k2 adoption

[Wichitaks 0]

My husband plan to adopt my son,any one who have knowlege to this process?

Do we need to file aos for my son also as i got my gc and my son just got here 2 weeks ago.

Thank you.

[payxibka 10,045]

My husband plan to adopt my son,any one who have knowlege to this process?

Do we need to file aos for my son also as i got my gc and my son just got here 2 weeks ago.

Thank you.

Adoption is covered by family law in each state.... so therefore the process varies .... You need to look up Kansas law.

moving to proper forum

[YuAndDan 153]

Note: If you are using adoption as a path to citizenship, your child still needs to first adjust status.

The rule requires that the adopted child to be an IMMIGRANT, a K-2 is a NON-Immigrant, and needs to adjust status to Immigrant.

[Wichitaks 0]

Thanks a lot.

[Gary and Alla 3,694]

My husband plan to adopt my son,any one who have knowlege to this process?

Do we need to file aos for my son also as i got my gc and my son just got here 2 weeks ago.

Thank you.

Yes, you need to file for AOS for him. Adoption rules are a state issue, they do not affect USCIS immigration law. Adopting your son by a USC does not make him a citizen and exempt him from AOS. He will still ned to follow the same rules to become a citizen.

[payxibka 10,045]

My husband plan to adopt my son,any one who have knowlege to this process?

Do we need to file aos for my son also as i got my gc and my son just got here 2 weeks ago.

Thank you.

Yes, you need to file for AOS for him. Adoption rules are a state issue, they do not affect USCIS immigration law. Adopting your son by a USC does not make him a citizen and exempt him from AOS. He will still ned to follow the same rules to become a citizen.

If he is a greencard holder then the actual act of adoption can automatically pass citizenship

Edited June 11, 2009 by payxibka

[YuAndDan 153]

If he is a greencard holder then actually it does make him a citizen

NO

Only if a US citizen adopts him before child's 16th birthday, OR immigrant parent (K-1) naturalizes and becomes a US Citizen before the child's 18th birthday, at least one parent needs to be a US citizen, a "step" parent only counts if the step parent adopts the child.

Also the adoption needs to happen before the child's 16th birth day.

So the child becomes a US citizen either through adoption by US Citizen parent, OR by their immigrant parent becoming a US citizen.

MORE:

http://www.uscitizenship.info/citizenship-...ry-children.htm

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

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

[payxibka 10,045]

exactly, which is different than what Gary said

Edited June 11, 2009 by payxibka

[YuAndDan 153]

exactly, which is different than what Gary said

Yes, you need to file for AOS for him. Adoption rules are a state issue, they do not affect USCIS immigration law. Adopting your son by a USC does not make him a citizen and exempt him from AOS. He will still ned to follow the same rules to become a citizen.

It all has to do with requirements as well as age of the K-2.

Adoption does not make child a citizen UNLESS the child is an IMMIGRANT AND is 16 years old or younger, Adjustment of status makes the child an immigrant so AOS IS REQUIRED. Also there is an age limit, the child needs to be 16 or younger to get citizenship through adoption by step parent.

Edited June 11, 2009 by YuAndDan

[Wichitaks 0]

thank you so much guys for the useful information.