How can I adopt my orphaned nephews in the USA, 16 and 17 yrs old ?

[mark_w 0]

Hello

Please can you assist with evaluating my case.

I am an Naturalized US citizen,

I have two nephews ( my sisters children) who were orphaned(both parents died) about 5 years ago. I have adopted both of them in my home country and completed the adoption process, however my spouse did not go with me to adopt them in my country. My country is not a Hague convention country.

I have not filed any documentation for either child in the US and I am concerned because the older boy will turn 18 in three days.

Nephew 1:

==============

Victor is 17years old , born 08/21/1993

He is now in the US on a F1 visa, studying in community college, he cannot qualify for instate tuition since he is on a non-immigrant visa.

Nephew 2:

============

Kingsley is 16 years old, born 05/16/1995

He is still in my country, finishing high school, and lives with my disabled mother.

Can I still complete the adoption for my nephews in the USA, I understand that there is a 16 year age cutoff , it is too late ? These children are siblings and their father and mother have passed away. I have also completed the adoption process in my home country and did that before either child was 16 years old.

Do i need form I-600 or I-600 A or is there another way ?

Please help , how can I complete the process to have both children properly documented as my adopted children in the USA ? Can I file for them as relatives since they are already my children in my home country ?

Thank you in advance for your assistance

[Robert&Karen 264]

From my personal experience, a child can claim derived citizenship if both parents became US citizens before they were 18. If only one parent becomes a citizen that is not good enough. But if the parents divorced then the child can still claim derived citizenship if the custodial parent is the US citizen. My Dad became a citizen, my parents divorced, I went with my dad and my sister went with my mom. As a result I am a US citizen by derivation, and she had to be naturalized.

[Jojo92122 1,924]

From my personal experience, a child can claim derived citizenship if both parents became US citizens before they were 18. If only one parent becomes a citizen that is not good enough. But if the parents divorced then the child can still claim derived citizenship if the custodial parent is the US citizen. My Dad became a citizen, my parents divorced, I went with my dad and my sister went with my mom. As a result I am a US citizen by derivation, and she had to be naturalized.

According to the Child Citizenship Act, children under age 18 must be admitted into the US as immigrants to gain derivative citizenship from a US citizen parent. Children residing outside the US cannot gain derivative citizenship when a parent naturalizes. The children here do not qualify for US citizenship because they have not been admitted to the US on immigration visas.

The more pressing issue is whether the adoptions in the OP's country is good enough to qualify to bring the children to the US as adopted children. The question is can she petition for them under US immigration laws. This may be too advance for a public forum since details about the adoption will matter. A qualified immigration attorney familiar with adopting family and bring them to the US will be able to determine if it is possible for the OP to petition them.

[Robert&Karen 264]

I will be going through the adoption procedure myself. My fiance's kids see me as their dad and I feel the same about them. We have all the paperwork needed to do an adoption in the UK, so does that mean we fly there, get it done, then fly back, or can we do it here? Agencies online charge around $4,000 per child for this service. I wonder if they are just rip off places like the visa helpers, or if courts in both countries must get involved. I think this is a valid topic, there are some of us here who are looking at bringing over more than just one person.

[JimVaPhuong 4,863]

I will be going through the adoption procedure myself. My fiance's kids see me as their dad and I feel the same about them. We have all the paperwork needed to do an adoption in the UK, so does that mean we fly there, get it done, then fly back, or can we do it here? Agencies online charge around $4,000 per child for this service. I wonder if they are just rip off places like the visa helpers, or if courts in both countries must get involved. I think this is a valid topic, there are some of us here who are looking at bringing over more than just one person.

Why are you going through the adoption process? They'll qualify for derivative K2 visas if they're under 21, and they'll be your step-kids as soon as you marry your fiancee. That will make them eligible for green cards. If she becomes a USC before they're 18 then they'll become US citizens, as well. Otherwise, they can apply when they've been LPR's for five years and they're old enough. The only upside to adopting them is that they become US citizens faster. The downside is that you're stuck with child support if you and your new bride end up divorcing.

[Robert&Karen 264]

As far as I feel, they ARE mine. I feel a separation by being a "step" and I almost take it as an insult. It's a personal decision, not a strategic one.

[JoannaV 174]

Aorobert, I would start a new thread.

Mark, I think Jojo92122 is right. You probably need legal advice.

My (limited) understanding is that I-800 is for Convention adoptees. I-600 is for orphans who are NOT from Convention countries. So sounds like that does apply to you.

It does sound like the fact that your spouse was not involved in the adoptions is a problem. She would have to adopt them in the US. So you would have to be able to meet your state's preadoption requirements. I feel like you need I-600 not I-600A, but I honestly know nothing about this.

As Victor is currently in the US on a non-immigrant visa, he would not be eligible to be classified as an orphan for the purposes of the I-600. The instructions state that if the orphan is in the US he must be in parole status. (So NOT with refugee, immigrant, or non-immigrant status, but rather "paroled"...not sure what it means exactly but can say for sure that Victor does not qualify.)

Ok but then the instructions very clearly state that the petition must be filed before 16th birthday. The ONLY exception would be if the child was 16 or 17 but had a younger sibling who was also being petitioned for. Not the case for you :-(

And the I-130 I assume you have already figured out doesn't apply because neither of the boys have been living with you in your legal custody for the past 2 years.

This sucks :-(

[JoannaV 174]

I will be going through the adoption procedure myself. My fiance's kids see me as their dad and I feel the same about them. We have all the paperwork needed to do an adoption in the UK, so does that mean we fly there, get it done, then fly back, or can we do it here? Agencies online charge around $4,000 per child for this service. I wonder if they are just rip off places like the visa helpers, or if courts in both countries must get involved. I think this is a valid topic, there are some of us here who are looking at bringing over more than just one person.

For what it's worth, I think you only need to do the adoption in one country. From what I can see from the directgov website, you need to be resident in the UK in order to adopt there. Once you guys are married none of you will be in the UK, so I think you can't do it there. But maybe you know more than me? As for the US, every state has different laws. Some may require that you be married for a certain period of time first.

[Robert&Karen 264]

The UK requires that we live there and be married for a year first. The same with California, we have to be married and live here for a year. As the kids are very young I am not too worried about the time frame. I just wish it were spelled out better.