Affidavit of support / adopted children (merged)

[SalishSea 17,829]

1 hour ago, GNGK said:

Hi thanks for the feedback, our children are not US citizens yet (adopted children) so do you know if that would make a difference? 

That complicated things a bit.....adoption as it relates to immigration has an entirely separate set of laws.   I’m trying to think of who here might be able to explain it.....    maybe @SusieQQQ or @HRQX?

[HRQX 4,145]

1 hour ago, GNGK said:

(adopted children)

Is your US citizen wife listed as an adoptive parent on the final adoption decree? If so, they don't need Affidavits of Support. You also don't need to pay USCIS Immigrant Fee for them:

 

FAQ page for more info on applying for US passports after entry: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

Edited February 18, 2021 by HRQX

[HRQX 4,145]

9 hours ago, Khan Vez Ahmad said:

I think the lines in bold may apply to your case.

Nope. You should have kept reading on:

9 hours ago, Khan Vez Ahmad said:

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

 

Edited February 18, 2021 by HRQX

[KVAJDVC 3]

we are talking about the affidavit of support and the income requirement and not about the visa requirement. obviously if someone is already from the USA he/ she doesn't need a visa. @Jorgedig

Edited February 19, 2021 by Khan Vez Ahmad

[GNGK 0]

18 hours ago, HRQX said:

Is your US citizen wife listed as an adoptive parent on the final adoption decree? If so, they don't need Affidavits of Support. You also don't need to pay USCIS Immigrant Fee for them:

 

FAQ page for more info on applying for US passports after entry: https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

Hi again, thanks for the feedback, just looking into this and wondering what our next step would be then? Can we just apply for US passports for our adoptive children from here in the UK? Meaning when we enter the states they will receive the I-551? Or do we need to other things first? 

Our plan before reading this was to apply for the I130s for the kids as well as me but then they would also have to have sponsors (from what we have read anyway). So much conflicting information. 

[millefleur 5,046]

**Similar threads merged. Please keep all discussion around the adopted children case to this thread.**

 

VJ Moderation

[HRQX 4,145]

3 hours ago, GNGK said:

Can we just apply for US passports for our adoptive children from here in the UK?

No.

3 hours ago, GNGK said:

just looking into this and wondering what our next step would be then?

• Your wife files the petitions (Form I-130), if she hasn't already done so. It's a total of 4 petitions (1 for you and 1 per child). The petitions can be filed online: https://www.uscis.gov/i-130 (Also leave the "adjustment of status" section completely blank.) Note that the children must meet the following before submitting the petition: https://fam.state.gov/fam/09FAM/09FAM050203.html "INA 101(b)(1)(E) permits a U.S. citizen to petition for an unmarried, under age 21 “child” who was adopted while under the age of 16, and has been in the legal custody of, and has jointly resided with, the adopting parent or parents for at least two years."
• After the petitions are approved USCIS forwards them to NVC.
• Inform NVC that the children are "under 18 years of age, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon his/her admission to the United States." and thus don't need I-864 affidavits and don't need to pay that fee: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-3-pay-fees/nvc-fee-payment-faqs.html "If you are not required to submit an Affidavit of Support form, you do not need to pay an AOS fee."
• (Fast forwarding through the common Immigrant Visa steps)
• After getting the visas, just pay the 1 USCIS Immigrant Fee for you. You don't have to pay that fee for the children:

• After entering the US, apply for the children's US passports:

21 hours ago, HRQX said:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

you will need to present the following when applying for your child's U.S. passport:

• Proof of the child’s relationship to the U.S. citizen parent. For the biological child of a U.S. citizen, this generally will be a certified copy of the foreign birth certificate (and a translation if the birth certificate is not in English). For an adopted child, you must submit a certified copy of the final adoption decree (and a translation if the decree is not in English);
• Proof the child is admitted as a lawful permanent resident, such as the child’s foreign passport with a I-551 stamp, or the child's permanent resident card (green card);
• Proof of identity and citizenship of the U.S. citizen parent(s);
• Evidence the child is residing in the United States in the legal and physical custody of the U.S. citizen parent;
• Completed Form DS-11 and supporting documents.

An example of a "foreign passport with a I-551 stamp":

It's the oval blue stamp above "VISA" letters. It's stamped at the POE when entering the US.

Edited February 19, 2021 by HRQX

[aaron2020 11,651]

The adopted kids are not US citizens.  They were adopted abroad.  They need separate I-130 to immigrate to the US.  They do not need Affidavit of Support because they would automatically become US citizens upon entering the US with immigrant visas.  

The foreign spouse will need his own I-130.  The USC spouse will file an I-864 with a household of 4 (USC, immigrant spouse, and two kids).  The Joint Sponsor will file his own I-864 counting his household and the intending immigrant spouse.  (The kids are not counted because they don't need I-864).

[aaron2020 11,651]

4 hours ago, GNGK said:

Hi again, thanks for the feedback, just looking into this and wondering what our next step would be then? Can we just apply for US passports for our adoptive children from here in the UK? Meaning when we enter the states they will receive the I-551? Or do we need to other things first? 

Our plan before reading this was to apply for the I130s for the kids as well as me but then they would also have to have sponsors (from what we have read anyway). So much conflicting information. 

Your kids are not US citizens so they can not apply for US passports in the UK.

 

Your USC spouse has to file separate I-130 for you and the adopted kids.  They do not need sponsors for the I-864 because they would automatically be US citizens upon entering with their immigrant visas.  Your spouse needs to file an I-864 for you.  The Joint Sponsor files a separate I-864 for you where he counts his household and you only.  

When you and the kids enter the US, your immigration visas become temporary 1 year I-551.  With those, the kids can get US passports because entering on immigrant visas make them US citizens.  They do not need to pay the $220 immigrant fee.  You will not be a US citizen, so you will need to pay the $220 immigrant fee to get your plastic green card.  

[SalishSea 17,829]

18 hours ago, Khan Vez Ahmad said:

we are talking about the affidavit of support and the income requirement and not about the visa requirement. obviously if someone is already from the USA he/ she doesn't need a visa. @Jorgedig

Yeah, did you read the original post?  The family in question is in the UK, not US.