After Marriage, Adoption ... K1 AOS, K2 AOS or Could proceed Naturalization from K2??

[rebelheart 0]

Hi everyone, we're searching for a nice point of views from VJ people's here who are advance already in this processing.

Me & my USC fiance will be getting married this June 1st, after that week we will proceed of arranging documents in proper change of names. But doing so, my USC fiance decided to do the processing of adoption for my 4 yrs old, when we do all necessary documents before going thru AOS thing.

Meaning when every documents in our hands are in changed names already and having my son adoption papers, (1) DO WE NEED TO SEND A COPY OF ADOPTION PAPER TO MANILA JUST TO PUT MY FIANCE NAME AS the FATHER TO HIS NEW BIRTH CERTIFICATE?????? As we know in US, states to states do that, only to processes a new original birth certificate copy, but we dont have any idea if for some international country apply to that.

(2) On processing of our AOS, for K1 & K2 ... since my son is already adopted with legal original documents to prove, Is my son still applying for AOS (residence status) or we could process already (or simply jumping to) application for NATURALIZATION being adopted of a USC??????

any help would be appreciated.

-rebelheart-

[Reba 2]

first thing, does your son have a father? I think in most cases if biological parents are still alive, consent must be given by the non-custodial parent.

I think once that is figured out, and the adoption is final, he may be able to just apply for naturalization thru adoption. Best to check with an adoption/immigration lawyer who would know for sure.

[I'm Gone 60]

(2) On processing of our AOS, for K1 & K2 ... since my son is already adopted with legal original documents to prove, Is my son still applying for AOS (residence status) or we could process already (or simply jumping to) application for NATURALIZATION being adopted of a USC??????

Your child doesn't not automatically become a U.S. citizen if your U.S. citizen fiancé adopts the child.

http://www.uscis.gov/graphics/formsfee/forms/files/N-600.pdf

N-600, Application for Certificate of Citizenship

Who Should Use This Form?

You may use this form if you claim U.S. citizenship either by action of law while residing in the United States or by having been born outside the United States to U.S. citizen parent(s).

If you are the biological or adopted child of a U.S.citizen, you were born outside the United States and you are claiming citizenship by action of law, you automatically become a U.S. citizen if:

You have at least one parent who is a U.S. citizen,whether by birth or naturalization; and

You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and

You have been lawfully admitted for permanent residence (NOTE: If you entered the United States as an adopted child, you must have been admitted as an IR-3 (child adopted outside the United States). If you entered as an IR-4 (child coming to the United States to be adopted), a final adoption must take place for this section of law to apply to you.);

You have not yet reached your 18th birthday; and

You are a biological child, you were legitimate or you were legitimated while in the legal custody ofyour legitimating parent(s) prior to reaching your 16th birthday; or

You are a biological child born out of wedlock and you have not been legitimated and your mother naturalizes as a U.S. citizen.

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http://travel.state.gov/family/adoption/info/info_448.html

Child Citizenship Act Of 2000

Requirements

The following are the Act's requirements:

1. At least one parent of the child is a U.S. citizen, either by birth or naturalization.

2. The child is under the age of 18.

3. The child must be residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted into this country as an immigrant for lawful permanent residence.

4. If the child has been adopted, the adoption must be final.

Q: What documents are required to obtain a passport for a child who became a U.S. citizen under the Act?

A: (1) Evidence of the child's relationship to a U.S. citizen parent (a certified copy of the foreign birth certificate for children born to an American or, if adopted, a certified copy of the final adoption decree); (2) the child's foreign passport with INS's I-551 stamp or the child's resident alien card; and (3) the parent's valid identification.

[rebelheart 0]

HI MDYOUNG,

Thanks for the replies.....

The situation is this i came in US with K1 visa and proved that i never been married, so im a single mother with my son in K2 visa.

So... in regards with custody, im the solely only parent and he was under my maidenname in his BC. My USC hubby-to-be, willingly adopting him after marriage and we change me with his name with the other papers we need to do so. And then proceed to adoption proceedings for my son to be legally using his name.

Since we will be having in our hands the adoption paper but got my son BC in manila under my maidenname but im married by next month with my hubby-to-be name too. From K1&K2 visa's we're applying for AOS, our concern is ... having this legal documents ... as the adoption paper says so that my USC hubby will be known as his father now, and under his name, how could i apply his K2 visa from AOS since my son name is changedname alreayd by my USC hubby.

Don't we acquire confusion on that? or we may proceed with the "N600" form rather than my son I-1485 (AOS)? So.. in that case im applying for permanent residency (AOS) and my son for naturalization being adopted son of a USC (citizenship)????

regards

[rebelheart 0]

my apology .... mdyoung, for repeating my question.

Just got a conversation with my USC fiance and explain and let him read this. I clearly understood that my son needs to apply first permanent residency before applying for naturalization.... that's the only thing unknown for my son for now even he is already adopted.

Thanks so much again.... now its clearly for me to observe and start filing out AOS application for me and my son....

god bless.....