EriLupGus

I am reading some contradiction: Chapter 2 - Eligibility | USCIS At first it aligns with what you said. A petitioner who is a stepparent who adopted the petitioner’s stepchild also has to meet the 2-year legal custody and 2-year joint residence requirements and obtain a final adoption before the child’s 16th birthday (or 18th birthday if the sibling exception applies) before the petitioner can be considered an adoptive parent under immigration law.[23] But there is a footnote number #23: [^ 23] See INA 101(b)(1)(E). Note that 2 years of legal custody and joint residence is not required to establish a qualifying step-relationship under INA 101(b)(1)(B). For information on (non-adoptions based) family-based petitions, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B]. Drilling in further: eCFR :: 8 CFR 204.2 -- Petitions for relatives, widows and widowers, and abused spouses and children. There is a section for "Petition for a child or son or daughter —" (vii) Primary evidence for an adopted child or son or daughter. This also aligns to what you described. But check this out: 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. The 2 areas of text above in GREEN, Are they implying that the 2 years of legal custody don't matter if the petitioner is the Step-father? What am I missing?

I see. So being his stepfather for the last 1.5 years does not count toward legal custody at all? Legal custody only begins at the point of adoption?

Does him being my stepchild the last year and a half count toward legal custody? Can you clarify why 2 years of legal custody is required for adoption? Where are you seeing that requirement? And to who does it need to be proven? US Adoption court? or?

His biological father died before he was born. What does 2+years legal and physical custody mean? Him and his mom have lived with me 5 years. 1.5 years married in the USA. Is that what you are referring to?

Yes, his mom is my wife. I understand that if my wife decides to naturalize, he can gain citizenship through her. She is undecided about doing that for the moment. However, we for sure want him to get citizenship. I am understanding that if I adopt him, the citizenship process may be easier and sooner. I read something that I was understanding to mean that once the adoption is complete, since he is under 16 citizenship is automatic as long as I am a citizen, we live in the US etc. Not sure if that is accurate and even if it is accurate, not sure what forms to file etc. Any info on that?

Hi, I'm not sure what you mean?

My Stepson is 13. We are in California. He came here on a K2 and got his AOS almost a year ago. I would like to get him his citizenship. It's not clear to me what I need to do to make that happen. My assumption is I need to adopt him first. Since he is not USA born, is the adoption process different? Once the adoption is finalized, what are the steps to citizenship? Or is it automatic once it's final?

Nope, just the interview for her in Mexico city to approve the fiance visa. A second bio metric appt a month after filing i485 in March, green cards in the mail by August 3. Amazing. Only 5 months!

Thank you Crazy Cat. Sooooo wow. Really? That's it? No real chance of getting the approval letter and it telling us we need an interview and 20 more things? How long from "Case Approved" does it usually take to get a notice saying the card is being printed? or does it just arrive with the approval letter? They didn't take any action on the Advanced Parole applications. I assume because they approved the i-485 we won't need advanced parole? She does have a social security card already. Sounds like there is a better version of it once you are i-485 approved? Sorry, a lot in my mind. I did 100% of the paperwork on my own beginning to end. I'll check out the i-751. That's a form I haven't looked into yet. Thanks

Brought my fiancé and her son over on 129F in December 2022, got married and filed all the i485 paperwork which was received in February 23. Here we are 5 months later and today received a notice online and the portal states "Case Approved". "We approved your form I-485,... and sent you an approval notice....please follow the instructions on your notice... if you do not receive your notice by Augst 19th... etc etc" How excited should we be about this? What usually happens from here? I have been searching this forum and most of the discussion seems to end at people getting approved. Some obvious questions: - What instructions are likely included in the approval letter? -Since the case was "Approved" does that mean another interview is no longer needed? -Will the green card just print and arrive automatically? -What kind of timeline are we looking at? Since it has only been 6 months and they publish 20 months I feel like maybe we are not really in the end game. I want to be excited, but not sure if it's too early for that. Thanks - Feb 2021, Filed 129F - Nov 2022, Interview in Mexico city (included biometrics and medical) APPROVED! - Dec 2022, Crossed into USA, got married Dec 20th. - Jan 2023, Competed all related i-485 forms, request to work, advanced parole, completed vaccinations/another medical - Jan 2023, Got S/S card and Marriage certificates - Feb 2023, Officially received my packet - March 2023, Approved to work, received card - April 2030, biometrics - July 2023, activity on cases - indicated cases actively under review but back dated to March of 2023 - July 2023, activity on cases - i-485 Cases approved. ????

Today my Wife and Stepson received a new status in the Portal of "Case Approved", an approval notice was sent and to follow instructions in that notice. This was for i-485 which was mailed and received in February 2023 (only 5 months). A few days ago, we were notified there was activity on our cases and when I looked it merely show the case was being actively looked at but with a date of March. I didn't think much of it as there was not action to take, but then here we are a couple days later with an approval. Wondering what instructions the Approval Notification letter is likely to contain? Also not clear where we truly are in the process. I want to be excited that we have a "case approved" but isn't there still another in-person interview? Then more waiting, then eventually a green card in total time around 20 months? I mean, they wouldn't be getting this done in 6 months..right?