To File or not to File

[masterpiece 2]

Here is the scenario that leaves me slightly confused:

My fiancee will be in U.S before the year runs out with 5yr old stepson (she is the sole custodian of child)

We wish to start adoption proceedings (if possible....yet to find the NYS statute on this) as soon as we are married

I wish to file AOS for both of them in January 2007.

Quagmire:

How to file for stepson since new name has not been legalized (as would be in final adoption decree)?

Options??

Do i wait until final adoption decree is obtained before filing for him? That means a different timeline from fiancee and different wait period. What if K2 visa expires during this waiting period??

Do i go ahead and file for both of them at the same time and then later shell out ($190.00 - no biometrics) for form I-90 (replacement card). Note original filing will cost $225.00.

Or do i go carry a placard to my local CIS office stating too many fees................

Comments, Suggestions, shared experiences..............all welcome.

[pooh_loves_muffet 0]

It stands to reason that you may have to wait until the "legal" mention of your query is no longer a concern. Custodial obligation and legal adoption are not the same. The father may be a problem. It was for me, and I am a US citizen. He was not available financially or otherwise, but he thwarted adoption proceedings of my stepfather.

You may need the advice of an adoption lawyer, but I know for a fact you do not want to upset the biological father in these matters.

I am sorry it is not simpler, but you may be in for some possible adversity, as the child does not belong to either of you.

[rebeccajo 14]

Your 'stepsons' immigration status is dependant upon his mothers immigration status.

File for the two of them together.