Step sons from Costa Rica adoption process help needed

[Tsuga92 0]

*I am the boys' step-sister, preparing this post and the adoption process for my dad and their Mom.

My Dad (a US citizen) wants to start the adoption process for his wife's "L" two boys, ages 7 "N" and 14 "P". L, N, and P were all born in Costa Rica and  have their own US green cards.  My Dad and L have been married for two years, and they and the boys have lived together for that long in Pennsylvania, too. N and P's biological dads (different) are listed on their birth certificates, but L has full custody of them. My Dad has a decent relationship with both of the bio-dads and believes he could gain permission to adopt them/have them sign decrees. Both boys have said they want to be adopted. My Dad would like to adopt them for family reasons but also so they can gain the rights entailed with being US citizens.

I'm going to list below what I've found so far about the adoption process. If anyone could personally advise, especially if you have adopted stepchildren from Costa Rica, I would really appreciate it!  Please let me know if anything I've posted is inaccurate, or if I'm missing parts of the process.

First step:

• Does my Dad have to file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative? Or is this only necessary for 2 American parents who want to adopt internationally?

Second step(s): Complete adoption process according to Costa Rica's Laws.
*I found the following information at this Source, but it seems written for American couples wishing to adopt from Costa Rica, not an American with a Costa Rican Spouse...

• RESIDENCY REQUIREMENTS: Costa Rican law requires that, at the initial stage of the adoption process, both prospective adoptive parents must be in Costa Rica to sign the official consent documents before the Costa Rican court. In the case of adoption by a single prospective adoptive parent, that individual must be present to sign the documents. At least 30 days should be allowed for this initial trip. At the end of the process, one of the adoptive parents, or the sole parent if it is a single-parent adoption, must be in Costa Rica to finish the paperwork for the adoption, obtain a travel document for the child (they already have these), and complete immigration procedures at the U.S. Embassy. Since the length of time for the entire adoption process may vary (from eight months to a year), many prospective adoptive parents make two trips to Costa Rica; others prefer to remain in Costa Rica for the entire process.
• While in Costa Rica, the adopting parents need to take the following steps to satisfy local adoption requirements:
  • Meet the child;
  • Give formal consent for the adoption at the court;
  • Obtain a decree of abandonment;
  • Obtain a certified copy of the final adoption decree from the court;
  • Register the adoption at the local Civil Registry;
  • Obtain a birth certificate from the Civil Registry with the new name of the child;
  • Obtain PANI authorization for the child to leave the country;
  • Obtain a Costa Rican passport for the child (both boys have these)
  • AGE REQUIREMENTS: Prospective adoptive parents must be at least 25 years of age and under 60 years of age. (conditions met)
  • MARRIAGE REQUIREMENTS: Costa Rican law permits adoption by married and single persons. A foreign couple must have been married for at least five years.
  • DOCUMENTS REQUIRED: The following documentation is normally required:
    • Certified and authenticated copies of the adoptive parent(s)' birth certificate(s);
    • Certified and authenticated copy of the adoptive parent(s)' marriage certificate (if applicable) and proof of termination of any previous marriages (certified copy of spouse's death certificate or divorce decree);
    • Medical certificate(s) for adoptive parent(s) notarized. The certificate must be authenticated by the Costa Rican Embassy in the U.S. and translated into Spanish.
    • A certificate of good conduct/no criminal record for each adoptive parent from a local police department, notarized or bearing police department seal and authenticated. An FBI report is acceptable in lieu of local police record. This is separate from the FBI check conducted by USCIS as part of the petition process;
    • Verification of employment and salary, notarized and authenticated;
    • Two letters of reference notarized and authenticated;
    • A certified and authenticated copy of property trusts deeds, if applicable;
    • A home study prepared by an authorized and licensed social agency, certified and authenticated, may be required in some cases by the Costa Rican authorities if necessary information was not included on the USCIS (I-800A).
    • Bank statements, notarized/certified and authenticated;
    • Family letter of intent to adopt, which states any general preferences requested by the family, i.e. a certain age, sex, etc. notarized and authenticated.
       

Third step(s): Get adopted in the US courts:

For adoptions to be finalized in the United States: The Child Citizenship Act of 2000 allows your child to typically acquire American citizenship when the U.S. state court issues the final adoption decree. So, in our case, we would go to the Pennsylvania court and present the adoption paperwork from Costa Rica (certified translations of all, I think?) and start this process. Any feedback on how long this takes?

 

Final steps:

Apply for naturalization papers? Then apply for US passports for both boys?

Sorry for the long post, TIA for the help!
 

 

[Georgia16 2,858]

If it mainly just for them to become USC then you guys know that when their mon becomes a citizen here they will automatically also become a citizen as they are under 18, living with her and have Green cards. 

 

How long have she had her GC?

[SusieQQQ 11,586]

8 minutes ago, Tsuga92 said:

My Dad would like to adopt them for family reasons but also so they can gain the rights entailed with being US citizens.

 

From a citizenship perspective, the boys will naturalize automatically when the mother does if she does that before they turn 18, so adoption is not necessary from a “USC” perspective if you can wait another couple of years (or however long till she does it). Once naturalized by this route they can immediately apply for passports, and optionally for a certificate of citizenship (but a passport is sufficient proof of citizenship).  If the mom has already had a green card for 2 years (not clear if she entered on CR1 or adjusted) they may possibly become citizens faster this way than through an adoption process too. Of course, the family reasons you mention may be more important, but seeing as you mentioned the USC aspect I just wanted to highlight that.

[Tsuga92 0]

21 minutes ago, Georgia16 said:

If it mainly just for them to become USC then you guys know that when their mon becomes a citizen here they will automatically also become a citizen as they are under 18, living with her and have Green cards. 

 

How long have she had her GC?

Hi, she received her GC on August 29, 2018. As I understand it, she will need to hold a GC for minimum 5 years (August 29th, 2023) before she can even apply to be a citizen. The estimate for the Costa Rican adoption process was around a year, and the US adoption process about 3 months, so I think this is still the fastest route for the boys to gain citizenship? I believe P would be about 17.5 yrs old when L becomes eligible for citizenship.

[SusieQQQ 11,586]

2 minutes ago, Tsuga92 said:

Hi, she received her GC on August 29, 2018. As I understand it, she will need to hold a GC for minimum 5 years (August 29th, 2023) before she can even apply to be a citizen. The estimate for the Costa Rican adoption process was around a year, and the US adoption process about 3 months, so I think this is still the fastest route for the boys to gain citizenship? I believe P would be about 17.5 yrs old when L becomes eligible for citizenship.

3 years if married to USC, not 5. If I may ask, what is the huge rush? Yes it’s a couple of years longer, but way less hassle (not to mention money, as there is no cost for the minor children doing it automatically).

Edited December 10, 2019 by SusieQQQ

[Georgia16 2,858]

2 minutes ago, Tsuga92 said:

Hi, she received her GC on August 29, 2018. As I understand it, she will need to hold a GC for minimum 5 years (August 29th, 2023) before she can even apply to be a citizen. The estimate for the Costa Rican adoption process was around a year, and the US adoption process about 3 months, so I think this is still the fastest route for the boys to gain citizenship? I believe P would be about 17.5 yrs old when L becomes eligible for citizenship.

It is all up to you guys what you want. She can apply after being a GC holder for 3 years (minus 90 days) so its not that long.

 

Why do they have to obtain it SO fast? sounds like it's more for the citizenship.

[geowrian 22,337]

Adoption that qualifies for immigration benefits is a complex topic. It's a bunch of extra work and fees for something that seems to have very little benefit (maybe a year or 2 faster naturalization?).

Your call to make to proceed or not, but know that it is a complex route for something that doesn't need to be complicated.

[Tsuga92 0]

Thanks, all. I wasn't aware that L would be eligible after only 3 years since she is married to my Dad. There are other personal reasons my Dad wants to pursue adoption, but at least I can give him this information. Does anyone have a government source  (webpage) of where I can find the 3 year GC stipulation for citizenship?

[geowrian 22,337]

27 minutes ago, Tsuga92 said:

Thanks, all. I wasn't aware that L would be eligible after only 3 years since she is married to my Dad. There are other personal reasons my Dad wants to pursue adoption, but at least I can give him this information. Does anyone have a government source  (webpage) of where I can find the 3 year GC stipulation for citizenship?

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

[SusieQQQ 11,586]

4 hours ago, Tsuga92 said:

Thanks, all. I wasn't aware that L would be eligible after only 3 years since she is married to my Dad. There are other personal reasons my Dad wants to pursue adoption, but at least I can give him this information. Does anyone have a government source  (webpage) of where I can find the 3 year GC stipulation for citizenship?

The kids should also be made aware of the consequences of being adopted in terms of their biological fathers. For example, if your father adopts them and they naturalize on the basis of being his child, they can never sponsor their own fathers for a green card, whereas if they naturalize on the basis of their mom they can. I guess they may be a bit young to figure out consequences, but basically adoption closes off certain options otherwise open to them in the future.  Again if there are personal/emotional reasons etc that’s all fine, but I would really urge your family to ensure they understand all the implications. We have certainly seen some posts in the past by distressed people just realizing they cannot bring their birth parents over.  With due respect, the fact that your family did not realize the 3-year naturalization rule for spouses (visajourney is overrun with such cases) implies that you have not done that much research into various immigration implications. Adoption is not a step to be taken lightly, and adoption for immigration even less so.

Edited December 11, 2019 by SusieQQQ