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Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Good news is that both my wife and stepson's Green Cards are now in hand, as of today! I'm very happy to make that announcement...

Now, onto the next step... Has anyone here been though the process of adopting their spouse's child? If so, I would really appreciate some information (i.e. time frame, requirements, cost and etc).

Best regards to you all,

Sahs

Edited by Sahs
Posted (edited)

The laws regarding step-parent adoption vary from state to state. I actually have a final hearing set for Tuesday regarding adopting my step-son, and fortunately here in Texas the court and the judge have let me forgo having the home study performed, as my step-son has been in my care for over a decade now. It will also depend on whether the biological parent is willing to voluntarily relinquish their parental rights (easiest and cheapest) or whether you would be asking the judge to involuntarily terminate their rights.

Having a consultation with a Louisiana family attorney is certainly a good idea.

All told it's cost me approximately $1,800 including attorney's fees, court filing fees, and the criminal background check fee, and that's with it being uncontested. I was told that if the sperm owner had contested it then I was looking at anything from $5,000 - $10,000.

I started the process approximately two months ago. I tracked down the sperm owner using his social security number and a private detective, then had my lawyer send him a threatening letter with a lot of long words in it like "judicious" and "abandonment", basically telling him to either sign the relinquishment or I would pursue child support with the Attorney General's office. He chose the former, which is what I wanted.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

No my son is a Texan, I just happened to see your post on the front page.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Country: Philippines
Timeline
Posted

Thanks for the details! I particularly like your method of getting the relinquishment signed!

I took note that your case is from the UK? Have you a Filipino Stepchild as well?

Doesn't matter what country the child is from, the process is determined by what state you live in.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

HANK!!! How's it going, man? Great to hear from you again.

Thanks for that, but I assumed the Philippines would have some part it the process? I mean, his birth certificate is from the Philippines. Going through an adoption here in the US; does this mean he would get a US birth certificate when the process is completed?

Brgds,

Sahs

Filed: Country: Philippines
Timeline
Posted (edited)

The Philippines will have no say in the adoption process.

ETA: Regarding the new birth certificate, the link below might help you.

http://new.dhh.louisiana.gov/index.cfm/page/680

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Filed: Other Country: Philippines
Timeline
Posted

HANK!!! How's it going, man? Great to hear from you again.

Thanks for that, but I assumed the Philippines would have some part it the process? I mean, his birth certificate is from the Philippines. Going through an adoption here in the US; does this mean he would get a US birth certificate when the process is completed?

Brgds,

Sahs

It goes good, 100+ temps have arrived so I guess it is summer. ;)

Because the child is in the USA with his mother and not the Philippines the state you live in controls the strings.

Sounds like you two are doing good and moving forward.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted (edited)

After adoption, the birth records of the minor child are amended, if the child was born in the US. My step-son was, so his birth certificate will be changed and I will obtain a new certified copy of his new birth certificate. The link above seems to indicate that a new birth certificate will be issued by the state for a foreign-born child, but it will not serve as proof of US citizenship.

The minor child will, upon the adoption being final, likely become a US citizen automatically under the Child Citizenship Act (2000).

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: K-1 Visa Country: Philippines
Timeline
Posted

After adoption, the birth records of the minor child are amended, if the child was born in the US. My step-son was, so his birth certificate will be changed and I will obtain a new certified copy of his new birth certificate. The link above seems to indicate that a new birth certificate will be issued by the state for a foreign-born child, but it will not serve as proof of US citizenship.

The minor child will, upon the adoption being final, likely become a US citizen automatically under the Child Citizenship Act (2000).

That one went so far over my head, my friend. So, you see it being an issue for us??? I'm thinking that because my wife if the legitimate mother, whom has full parenting right, we would be in a better position.

It goes good, 100+ temps have arrived so I guess it is summer. ;)

Because the child is in the USA with his mother and not the Philippines the state you live in controls the strings.

Sounds like you two are doing good and moving forward.

Yes, indeed. Sounds like summer for sure.

One top of that, the biological father's name is not even on the birth certificate. My wife has full parenting rights.

So good to hear you're doing alright, Bud.

Best!

Posted

The only complication that I see right now is the father. You will require his consent to voluntarily relinquish his parental rights (severing the legal relationship between himself and the child), or would need to ask the court to involuntarily sever them in the best interests of the child, so that the adoption could proceed.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: K-1 Visa Country: Philippines
Timeline
Posted

The only complication that I see right now is the father. You will require his consent to voluntarily relinquish his parental rights (severing the legal relationship between himself and the child), or would need to ask the court to involuntarily sever them in the best interests of the child, so that the adoption could proceed.

Even if the biological father isn't on the birth certificate? We can thank my wonderful mother in law for that suggestion.

Posted (edited)

Even if, I'm afraid. Assuming the child wasn't a product of immaculate conception, the father is still the father regardless of whether he appears on the birth certificate or not. In my case, my step-son's birth certificate also lists no father, but he was required to submit to a paternity test for child support purposes, and that established him as the child's father.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Country: Philippines
Timeline
Posted

Even if, I'm afraid. Assuming the child wasn't a product of immaculate conception, the father is still the father regardless of whether he appears on the birth certificate or not. In my case, my step-son's birth certificate also lists no father, but he was required to submit to a paternity test for child support purposes, and that established him as the child's father.

No paternity testing, no child support .... this isn't the UK

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

 
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