Citizen path for adopted child of Dual Nationality Parents living abroad

[bboy 0]

Here are the basic facts:

US Citizen living in Mexico with FM3 Visa, working at Mexican University, own home, have biological daughter who attends school

Wife is former US green card holder, Mexican Citizen, working at company, lives with spouse (me) and daughter in home that we own.

Adoption is via Social Services group know as DIF here in Mexico. Girl is 11 years old. The adoption will be completed here in Mexico. We will receive a Mexican birth cert with girls name on it and my name, wife's name, and assume our nationality.

We have no intention of living in the USA for the next two years (have jobs, own home, etc). The adopted girls will be in our custody the whole time. We would like to visit the USA, but we would likely travel to USA with the adopted girl on a non-immigrant travel visa.

I have read the travel.state.gov web site for Mexico and I plan on obtaining a "plena" adoption decree. If there is something else I need let me know. (I will have a document termination of parental rights also).

Now the question: what is best path or at least a good path for my adopted daughter to obtain citizenship before she is 17?

I have read many, many options, such as, apply for passport via I-130 from outside USA at US embassy in Mexico, or apply for Cert of Citizen ship from either outside or inside of the USA via the N600-K form.

As I understand it, since I am not residing in the USA and we will have custody for the minimum 2 years the Hague Convention does not apply, nor am I seeking entry into the USA on an immigrant visa for an adopted child (IH-3 or IR-3).

Thanks to all who may reply ;-)

[Penguin_ie 5,996]

Just to confirm: the biological girl of the USC you mention in the first paragraph is NOT the same person as the girl you intend to adopt?

[bboy 0]

yes we have one biological girl (us citizen) and are adopting a mexican girl

i have residences in both usa and mexico, but for last two years we have lived here and will likely continue to

[aaron2020 11,651]

In order for an adopted chip to receive any immigration benefits through the adopting parent, the adoption must be finalized before the child's 16th birthday.

If you adopt her after she turns 16, she would not be considered your daughter for immigration purposes. She would be your daughter for every other purposes under US laws.

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The adopted child can only receive US citizenship if the child gets a green card before age 18 and lives with you in the US.

Edited January 23, 2013 by aaron2020