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RosaMystica7

Conditional greencard question

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I have no clue what forum this belongs on so, if I put it in the wrong place, please feel free to move it around as you see fit!

My fiance and I would like to adopt internationally down the line. The USCIS requirements are that the petitioner be over 25 years of age and be a US citizen. Considering I'm currently 22, if we want to adopt in 2 years I (the USC) will be under the age limit - but my fiance (the French citizen) won't, so he'd have to be the petitioner. Now, I'm not too fluent in the timeline of what will happen after my fiance moves here yet because I'm caught up in preparing stuff for his interview. From what I do get... he moves here, we apply for AOS, when it's granted he's given a greencard and conditional permanent residency... 2 years after he gets the conditional greencard he can apply to lift the conditions. So if my fiance moves here in March, we marry and apply for AOS in April... figure 2 years from now my fiance will still be a conditional permanent resident? Since he will be the one over the age of 25 at that point in time, does a conditional permanent resident count as a US Citizen as far as adopting internationally goes? Or would he have to have the conditions removed before being able to do that?

This is from the I-600 form, petition to classify an orphan as an immediate relative, which would be needed for the adoption:

Proof of US Citizenship of the petitioner:

If the petitioner was born outside of the United States, submit a copy of one of the following:

- Certificate of Naturalization or Certificate of Citizenship issued by the USCIS;

- Form FS-240, Report of Birth Abroad of a Citzen of the United States, issued by an American Embassy;

- An unexpired US Passport initially issued for 10 years, or

- An original statement from a US Consular Officer verifying the applicant's US citizenship with a valid passport.

So, out of sheer curiosity, would his conditional permanent residence with the greencard that he'll get after AOS be enough for this? Yes I know I'm getting ahead of myself. :blush: I'm just curious to know if we have a 3 year wait til we can adopt, or if our wait to be eligible to adopt could be shorter than that.

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

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He won't be a USC, so he won't qualify to petition. It'll take him 3 years of being a permanent resident before he can qualify to become a USC. When he lifts the conditions on his conditional green card, he'll still be a permanent resident and need to apply for naturalization in order to become a USC. Maybe plan to do this in 3 years.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Okay. I'm confused with all this terminology. So permanent resident doesn't equal USC, even after the conditions are lifted? I thought it did. Whoops. Thanks for the help.

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

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Filed: Country: United Kingdom
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Okay. I'm confused with all this terminology. So permanent resident doesn't equal USC, even after the conditions are lifted? I thought it did. Whoops. Thanks for the help.

Angilla,

I really recommend that both of you read the links inside the following thread. It's important for you to understand what status your partner will have in the US, and what his rights and responsibilities are. What Happens After AOS???, What will you be?

US citizenship is 'the greatest benefit the US gov't can bestow' (according to their press) and it is optional, and must be applied for after one has been a resident of the US for a number of years (and has met certain other conditions). If you are interested in having your 'he' become a US citizenship, there is a pinned post in the Citizesnhip forum that explains the basics.

Either way, it will be +3 years before he is eligible, and you will be eligible before that (regarding the adoption), so perhaps revisit it with you as petitioner in a few years.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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She said she's curious. Is there an issue with her asking the question? :blink:

Anyhow, I'm curious about that too - we may look to adopt too. I wonder if my fiance never becomes a US citizen, can I petition on my own? Interesting question Angilla.

Remove Conditions

08-19-2009: I-751 Sent to VSC

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Filed: K-1 Visa Country: Singapore
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