to do both. Already applyed for the passport and will apply for n 600 as soon as 2 year since adoption.
I believe if my husband would not adapt her she will face the same problems as I face now including possibility of deportation
In her case I hope they will not deport her anymore since she has a us passport now
But of course mine and her I-751 is still pending at the same time
Hopefully filing N400 and N600 will resolve it somehow
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different
I'm not sure if I will ever be able become a citizen and may be if my I-751 will be denied I will be in removal again
Since adoption my child is a us citizen through her adoptive father
We can apply for N600 or US passport. We are going to do both. Already applyed for the passport and will apply for n 600 as soon as 2 year since adoption.
I believe if my husband would not adapt her she will face the same problems as I face now including possibility of deportation
In her case I hope they will not deport her anymore since she has a us passport now
But of course mine and her I-751 is still pending at the same time
Hopefully filing N400 and N600 will resolve it somehow
Oct 7th 2009, 5:10 pm
#11
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Thread Starter
Joined: Sep 2009
Posts: 129
Re: Filing N400 and N600 while I 751 pending
Once you become a USC, your child (if under the age of 18) will automatically become a US Citizen as well. The child should have a green card and that should be all that is needed.
Unfortunaltly we do not have a green card and who knows if we ever will
Unfortunaltly we do not have a green card and who knows if we ever will
Oct 7th 2009, 5:42 pm
#12
Member
Joined: Apr 2001
Posts: 14,049
Re: Filing N400 and N600 while I 751 pending
Different starting point, but same end point - citizenship by action of law? Which means that there is no direct evidence that citizenship has been conferred. One would have to know the law to know that the adoption decree (or the parent's certificate of citizenship) had conferred citizenship on the child.
But I don't see how the child applying for a certificate of citizenship would force action on your I-751.
Regards, JEff
But I don't see how the child applying for a certificate of citizenship would force action on your I-751.
Regards, JEff
About N600
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different.
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different.
Oct 7th 2009, 5:59 pm
#13
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Filing N400 and N600 while I 751 pending
No, I am not.
Rete,
Are you recommending that a child who becomes a US citizen by action of law when their parent acquires citizenship should not obtain their own certificate of citizenship? This situation seems to be exactly one of those for which N-600 is intended.
I haven't filed an N-600 for my stepson yet, who became a citizen when my wife did last year, but I was planning to one of these days. The cost is a bit steep!
My thought is that someday in the future, when his mother and her immigration records are who knows where, it might come in handy (if he hasn't misplaced it). Although he does have a US passport his birth certificate would be of no help, in fact it would indicate that he is not a US citizen.
Can you expand a little on this?
Regards, JEff
Are you recommending that a child who becomes a US citizen by action of law when their parent acquires citizenship should not obtain their own certificate of citizenship? This situation seems to be exactly one of those for which N-600 is intended.
I haven't filed an N-600 for my stepson yet, who became a citizen when my wife did last year, but I was planning to one of these days. The cost is a bit steep!
My thought is that someday in the future, when his mother and her immigration records are who knows where, it might come in handy (if he hasn't misplaced it). Although he does have a US passport his birth certificate would be of no help, in fact it would indicate that he is not a US citizen.
Can you expand a little on this?
Regards, JEff
Oct 7th 2009, 6:02 pm
#14
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Filing N400 and N600 while I 751 pending
I realize it is and that is why I'm asking.
Unclear why filing an N-600 for the child would have any bearing on your I-751. The USCIS doesn't care if you have 10 USC children. Your case has no bearing on them and theirs have nothing to do with yours. Since the child is now a USC, she is no longer an alien awaiting adjudication of your I-751.
This is where my confusion comes in.
Unclear why filing an N-600 for the child would have any bearing on your I-751. The USCIS doesn't care if you have 10 USC children. Your case has no bearing on them and theirs have nothing to do with yours. Since the child is now a USC, she is no longer an alien awaiting adjudication of your I-751.
This is where my confusion comes in.
About N600
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different
I'm not sure if I will ever be able become a citizen and may be if my I-751 will be denied I will be in removal again
Since adoption my child is a us citizen through her adoptive father
We can apply for N600 or US passport. We are going to do both. Already applyed for the passport and will apply for n 600 as soon as 2 year since adoption.
I believe if my husband would not adapt her she will face the same problems as I face now including possibility of deportation
In her case I hope they will not deport her anymore since she has a us passport now
But of course mine and her I-751 is still pending at the same time
Hopefully filing N400 and N600 will resolve it somehow
Nobody really recomend to do that I just know that since the child was legally adopted by US citizen he becomes US citizen.
Do not confuse here the situation when the parent files n400, gets us citizenship and child automaticly becomes US citizen
My situation is different
I'm not sure if I will ever be able become a citizen and may be if my I-751 will be denied I will be in removal again
Since adoption my child is a us citizen through her adoptive father
We can apply for N600 or US passport. We are going to do both. Already applyed for the passport and will apply for n 600 as soon as 2 year since adoption.
I believe if my husband would not adapt her she will face the same problems as I face now including possibility of deportation
In her case I hope they will not deport her anymore since she has a us passport now
But of course mine and her I-751 is still pending at the same time
Hopefully filing N400 and N600 will resolve it somehow
Oct 7th 2009, 6:04 pm
#15
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Filing N400 and N600 while I 751 pending
If you are awaiting adjudication of the I-751 then yes, you do have a green card. Whether or not the date on the card is expired, you are still a permanent resident until told otherwise.