Adopted Daughter sponsoring step dad for GC

S

Suparth

New Member
Hello! Our US born son will turn 21 soon. I divorced his biological father and married my current husband when he was 2 yrs. He adopted my son through legal proceedings in NY court. Changed the father’s name in his Birth Certificate following completion of adoption. We have the adoption documents with us. We have been living in the US on valid work visas all through.

My son turns 21 next year and is willing to file our GreenCards. He is a full time college student and works part time. We’ve purchased an apartment in his name (hubby being joint owner) to stay at during college and pay off the mortgage ourselves. Besides, he has about 10k saved up in investments and has been filing taxes for the past 2 years.

Also my husband has accumulated 40 work credits in SSA. However I have 37.

In this above scenario, how should we go about filing GC for my husband and myself? Can we file it ourselves or seek services of an immigration attorney?

Thanks for your time!
 
Seems like a pretty straightforward case. Your son can petition both of you when he turns 21, and you guys can do Adjustment of Status in the US since you guys entered legally. Your son can petition your husband either as a stepparent or as an adoptive parent. Both work.

As for the I-864 Affidavit of Support, your husband is exempt from the I-864 since he has 40 Social Security credits. For your Social Security credits, you can include the credits earned by your husband during the period of marriage. So if that reaches 40, you are exempt from I-864 too.
 
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If there has been a legal adoption surely it should be parent not step parent?

Agree it seems pretty straightforward.
 
SusieQQQ said:
If there has been a legal adoption surely it should be parent not step parent?

Agree it seems pretty straightforward.
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Thanks. Could you pls confirm if we should then apply as Parent or step parent? Since we plan to file it ourselves, would appreciate these specific info.
 
newacct said:
Seems like a pretty straightforward case. Your son can petition both of you when he turns 21, and you guys can do Adjustment of Status in the US since you guys entered legally. Your son can petition your husband either as a stepparent or as an adoptive parent. Both work.

As for the I-864 Affidavit of Support, your husband is exempt from the I-864 since he has 40 Social Security credits. For your Social Security credits, you can include the credits earned by your husband during the period of marriage. So if that reaches 40, you are exempt from I-864 too.
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Thanks! Which form do we use to show we are exempt from I-864? Also should he file as parent or step/adoptive parent? Planning to file it ourselves, so trying to get the texhnical details right - thanks again for yiur help!
 
In I-130 Part 1 item 2 (and probably a similar item on the online version), there are 4 options:
* Child was born to parents who were married to each other at the time of the child's birth
* Stepchild/Stepparent
* Child was born to parents who were not married to each other at the time of the child's birth
* Child was adopted (not an Orphan or Hague Convention adoptee)
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For your husband, either the second or fourth option will work, but the proof will be different. For stepparent, you just need the child's birth certificate and your marriage certificate (showing you guys married before the child turned 18). For adoptive parent, you would need to show that the child was adopted before age 16 and lived in the same residence as, and in the legal custody of, your husband for 2 years.

For AOS, the I-864 exemptions are indicated on I-485 Part 3.
 
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