Adopting my K-1 Wife's spm

[chazzy1098]

My wife's son is 14 and I would like to adopt him. Is it true that if he is adopted before 16 he will be naturalized under my citizenship? What are the USCIS forms or requirements to adopt him. I would appreciate any help or leads on this matter. Will someone confirm to me that this is possible to do. thanks, Chazzy1098 Wife came over on K-1 Visa 3 months ago.

[Randy W]

My wife's son is 14 and I would like to adopt him. Is it true that if he is adopted before 16 he will be naturalized under my citizenship? What are the USCIS forms or requirements to adopt him. I would appreciate any help or leads on this matter. Will someone confirm to me that this is possible to do. thanks, Chazzy1098 Wife came over on K-1 Visa 3 months ago.

 

 

Yes, and 16 is the limit for automatic citizenship

 

Citizenship by Adoption by an American Citizen http://www.uscitizenship.info/citizenship-...ry-children.htm - An adopted (step) child of an American citizen is eligible for citizenship if the adoption is finalized by 16 years of age. Your adopted child must become a permanent resident and the adoption completed and a Form N-600 is filed before the child reaches 16 years of age

Edited May 23, 2009 by Randy W (see edit history)

[usagroom]

Yes, and 16 is the limit for automatic citizenship

 

Citizenship by Adoption by an American Citizen http://www.uscitizenship.info/citizenship-...ry-children.htm - An adopted (step) child of an American citizen is eligible for citizenship if the adoption is finalized by 16 years of age. Your adopted child must become a permanent resident and the adoption completed and a Form N-600 is filed before the child reaches 16 years of age

The child has to have permanent resident status? Is that the same as a green card? Does the immigrant child and parent get green cards at the same time? Does becoming a naturalized USA citizenship make their Chinese citizenship invalid? Sorry for all the questions.

[Randy W]

Yes, and 16 is the limit for automatic citizenship

 

Citizenship by Adoption by an American Citizen http://www.uscitizenship.info/citizenship-...ry-children.htm - An adopted (step) child of an American citizen is eligible for citizenship if the adoption is finalized by 16 years of age. Your adopted child must become a permanent resident and the adoption completed and a Form N-600 is filed before the child reaches 16 years of age

The child has to have permanent resident status? Is that the same as a green card? Does the immigrant child and parent get green cards at the same time? Does becoming a naturalized USA citizenship make their Chinese citizenship invalid? Sorry for all the questions.

 

Looks that way. You might check with an adoption attorney to be sure, but it seems like the green card is the major point there

 

Yes, it's the green card. They can interview at the same time, but may or may not get the green card at the same time.

[Sebastian]

Where is the son now?

[LeeFisher3]

My wife's son is 14 and I would like to adopt him. Is it true that if he is adopted before 16 he will be naturalized under my citizenship? What are the USCIS forms or requirements to adopt him. I would appreciate any help or leads on this matter. Will someone confirm to me that this is possible to do. thanks, Chazzy1098 Wife came over on K-1 Visa 3 months ago.

The information concerning age 16 is not valid in your case, but you must begin custody prior to the child's 16th birthday.

 

Child Citizenship Act of 2000

The child must meet the following requirements:

• Have at least one American citizen parent by birth or naturalization;

• Be under 18 years of age;

• Live in the legal and physical custody of the American citizen parent; and

• Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

 

There is one additional requirement that you must meet in a step-parent adoption, 2 years custody.

 

Now these items do not have to happen in any specific order, so the 2 year custody began the day he entered the US. Lawful permanent residence will occur as soon as he has a green card, and the adoption can take place any time prior to his 18th birthday, but I wouldn't push it that far. Once all of these conditions have been met you can file for a US Passport for him.

 

Here is my experience - Adoption of Stepchild, For those who have minor children

 

In this type of situation do not bother with the USCIS because it will cost you money and take forever to get the paperwork done. You just take your child down and order a passport at the post office., but be sure to have all of the requirements met and know that it falls under the "Child Citizenship Act of 2000" because the postal workers are not visa experts and will try to screw it up.

 

Based on a step-parent adoption you need to file for the passport before his 18th birthday with a copy of the adoption decree, proof of residence(copy of green card), copy of US Entry stamp(establishing beginning of 2 year custody) and his Chinese passport.