Adult adoption, US birth certificate for foreign born, stepparent petition, which way to go?

[dm559 34]

Hi, I am hoping someone can give me some guidance.

I'm an American citizen by birth and am currently in the United States. My wife is an Armenian citizen, she has never been to the United States and we were married in Armenia.

My stepson is 17 and wanted to see if he wanted to attend college in the United States. He was granted a tourist B-2 visa and arrived in the USA. While he was here I petitioned the court for step-parent adoption. I was unable to move forward with it because my wife had to attend an interview here in the USA although my stepsons biological parents signed consent to the adoption. He turns 18 in 6 weeks so I feel pressed for time. So I am going to do an adult adoption, which is allowed in my state and was suggested by the courts because then neither of his biological parents have to be present and he will be issued a new U.S. birth certificate listing me as his father and his biological mother.

Here is my dilemma. I was told by my local US Passport office that since he will have a court ordered birth certificate that I can use that as proof of citizenship and get him an American passport which will prove he is an American citizen. But further reading on the Passport website it states that the birth certificate must have been issued within 1 year of birth, which obviously is not going to be the case. I was able to get him a state issued ID card and I can get him a social security number once the adoption is finalized. So what is true? Can a US Birth certificate be used to get him an American passport even if the birth certificate was issued beyond the first year of birth? The adoption will be finalized after he is 18, which contradicts the requirements of USCIS which states that an adoption must take place before he is 16 for the adoption to be considered for immigration. So if I go the route of the I-130 petition and just not even use the US birth certificate do I also have to file one for my wife since that is how our relationship derived? The reason my wife hasn't come is financial, immigration as you know costs a lot of money and we didn't want him to have to postpone going to college. No one seems to be able to give me a clear idea of what we're facing or the correct path to take because they haven't heard of my situation before. If i-130 is the best route to go do I have to wait until he turns 18 or should I do it now while he is 17? Oh, and another note I discovered I couldn't get him into college since I am not his guardian and he is under 18 so we are going to court for guardianship. If that is granted I will be the legal guardian but he did arrive in the US on a B-2 visa. So he will legally be my child but through adoption, I will legally be his guardian but he's not a US citizen and he will have a US birth certificate, US government issued ID and a social security number but not a resident. Can anyone help?

[Jojo92122 1,924]

Hi, I am hoping someone can give me some guidance.

I'm an American citizen by birth and am currently in the United States. My wife is an Armenian citizen, she has never been to the United States and we were married in Armenia.

My stepson is 17 and wanted to see if he wanted to attend college in the United States. He was granted a tourist B-2 visa and arrived in the USA. While he was here I petitioned the court for step-parent adoption. I was unable to move forward with it because my wife had to attend an interview here in the USA although my stepsons biological parents signed consent to the adoption. He turns 18 in 6 weeks so I feel pressed for time. So I am going to do an adult adoption, which is allowed in my state and was suggested by the courts because then neither of his biological parents have to be present and he will be issued a new U.S. birth certificate listing me as his father and his biological mother.

Here is my dilemma. I was told by my local US Passport office that since he will have a court ordered birth certificate that I can use that as proof of citizenship and get him an American passport which will prove he is an American citizen. But further reading on the Passport website it states that the birth certificate must have been issued within 1 year of birth, which obviously is not going to be the case. I was able to get him a state issued ID card and I can get him a social security number once the adoption is finalized. So what is true? Can a US Birth certificate be used to get him an American passport even if the birth certificate was issued beyond the first year of birth? The adoption will be finalized after he is 18, which contradicts the requirements of USCIS which states that an adoption must take place before he is 16 for the adoption to be considered for immigration. So if I go the route of the I-130 petition and just not even use the US birth certificate do I also have to file one for my wife since that is how our relationship derived? The reason my wife hasn't come is financial, immigration as you know costs a lot of money and we didn't want him to have to postpone going to college. No one seems to be able to give me a clear idea of what we're facing or the correct path to take because they haven't heard of my situation before. If i-130 is the best route to go do I have to wait until he turns 18 or should I do it now while he is 17? Oh, and another note I discovered I couldn't get him into college since I am not his guardian and he is under 18 so we are going to court for guardianship. If that is granted I will be the legal guardian but he did arrive in the US on a B-2 visa. So he will legally be my child but through adoption, I will legally be his guardian but he's not a US citizen and he will have a US birth certificate, US government issued ID and a social security number but not a resident. Can anyone help?

Did you marry his mom before his 16th birthday?

A US citizen can petition for a stepchild as long as the marriage to the stepchild's parent occurred before the stepchild's 16th birthday.

It will not matter if he is adopted or not if you married his mom before his 16th birthday. You can file for your stepson and he can adjust his status in the US.

[dm559 34]

No, USCIS stated that as long as the marriage was before his 18th birthday which it was and the adoption had to take place before his 16th birthday unless adopting one of his siblings then that age requirement is waived.

Has anyone used a state issued birth certificate from adoption to get a US passport?

Did you marry his mom before his 16th birthday?

A US citizen can petition for a stepchild as long as the marriage to the stepchild's parent occurred before the stepchild's 16th birthday.

It will not matter if he is adopted or not if you married his mom before his 16th birthday. You can file for your stepson and he can adjust his status in the US.

[Jojo92122 1,924]

Hi, I am hoping someone can give me some guidance.

I'm an American citizen by birth and am currently in the United States. My wife is an Armenian citizen, she has never been to the United States and we were married in Armenia.

My stepson is 17 and wanted to see if he wanted to attend college in the United States. He was granted a tourist B-2 visa and arrived in the USA. While he was here I petitioned the court for step-parent adoption. I was unable to move forward with it because my wife had to attend an interview here in the USA although my stepsons biological parents signed consent to the adoption. He turns 18 in 6 weeks so I feel pressed for time. So I am going to do an adult adoption, which is allowed in my state and was suggested by the courts because then neither of his biological parents have to be present and he will be issued a new U.S. birth certificate listing me as his father and his biological mother.

Here is my dilemma. I was told by my local US Passport office that since he will have a court ordered birth certificate that I can use that as proof of citizenship and get him an American passport which will prove he is an American citizen. But further reading on the Passport website it states that the birth certificate must have been issued within 1 year of birth, which obviously is not going to be the case. I was able to get him a state issued ID card and I can get him a social security number once the adoption is finalized. So what is true? Can a US Birth certificate be used to get him an American passport even if the birth certificate was issued beyond the first year of birth? The adoption will be finalized after he is 18, which contradicts the requirements of USCIS which states that an adoption must take place before he is 16 for the adoption to be considered for immigration. So if I go the route of the I-130 petition and just not even use the US birth certificate do I also have to file one for my wife since that is how our relationship derived? The reason my wife hasn't come is financial, immigration as you know costs a lot of money and we didn't want him to have to postpone going to college. No one seems to be able to give me a clear idea of what we're facing or the correct path to take because they haven't heard of my situation before. If i-130 is the best route to go do I have to wait until he turns 18 or should I do it now while he is 17? Oh, and another note I discovered I couldn't get him into college since I am not his guardian and he is under 18 so we are going to court for guardianship. If that is granted I will be the legal guardian but he did arrive in the US on a B-2 visa. So he will legally be my child but through adoption, I will legally be his guardian but he's not a US citizen and he will have a US birth certificate, US government issued ID and a social security number but not a resident. Can anyone help?

If you did not marry his mother after his 16th birthday, the adoption may not be recognized for immigration purposes. After the adoption, he will still be legally your son as you have stated, but he will not be a US citizen or legal permanent resident. He will still be in the US on a tourist visa.

He will be over 18 when the adoption is complete. The Child Citizenship Act will not help confer US citizenship on him. He will still be a national of his home country. He will probably have overstayed his tourist visa. He will be the adult adopted son of a US citizen. He will be deportable.

You can file an I-130 for him as a child under age 21 which would put him in the Immediate Relative category which would allow him to adjust his status in the US and have his overstay be forgiven.

The only real issue is whether USCIS would accept the adoption for immigration purposes. Your adoption would be legal, but it may not be recognized for immigration purposes.

If the adoption is not recognized for immigration purposes, your son could be deported. Furthermore, his unlawful presence in the US after his tourist visa expires could trigger a 3 or 10 years bar from entering the US again after his departure (does not matter if its voluntary departure or deportation; it the unlawful presence in the US and not how he left).

The reason USCIS may not recognize the adoption is that it would encourage more people to come to the US tourist visa, do an adoption, and avoid the long wait to immigrate to the US.

In a case where a US citizen marries a foreign national with a child 16 years old, the US citizen cannot petition for the stepchild. The foreign national parent would need to immigrate to the US first. Once the parent is an LPR, the parent would petition for the child which currently has a 4-8 years wait.

The fundamental question would be is it fair to allow people to circumvent this wait by attempting to do what you are doing? USCIS may not think it is fair, and may not recognize the adoption for immigration purposes.

You should really consult with an experienced immigration lawyer. There are risks that you may not be aware of.

---------------

The reason USCIS may reject your adult adoption is that there is too much room for fruad. In your case, the normal route would be that

[lakambini 1]

Did you marry his mom before his 16th birthday?

A US citizen can petition for a stepchild as long as the marriage to the stepchild's parent occurred before the stepchild's 16th birthday.

It will not matter if he is adopted or not if you married his mom before his 16th birthday. You can file for your stepson and he can adjust his status in the US.

hi dm559,

There's no need to adopt your stepson since you married his mom before he is 18. You can file for I130 now and adjust his status(AOS).Do it now before he turns 18, so he will be classified under IR1

Edited March 30, 2011 by lakambini

[Jojo92122 1,924]

No, USCIS stated that as long as the marriage was before his 18th birthday which it was and the adoption had to take place before his 16th birthday unless adopting one of his siblings then that age requirement is waived.

Has anyone used a state issued birth certificate from adoption to get a US passport?

To qualify for a US passport, the applicant must provide proof of US citizenship. How is your adult adopted son going to prove that? On what basis would he have to claim US citizenship.

In addition, the applicant is signing under penalty of perjury that he/she is a US citizen. Not a wonderful way to start the journey on becoming a legal resident of the US.

[lakambini 1]

Did you marry his mom before his 16th birthday?

A US citizen can petition for a stepchild as long as the marriage to the stepchild's parent occurred before the stepchild's 16th birthday.

It will not matter if he is adopted or not if you married his mom before his 16th birthday. You can file for your stepson and he can adjust his status in the US.

hi dm559,

There's no need to adopt your stepson since you married his mom before he is 18. You can file for I130 now and adjust his status(AOS).Do it now before he turns 18, so he will be classified under IR1

[Jojo92122 1,924]

hi dm559,

There's no need to adopt your stepson since you married his mom before he is 18. You can file for I130 now and adjust his status(AOS).Do it now before he turns 18, so he will be classified under IR1

You're right.

[bettermuscome 12]

hi dm559,

There's no need to adopt your stepson since you married his mom before he is 18. You can file for I130 now and adjust his status(AOS).Do it now before he turns 18, so he will be classified under IR1

the age is not 18, it is 16 ...would have to have been married before his 16th birthday...looks like his mother will have to file for him

[Jojo92122 1,924]

the age is not 18, it is 16 ...would have to have been married before his 16th birthday...looks like his mother will have to file for him

No. lakambini is correct.

Ignore everything I said before. It does not pertain to this case.

----------------

Here are the instructions for the I-130.

Who May Not File Form I-130?

You may not file for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least 2 years prior to the filing of the petition.

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated.

5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident; or

B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

6. A husband or wife, if you married your husband or wife while your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review, unless:

Form I-130 Instructions (Rev. 06/14/10)Y

You prove by clear and convincing evidence that the marriage is legally valid where it took place, and that you and your husband or wife married in good faith and not for the purpose of procuring the admission of your husband or wife as an immigrant, and that no fee or any other consideration (other than appropriate attorney fees) was given for your filing of this petition OR

Your husband or wife has lived outside the United States, after the marriage, for a period of at least 2 years.

7. A husband or wife, if it has been legally determined that such an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

--------------------

Stop the adoption. It cannot confer any immigration benefits to him. You cannot file the I-130 for a child adopted after age 16. (See above.)

Do not file for a US passport. Your stepson has no claim to US citizenship. Adoption will not make him a US citizen.

File Form I-130 and Form I-485. A person can petition for a stepchild if the marriage that created the relationship took place BEFORE the child's 18th birthday. You married his mom before his 18th birthday, so you can file for him. Filing will give him the right to stay in the US and he cannot be deported.

Edited March 30, 2011 by Jojo92122

[Brother Hesekiel 2,236]

I tend to agree with JoJo.

DM,

you are trying to game the system, yet that will not work as you anticipated.

You can petition for your step son and he can do AOS ($1,490) and become a LPR in just a few months. After that, he can wait one year until he is eligible for in-state tuition or you can chill out mega bucks and pay what every student from Mongolia or the South Pole would have to pay, about the equivalent of a single family dwelling in Podunk Holler, Nebraska.

Then, in late 2016, if he doesn't screw up, he can file an N-400 for Naturalization which currently costs $680. By that time he should have his Bachelor's and enough money saved to take care of that himself.

[dm559 34]

I appreciate all the advice and guidance. It has been very helpful!

A superior court judge granted me full custody of my stepson.

I would like to clarify about the adoption. It was an after thought to see if it could be used during the process of immigration (which I know now it can't) but it was for college so we wouldn't have to pay out-of-state tuition for him.

Again, I appreciate all the advice! Thank you.