K2 Follow to join - adoption instead of AOS?

[gursha 9]

Hi All,

Is it possible for me (US citizen) to adopt my K2 follow to join stepchild (7 years old; we currently reside in GA) without first undertaking AOS? Child's mother is deceased, child's grandparents in Ethiopia are supportive of idea, so the adoption would be uncontested. K2 has been in US for 14 months. My husband came here on a K1 and has his green card (removal of conditions to be petitioned in Nov 2017).

Thank you! 

[f f 725]

since the children still have a biological parent alive you will not be able to get any immigration benefit from adopting them. there is nothing preventing you from adopting them on the us side. as a step parent you are still able to file i130 for them if the k2 is not available for them.

 

good luck

[gursha 9]

Thank you FF. Please allow me clarify my questions: (1) is adoption allowable if AOS has not happened (it appears from your note that adoption is allowable at this time even though we have not yet begun the AOS process) and (2) if I pursue adoption, do we still need to undertake AOS concurrently/afterwards or does my stepson become a U.S. citizen (or get his conditional greencard?) by virtue of the adoption process?