Getting passport for adopted minor child.

[davemcphe 22]

I am a US Citizen by birth.  My wife and daughter came to the US on a Green Card almost 3 years ago.  A year after they came to the US I adopted my stepdaughter and she now has a UT Birth Certificate.  I filed an N600 on her over 18months ago, she did have her fingerprints and picture taken about 4 months ago.  We applied for her US passport about 3 weeks ago.  I just got a letter requesting Proof of Citizenship and a DS-5507 Affidavit of Physical Presence or Residence, Parentage and Support.  My question is do I put myself as the 1st biological parent in section 1 or as the other biological parent.  I realize I am neither but I am her adoptive father and therefore she as a minor (14) would receive citizenship from me.  I can't get an appointment with a lawyer for 3 weeks and I need to get this sent in to get her passport back in time for our trip to Thailand.

 

Thanks for your help,

 

Dave

[Boiler 45,411]

Has the Mother naturalised.

[davemcphe 22]

Just now, Boiler said:

Has the Mother naturalised.

She isn't eligible until she has been in the country 3 years which will be July 3, 2024

[Boiler 45,411]

1 minute ago, davemcphe said:

She isn't eligible until she has been in the country 3 years which will be July 3, 2024

She can file 90 days before that date.

[davemcphe 22]

1 minute ago, Boiler said:

She can file 90 days before that date.

I will have to start that paperwork in the meantime I didn't file the I-751 for my daughter since she is a citizen and should be using a US passport when we travel to Thailand in July.  That is why we are trying to get the info returned to the passport office to get her passport before July.

 

Just now, davemcphe said:

I will have to start that paperwork in the meantime I didn't file the I-751 for my daughter since she is a citizen and should be using a US passport when we travel to Thailand in July.  That is why we are trying to get the info returned to the passport office to get her passport before July.

 

So her Green Card is now expired.

[Boiler 45,411]

Just now, davemcphe said:

I will have to start that paperwork in the meantime I didn't file the I-751 for my daughter since she is a citizen and should be using a US passport when we travel to Thailand in July.  That is why we are trying to get the info returned to the passport office to get her passport before July.

 

I do not know about the adoption route, if I have seen it discussed I have forgotten about it. A Naturalisation Certificate is always a good idea.

 

Presumably she can travel on the smale basis as her mother.

 

Ohh it would be the Mother applying for Naturalisation.

[davemcphe 22]

7 minutes ago, Boiler said:

I do not know about the adoption route, if I have seen it discussed I have forgotten about it. A Naturalisation Certificate is always a good idea.

 

Presumably she can travel on the smale basis as her mother.

 

Ohh it would be the Mother applying for Naturalisation.

Just checked: My wife has to wait 5 years for Naturalization, but my 14 year old daughter gains citizenship through adoption.

 

 

Use this form to request to become a U.S. citizen through naturalization. Naturalization is the process you take to voluntarily become a U.S. citizen if you were born outside of the United States.

In general, you may apply for naturalization when you meet all the requirements to become a U.S. citizen. The following general eligibility requirements apply to most naturalization applicants:

• You are at least 18 years of age when you file;
• You have been a lawful permanent resident of the United States for at least 5 years;
• You have demonstrated continuous residence in the United States for at least 5 years;
• You have lived in the U.S. state or U.S. Citizenship and Immigration Services (USCIS) district where you claim residence for at least 3 months before filing;
• You have demonstrated physical presence in the United States for at least 30 months (913 days);
• You demonstrate good moral character;
• You demonstrate an attachment to the principles of the U.S. Constitution;
• You demonstrate a basic knowledge of U.S. history and government (also known as “civics”) as well as an ability to read, write, speak, and understand basic English; and
• You are willing to take the Oath of Allegiance to the United States, and you are well disposed to the good order and happiness of the United States.

[Boiler 45,411]

You have divorced, no longer living together?

[davemcphe 22]

1 minute ago, Boiler said:

You have divorced, no longer living together?

No we are still married, living together, My wife has a current green card I-751 filed, My daughters green card is expired because I didn't see any sense in extending her green card (and paying an extra fee) because she gets citizenship through adoption by me a US citizen.  My wife can reenter the US on her green card my daughter cannot without a US passport.  That is why we are trying to get this processed as quickly as possible.

[SalishSea 17,774]

2 hours ago, davemcphe said:

No we are still married, living together, My wife has a current green card I-751 filed, My daughters green card is expired because I didn't see any sense in extending her green card (and paying an extra fee) because she gets citizenship through adoption by me a US citizen.  My wife can reenter the US on her green card my daughter cannot without a US passport.  That is why we are trying to get this processed as quickly as possible.

Then why must your wife wait 5 years?   Doesn’t make sense.

[OldUser 6,561]

2 hours ago, davemcphe said:

No we are still married, living together, My wife has a current green card I-751 filed, My daughters green card is expired because I didn't see any sense in extending her green card (and paying an extra fee) because she gets citizenship through adoption by me a US citizen.  My wife can reenter the US on her green card my daughter cannot without a US passport.  That is why we are trying to get this processed as quickly as possible.

Why wasn't daughter included in your wife's I-751? What proof of legal status does she have now?

[davemcphe 22]

9 minutes ago, SalishSea said:

Then why must your wife wait 5 years?   Doesn’t make sense.

She has not been a legal resident for 5 years, you have to meet ALL REQUIREMENTS

 

You have been a lawful permanent resident of the United States for at least 5 years;

You have demonstrated continuous residence in the United States for at least 5 years;

 

and she didn't come across the southern border illegally.

[davemcphe 22]

8 minutes ago, OldUser said:

Why wasn't daughter included in your wife's I-751? What proof of legal status does she have now?

She is a citizen through adoption, and I have paid the fee for the N600 but am waiting for the Certificate of Citizenship to come back.

Why pay the fee for the I-751 when she is a citizen and I have already filed the N600?

[Boiler 45,411]

6 minutes ago, davemcphe said:

She has not been a legal resident for 5 years, you have to meet ALL REQUIREMENTS

 

You have been a lawful permanent resident of the United States for at least 5 years;

You have demonstrated continuous residence in the United States for at least 5 years;

 

and she didn't come across the southern border illegally.

A spouse of a U.S. citizen who lives in the United States may be eligible for naturalization based on their marriage if they meet the following criteria:
Be at least 18 years old when filing
Be a lawful permanent resident (LPR) at the time of filing
Have lived in the U.S. as an LPR for at least three years before filing
Have been in the U.S. for at least 18 months out of the three years before filing
Have been married to their U.S. citizen spouse for the three years before filing and while the application is being processed
Have lived in a state or USCIS district for at least three months that has jurisdiction over their place of residence

[SalishSea 17,774]

7 minutes ago, davemcphe said:

She has not been a legal resident for 5 years, you have to meet ALL REQUIREMENTS

 

You have been a lawful permanent resident of the United States for at least 5 years;

You have demonstrated continuous residence in the United States for at least 5 years;

 

and she didn't come across the southern border illegally.

You missed the point - it was about why she couldn't naturalize under the 3 year rule as your spouse......