Stepparent adoption of K-2 stepchild

[grandpagreg 0]

My wife and stepson, who is now 13 years old, came from Kenya in January 2021 on a K-1, and K-2 visa. They both have their green cards and I am working with a lawyer to adopt my stepson in Virginia. However, my lawyer is afraid that immigration is involved in the adoption process and she’s not sure what to do. Everything that I can find online seems to point to this being a simple stepparent adoption that follows state law and doesn’t involve immigration since the immigration process was completed almost 2 years ago. Does anyone have any information on this?

[JeanneAdil 6,606]

Lawyer is afraid immigration is involved???

get a different lawyer /  this one doesn't seem to know his business 

 

its governed by state law as said by USCIS

 

Adoption in the United States (domestic adoption), including stepparent adoption of a stepchild, is governed by state law. If you want to adopt your stepchild domestically, you may find helpful information on the Department of Health and Human Services’ Child Welfare Information Gateway website, including a Fact Sheet on Stepparent Adoption. You may also wish to consult a U.S. adoption attorney or relevant state authorities about how to complete the adoption in the United States based on the laws in your state of residence.

 

How do I legally adopt my stepchild in Virginia?

 

 

How Do I Adopt My Stepchild in Virginia? A stepparent can file a petition in the circuit court of the county where the birth parent and his or her spouse live or in the county or city where the child resides—this can be done under Code of Virginia § 63.2-1241.

[Mike E 11,742]

15 minutes ago, grandpagreg said:

However, my lawyer is afraid that immigration is involved in the adoption process and she’s not sure what to do

You can DIY without a lawyer:

 

Assuming you are a U.S. citizen, once you complete the adoption your adopted son will immediately be a U.S. citizen. Before mom.  Lol.  

Edited October 11, 2022 by Mike E

[Ontarkie 14,345]

~~Moved to Moving Here and Your New Life, form K1 P&P - the OP is way past the K1 stage.~~

[Ontarkie 14,345]

What is the mother's custody orders like? 

 

For instance some countries like the Philippines gives a single mother sole custody. No issues at all with step parent adoption when they come come to the US

 

. But some Countries like Canada Sole custody is not the same. The bio parent still have 100% the same rights as always, (think of it more like joint custody in the US). You would have to take them to court and have their rights removed or them sign to give them up. In Canada this is not an easy process at all. For example I could not get my USC husband to just adopt the kids even though I have sole custody. Canada sole custody does not mean the other parent has no rights. 

 

SO in short you need to know how it works in Kenya because a State cannot change the laws of the birth country. 

[grandpagreg 0]

The biological father is not on the birth certificate because he never wanted anything to do with it. She has been a single parent until marrying me almost 2 years ago.