Adopt my step children

[rucus 1]

My two step children have been legal permanent residents for 2.5 years. I am interested in adopting them. Adoption would give them legal rights as my heirs to any estate. Also make them U.S. citizens. Their ages are 16 and 17. Their biological father is dead. Has anyone gone this route?

[Transborderwife 4,666]

24 minutes ago, rucus said:

My two step children have been legal permanent residents for 2.5 years. I am interested in adopting them. Adoption would give them legal rights as my heirs to any estate. Also make them U.S. citizens. Their ages are 16 and 17. Their biological father is dead. Has anyone gone this route?

When is their mother eligible for citizenship?  I believe that the adoption needed to be completed before they were 16: https://www.immigrationdirect.com/us-citizenship-children.jsp

Edited March 26, 2017 by Transborderwife

[rucus 1]

Their Mom is eligible in September of this year. Her citizenship will not make them my legal heirs. I am not clear what the age cut off is from immigration page.

[Transborderwife 4,666]

8 minutes ago, rucus said:

Their Mom is eligible in September of this year. Her citizenship will not make them my legal heirs. I am not clear what the age cut off is from immigration page.

You can make them your legal heirs through a will.  Citizenship isn't necessary.  Let them get citizenship through Mom.

 

From the link: 

* All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements. 

**

[Unlockable 7,315]

Get a lawyer and write a well written will. No need for them to be citizens. Happens every day.

[rucus 1]

3 hours ago, Transborderwife said:

You can make them your legal heirs through a will.  Citizenship isn't necessary.  Let them get citizenship through Mom.

 

From the link: 

* All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child's 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements. 

**

A will names beneficiaries not legal heirs. A will can be contested. No need for a will if you have heirs. I am not seeking a naturalization benefit.

[Ontarkie 14,372]

~~Moved to Off Topics, from DCF - As their is no immigration process happening and the OP is not looking at gaining any immigration benefits from adoption.~~

[Transborderwife 4,666]

2 hours ago, rucus said:

A will names beneficiaries not legal heirs. A will can be contested. No need for a will if you have heirs. I am not seeking a naturalization benefit.

Naturalization benefit as a result of adoption is indeed what you're seeking as that's the only way that they'd have citizenship, they cannot be natural born citizens.

[rucus 1]

Some countries of origin do not allow dual citizenship. One of my kids does not want to be a U.S. citizen.However, A LPR can inherit and live in the USA as long as desired.A legal heir can inherit without a will. Please don't tell me what I am seeking. My original question was if anyone had adopted step children.

[Transborderwife 4,666]

9 minutes ago, rucus said:

Some countries of origin do not allow dual citizenship. One of my kids does not want to be a U.S. citizen.However, A LPR can inherit and live in the USA as long as desired.A legal heir can inherit without a will. Please don't tell me what I am seeking. My original question was if anyone had adopted step children.

Yes and a part of that was asking about citizenship.  Why even mention it in the first place?

 

A will is a smart thing to have regardless and a step child can inherit through that legally.  As far as adoption of step children, this is something better asked on a site that offers legal advice, not immigration advice. 

[Ontarkie 14,372]

If you want your step kids to be heirs to your estate you must adopt them. Even adopting adult children still makes them your heirs. Step kids even with a will would get the short end of the stick if contested. They really have zero rights to your estate as a step child. 

Some States are catching up with the times and have laws protecting stepkids, how well I don't know. 

 

I'm not sure why you're asking this as you seem to already know the answer. If anyone has done this and died they sure won't be on here to tell you how it turned out. 

Edited March 27, 2017 by Ontarkie