Way off beat immigration question

[NigeriaorBust 4,087]

My husband and I were talking about children. I am unable to have more , he has none. So assuming he wants "his" own in the future and that he wants them raised at least at first in his home country and then here. Which of the following is the easiest immigration wise.

1 Adopt a child in his home country ( both of us ) and petition to bring an adopted child here.

2 Have a surrogate bear a child that is his biologically and then petition to bring his child here( with or without me adopting).

We were talking about the 2 options and I told him people on the board would be able to give input as to which is less hassle with immigration. I know that the step parent relationship has to be established before 18 but is that only for children that exist before the marriage ? Would his status ( LPR/USC) make any difference.

[Dakine 26]

My husband and I were talking about children. I am unable to have more , he has none. So assuming he wants "his" own in the future and that he wants them raised at least at first in his home country and then here. Which of the following is the easiest immigration wise.

1 Adopt a child in his home country ( both of us ) and petition to bring an adopted child here.

2 Have a surrogate bear a child that is his biologically and then petition to bring his child here( with or without me adopting).

We were talking about the 2 options and I told him people on the board would be able to give input as to which is less hassle with immigration. I know that the step parent relationship has to be established before 18 but is that only for children that exist before the marriage ? Would his status ( LPR/USC) make any difference.

Surrogate mom can be BIG trouble.

Best to try and adopt.

[Penguin_ie 5,996]

I think a lot would depend on the adoption/ surrogacy laws in Nigeria. But the easiest would seem to be a biological child of your husband's once he becomes a USC; he could file an I-130 and there would be no wait time. Depending on how long he had been a USC at the time, the child may even be entitled to US citizenship at birth.

[NigeriaorBust 4,087]

Surrogate mom can be BIG trouble.

Best to try and adopt.

Big trouble in the immigration sense or the wanting to be in the child's life sense ?

[NigeriaorBust 4,087]

I think a lot would depend on the adoption/ surrogacy laws in Nigeria. But the easiest would seem to be a biological child of your husband's once he becomes a USC; he could file an I-130 and there would be no wait time. Depending on how long he had been a USC at the time, the child may even be entitled to US citizenship at birth.

That was what I thought also. This isn't going to happen soon. Probably 5 years at which time he may be a USC and I guess would just file for birth abroad and the child(ren) would be USC's with no immigration hassles. If the children are born abroad and not in the US when he becomes a citizen they would have to be brought on I130's right ?

[lucyrich 20]

That was what I thought also. This isn't going to happen soon. Probably 5 years at which time he may be a USC and I guess would just file for birth abroad and the child(ren) would be USC's with no immigration hassles. If the children are born abroad and not in the US when he becomes a citizen they would have to be brought on I130's right ?

Assuming he is a citizen at the time his child is born, the rules for transmitting citizenship are summarized here:

http://travel.state.gov/law/info/info_609.html

I'm not sure, but I would assume that a child born of a surrogate mother would count as a child born out of wedlock for the purposes of INA 301/INA 309.

In any case, if he transmits US citizenship to his child according to those rules, there will be virtually no immigration hassle. The child will be born a US citizen and entitled to a US passport immediately.

If your husband is NOT a citizen at the time the child is born, then yes, he would file an I-130 for them. When he becomes a citizen, and the child is in his custody in the US with green card status, the child would automatically become a citizen via the child citizenship act. Or, if you adopt the child, you could transmit citizenship to the child via the child citizenship act even if your husband is not yet a US Citizen. But getting citizenship via the child citizenship act requires that the child be in the US with LPR (green card) status, in the physical and legal custody of a US Citizen parent. So basically that means that you have to get the child a green card before the child citizenship act kicks in and immediately "promotes" the kid to being a US Citizen.