Adoption of stepson necessary?

[tob187 11]

You have to adopt him if you ain't married to his mom for him to be eligible to come here with her on the k1 visa .if you marry her there then you have to file a petition for her to come after you because the k1 if for fiance-fiancee only good luck

But he will be on the petition also

[pushbrk 13,133]

You have to adopt him if you ain't married to his mom for him to be eligible to come here with her on the k1 visa .if you marry her there then you have to file a petition for her to come after you because the k1 if for fiance-fiancee only good luck

But he will be on the petition also

No, you do not ever need to adopt a foreign fiancee or spouse's child in order to bring them to the USA. Never. NO.

[Darnell 8,479]

You have to adopt him if you ain't married to his mom for him to be eligible to come here with her on the k1 visa .if you marry her there then you have to file a petition for her to come after you because the k1 if for fiance-fiancee only good luck

But he will be on the petition also

disagree. sorry.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America; main point of topic is petitioning on behalf of stepson.

You have to adopt him if you ain't married to his mom for him to be eligible to come here with her on the k1 visa .

That is grossly incorrect information.

[dm559 34]

This does NOT apply in stepparent situations if the marriage that created that relationship took place before the child turned 18 (which it did) USCIS will consider his son a Child of USC. So the below information is only for someone who is adopting a child who is not eligible under any other catagory for immigration.

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

[JimVaPhuong 4,863]

You have to adopt him if you ain't married to his mom for him to be eligible to come here with her on the k1 visa .if you marry her there then you have to file a petition for her to come after you because the k1 if for fiance-fiancee only good luck

But he will be on the petition also

Please do some basic research on the K2 visa. You obviously don't know what you're talking about.

Two of my wife's kids got visas at the same time she did. I didn't adopt the kids, nor do I have any plans to adopt them now as they're both adults, and I wasn't married to their mother at the time their visas were issued.