Adoption of stepson necessary?

[Tourseasia 5]

Just married in the Philippines in May, so my stepson is 14 1/2 yrs old and will have 3 yrs left to finish High School in the Philippines.

I was planning on filing a I-130 for both spouse & stepson, just 2 yrs after the wedding anniversary [May 2014], and that will allow 1yr 7 months before he turns 18. The important thing I believe is he was under 18 when he became my stepson.

Then when the I-130's have been received, file the IR-1's for each [since will be married over 2yrs] for immigrant visa's to the USA.

Someone told me "just because you married his mother, doesn't give him a right to go to the USA, they don't care if hes a minor, you have to adopt him first"

I have not heard of any mention on any websites that adoption is necessary first to bring my stepson.

Any body done this route and can fill me in?

Thank you

Edited July 9, 2012 by Tourseasia

[Penguin_ie 5,996]

That is not true, you can absolutely bring the stepson the way you planned.

[Kazulie 132]

In the process of bringing my stepsons now. Many people have done it. No adoption is needed.

[Therealworld 90]

You do not have to adopt. You just have to check on the form if you applying for them to come over with mom or that he will follow at a later date. Please dont always listen to people at times you must always do your own homework for the correct answers. Good Luck!

[Markieboy 104]

Someone told me "just because you married his mother, doesn't give him a right to go to the USA, they don't care if hes a minor, you have to adopt him first"

Absolutely incorrect.

I filed for my stepdaughter. She came to the States, without me having to adopt her.

Your plan sounds great. Hope everything goes well!

[VirtualLee 12]

I am a Filipina with a 7y/o daughter, we were petitioned by my American hubby

w/o him adopting my daughter first.

We tried working on Adoption here in the Philippines, But needs more time and

lots of paper work. so me and hubby agreed to do it in the US.

Edited July 9, 2012 by VirtualLee

[TeddyHoney 42]

I did it. It was some years ago, but I did not need to adopt him.

[Tourseasia 5]

Thanks for the replies, but I'm a little confused now...

Just found this from http://manila.usembassy.gov/wwwh3238.html under Immigrant and K Visa Applicant Appointment Package/Instructions.

IV Applicants Interview Preparation Instruction (English) (PDF - 333Kb).pdf

http://photos.state.gov/libraries/manila/19452/public/Packet%204%20_appointment%20packet_%20English%20rtf%20_revised%20GSS_%20_2_%20rtf2_rtf_april2012_rtf2_001.pdf

NOTICE TO PARENTS

U.S immigration law has very clear and specific provisions regarding who qualifies for immigration.

If you are attempting to bring someone who is NOT your child by birth, the following conditions

must be met for that child to be eligible for an immigrant visa:

- The child must have been adopted under the age of 16 (or be the sibling of a child who was

adopted by the same parents while under the age of 18).The adoption must both be legal and

final. Merely raising the child since birth or taking-in a child for humanitarian reasons does not

constitute a formal adoption. For immigration purposes, the adoption must create a legally-

binding parent-child relationship or confer upon the child the same rights as a child born to the

adoptive parents (i.e., inheritance). In the Philippines, this means the child must have been legally

adopted pursuant to a favorable judgment rendered by an appropriate court of law having

jurisdiction over the matter.

- The child must have been in the legal custody of the adopting parent(s) for two years. “Legal custody”

means the assumption of responsibility by an adult over a minor under the law of the state and under the

order or approval of a court of law or an appropriate government entity. This means that a legal process

involving the courts or a recognized government entity takes place to award custody of the child to the parents.

The date an adopting parent is granted legal custody of the child may be counted toward fulfilling the two-year

legal custody requirement under U.S. immigration law. Otherwise, the date the adoption is finalized shall be

considered the start of legal custody (in the Philippines, the grant of custody is retroactive to the date the

petition was filed). An informal custodial or guardianship document, such as a sworn affidavit signed before a

notary public, is insufficient for this purpose.

- The child must have resided with the adoptive parent(s) for at least two years, during which they exercised

primary parental control. Evidence must be presented to establish that the adoptive child and the adoptive parent(s)

have a bonafide parent-child relationship even during periods while residing apart from each other.

- The child will be processed in much the same way as any other immigrant visa applicant and must therefore satisfy

all the basic requirements to be eligible for an immigrant visa. In addition to the primary documentary requirements,

the child’s immigrant visa application must be supported by the following:

- A certified copy of the adoption decree

- A certified copy of the Certificate of Finality of the adoption

- A certified copy of the child’s birth certificate amended after the adoption, issued by the National Statistics Office

- The legal custody degree (if custody was awarded before the adoption)

- Evidence that the child resided with the adoptive parents for at least two years, during which they exercised

primary parental control

- If the child was adopted at aged 16 or 17 years, evidence that the child was adopted together with, or subsequent

to the adoption of a natural sibling under age 16 by the same

Edited July 10, 2012 by Tourseasia

[Sear 1]

Please correct me if I am wrong, but the way I understand what the OP just posted is if the beneficiary has adopted children, those requirements must be met. It would be very contradictory to what others have posted above if that were true for the petitioners as well - how would they be able to adopt someone if they were e.g. doing K-1?

Good luck on your journey!

[Darnell 8,479]

not needed to adopt the boy.

the stuff you found at the IV Unit / Manila's website DOES cover adoption, but that's for folk who DO choose to adopt.

There is a difference, between 'needed' and 'required', to get the child in on a derivative IR-2 visa. Please understand the difference.

Basically, when you file 2 I-130 petitions, yer covered, no need to adopt, no requirement to adopt.

Good Luck !

[pushbrk 13,117]

Please correct me if I am wrong, but the way I understand what the OP just posted is if the beneficiary has adopted children, those requirements must be met. It would be very contradictory to what others have posted above if that were true for the petitioners as well - how would they be able to adopt someone if they were e.g. doing K-1?

Good luck on your journey!

That is correct. Those instructions are for the children of "visa applicants". In this case the visa applicant is the child's natural parent. The US Citizen "petitioner" is not a visa applicant, so these instructions do not apply to the "petitioner".

[Tourseasia 5]

Sounds logical and good news but they don't make it very specific on the website,[Or am I just not understanding it clearly], but will he need his biological father's permission to immigrate to the USA? The father can't be found!

Thanks

[Markieboy 104]

Sounds logical and good news but they don't make it very specific on the website,[Or am I just not understanding it clearly], but will he need his biological father's permission to immigrate to the USA? The father can't be found!

Thanks

Was your wife previously married to the biological father?

If not, your wife has sole custody. She does not need permission from anyone.

[Tourseasia 5]

Ah, yes I believe the adoption pertains for a US citizen trying to bring over a child that is not theirs, w/o the natural mother, or even the immigrant mother trying to bring over a child and its not their natural born child.

No she was never married, so father permission hopefully won't be needed

Edited July 10, 2012 by Tourseasia

[pushbrk 13,117]

Sounds logical and good news but they don't make it very specific on the website,[Or am I just not understanding it clearly], but will he need his biological father's permission to immigrate to the USA? The father can't be found!

Thanks

It's specific if who know who the "visa applicant" is. Specific to the Philippines, if the mother and father were never married, the father has no rights and his permission is not needed.