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N-600K Question - Legitimated Child

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  • N-600K Question - Legitimated Child

    Hi all,

    Hope to get some help regarding what path to take to obtain permanent residency/citizenship for relatives.

    I'm a US citizen, legally married in Central America for over 5 years. Met my now wife in the US, but she was ordered to return, which she did on her own. She was had a 5-year ban, but that was over 10 years ago. From what I understand, I need to petition her using form I-130. Please correct me if I'm wrong.

    Now, the reason I posted on this section is regarding my daughter. She's my wife's biological daughter. When I married her, my daughter did not have a father listed in her native's country birth certificate. I claimed her as my daughter and legally, the birth certificate has my name as the legitimate father and she has my last name.

    They're both living outside the US. My daughter is 15 years old.

    Since I didn't go through a formal adoption process, and her native country recognizes me as her father legally, which form should I apply for? I'm not sure if I should request naturalization via N-600K, or if I should file for I-130 as well. Don't know if she's consider 'legitimated' per the description on USCIS site.

    Thanks for any help you can offer clearing this up.

  • #2
    If she plans to move to the US, then petitioning her to immigrate with I-130 is the right route. The INA 322 route with N-600K is for a child who will continue to reside abroad, and it requires her to come to the US as a nonimmigrant for the interview and oath, usually with a visitor visa, and entering as a visitor or most other types of nonimmigrant requires showing she has no immigrant intent.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      If she plans to move to the US, then petitioning her to immigrate with I-130 is the right route. The INA 322 route with N-600K is for a child who will continue to reside abroad, and it requires her to come to the US as a nonimmigrant for the interview and oath, usually with a visitor visa, and entering as a visitor or most other types of nonimmigrant requires showing she has no immigrant intent.
      Thank you very much for the reply. Yes, the plan is to move to the US so she can continue with her schooling there. Wife and I would also live there. So, I-130 for both, correct?

      Again, thanks for the clarification.

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      • #4
        Originally posted by travelingfox View Post

        Thank you very much for the reply. Yes, the plan is to move to the US so she can continue with her schooling there. Wife and I would also live there. So, I-130 for both, correct?

        Again, thanks for the clarification.
        yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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