What is definition of "Stepchild"?

[jdma99 0]

My husband just adopted his nephew in Jamaica. We both wanted to adopt him, but Jamaica will not allow me to adopt him because I'm not Jamaican. I can't file the I-600 (Petition to Classify an Orphan as an Immediate Relative) because I haven't adopted him and my husband can't file to bring him in because he's not yet a US citizen. So, we can't get him here. I've filed for Jamaican citizenship and we need to decide what to use our limited funds to file for next - the I-600 or the US Citizenship application.

However, I am wondering if I could file for him as a step-child of a US citizen. Would it make a difference that he was adopted versus being a natural child of my husband? Is that a different preference level and thus take longer, making it a better option to wait for citizenship for one of us and filing the I-600?

Would anyone know? Thanks

[YuAndDan 153]

A US citizen can file an I-130 for an immigrant visa for a step-child IF the marriage that made the child a step-child happened BEFORE the child's 18th birthday.

How old is the step-child, and did you marry before the child's 18th birthday?

Edited December 17, 2008 by YuAndDan

[aaron2020 11,651]

It seems that the child was adopted after the marriage took place. That may be another issue in the immigration process. USC wife can say that she cannot adopt under Jamaican law, but that she will adopt under US law once the child is a LPR.

With the adoption, is the child an orphan? If his natural parents are still around, it could be another problem as the consular officer could determine the adoption as fraudulent; i.e., adoption for immigration purposes only - child calls me the adoptive father his uncle, and the child maintains contact with his natural parents.

[jdma99 0]

It seems that the child was adopted after the marriage took place. That may be another issue in the immigration process. USC wife can say that she cannot adopt under Jamaican law, but that she will adopt under US law once the child is a LPR.

With the adoption, is the child an orphan? If his natural parents are still around, it could be another problem as the consular officer could determine the adoption as fraudulent; i.e., adoption for immigration purposes only - child calls me the adoptive father his uncle, and the child maintains contact with his natural parents.

The adoption took place after the marriage, but the child is only 10 right now. He has a deceased mother and a living father, but the latter signed off his parental rights for the Jamaican adoption to go through. I am pretty sure he'd be considered an "orphan". I guess the big concern is that Immigration is going to give us a hard time either because he's not a natural child or, as aaron2020 stated, because the adoption occurred after the marriage.

[aaron2020 11,651]

For US immigrations purposes, the child would likely not be considered an orphan. The adoption is valid under Jamaican law, but for US immigration purposes the child is not an orphan. This is to prevent people from gaming the system to help their minor relatives immigrate to the US. Imagine everyone going to their home country and adopting someone in their family who is a minor and has at least one living parent. The living parent and the USC relative make an agreement to help the child go the US. The home country will be compliant because it wants to help its citizen escape poverty, etc. So the child who otherwise would not have been eligible to come to the US, can now go because of an arrangement between the two adult relative. US govt is aware of these agreements, so no visas for children adopted outside the US who are blood relatives of the US petitioner unless the child is a true orphan - both parents are deceased.

This is not an issue when people adopt non-relatives because the likelihood of an agreement between the biological parent and adopted parent is less likely than when a blood related child is involved.

Edited December 18, 2008 by aaron2020

[*JG* 2]

Wow, very complicated.

If it were me, I would definately hire a competant immigration attorney on this one.

[aaron2020 11,651]

In a blood relative adoption, the child may be considered an orphan under a few other circumstances.

An orphan can also be a foreign-born child with a sole or surviving parent who is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country, and has, in writing, irrevocably released the child for emigration and adoption.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[jdma99 0]

In a blood relative adoption, the child may be considered an orphan under a few other circumstances.

An orphan can also be a foreign-born child with a sole or surviving parent who is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country, and has, in writing, irrevocably released the child for emigration and adoption.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

This is exactly what was done. The mother is deceased and the father has signed away his rights. But my husband is a blood relative. Nonetheless, my question here is whether he'd be a stepchild I could bring in on an I-130.