Quick question about petitioning for adopted child of wife

[Theodoris92 0]

Hello,

 

I filled out a I-130 for my wife, and stepchild who live in the DR (along with beneficiary).

 

If my wife legally adopts a child who lives with her brothers and isn't biologically related, would I be able to fill out an I-130 for him as well as a step child if she gets legal custody, or legally adopts that child? I read, and I think I know the answer based on the following but I wanted input from members and folks with experience. From what I've read, it seems the child would need to live with me and my wife for two years:

 

(i)"  Primary evidence for a legitimate child or son or daughter.     If a petition is submitted by the mother, the birth certificate of the child showing the mother's name must accompany the petition. If the mother's name on the birth certificate is different from her name on the petition, evidence of the name change must also be submitted. "

 

(ii)"A child can be legitimated through the marriage of his or her natural parents, by the laws of the country or state of the child's residence or domicile, or by the laws of the country or state of the father's residence or domicile. " 

 

 

" Primary evidence of the relationship should consist of the beneficiary's birth certificate and the parents' marriage certificate or other evidence of legitimation issued by civil authorities. " 

- Would the bolded imply if my wife becomes the legal guardian/custodian, does that make me the stepparent? 

 

 

(iv)     Primary evidence for a stepchild.     If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.    

- So, if my wife isn't the natural parent, but is the legal guardian/adopted mother, do I have the right to file a petition?

 

(vii)     Primary evidence for an adopted child or son or daughter.     A petition may be submitted on behalf of an adopted child or son or daughter by a United States citizen or lawful permanent resident if the adoption took place before the beneficiary's sixteenth birthday, and if the child has been in the legal custody of the adopting parent or parents and has resided with the adopting parent or parents for at least two years. A copy of the adoption decree, issued by the civil authorities, must accompany the petition.      

 

I would like clarification, do I have grounds to file this petition? The child is only 12 years old. We've already filed for her, and my stepchild, would filing for this child after he's legally adopted by her be a "red flag" and would I be eligible based on what I've shared? There's alot of ambiguous text here. My wife, stepchild, and the child she's trying to legally adopt all live in the Dominican Republic if that helps. All help and insight is appreciated, I know someone must have been in this scenario before. Do I have to wait 2 years of having this child life with us? This isn't likely to happen since we've been having a distant relationship...

 

Thanks! 

Theodoris

 

Edited May 17, 2018 by Theodoris92

[Liam2021 566]

Adopt a child and immigration are two different problem. I think you should get advice from immigration lawyer.

[Theodoris92 0]

7 minutes ago, H&T said:

Adopt a child and immigration are two different problem. I think you should get advice from immigration lawyer.

True, I would but I don't have the money for that so I thought I would post here and see if someone was ever in this scenario and could provide free advice. 

[Boiler 43,996]

My understanding is that if she adopts the child and the child is her care for 2 years then you will be able to file an immigrant petition.

 

Assuming the laws do  not change.

 

But second the legal advice requirement.

[NigeriaorBust 4,087]

  Where are the child's biological parents? 

[Theodoris92 0]

12 hours ago, NigeriaorBust said:

  Where are the child's biological parents? 

The child's biological parents have never been involved in the child's life, and essentially allowed my wife's family to raise the child and embrace them as his own. They're also more than willing to allow the child to be legally adopted by my wife and said that they feel like he isn't a child of their own. 

[Boiler 43,996]

Sounds just a question of time.

[pushbrk 12,327]

8 hours ago, Theodoris92 said:

The child's biological parents have never been involved in the child's life, and essentially allowed my wife's family to raise the child and embrace them as his own. They're also more than willing to allow the child to be legally adopted by my wife and said that they feel like he isn't a child of their own. 

Your wife will need to fulfill the two year requirement or the child she has not already adopted will have no path to immigrate to the US.  This policy is in place to avoid situations where a foreigner marries a US Citizen, then wants to bring extra children along to the US for a better life.