Child and Citizenship Act - Stepchildren

[JAEMM]

Child and Citizenship Act - Legitimated Stepchildren

Situation:
1) I have stepchildren whom I have legally recognized (in a foreign country where we reside).
2) I am married to their biological mother.
3) They were all recognized well before their 16th birthdays.
4) I have had both legal and physical custody now for several years.
5) I am listed as their father on their present birth certificates.
6) Their bear my family name


Issue:
The U.S. Embassy tells me they may be eligible for citizenship/passports under the Child Citizenshp Act of 2001 (CCA); something I was previously unaware of.

It appears there are two ways they can acquire citizenship.
#1 - N-600(K) Application
#2 - Upon Entry under in IR-2 immigrant visa


Problem:
#1 The N-600 & N-600K applications have two options to select: (1) Biological and (2) Adopted. I cannot select (1) as I am not their biological father, if I select (2) they require a full and final adoption decree, which I do not have.

#2 There appears no hurdles in applying for an IR-2 Immigrant Visa, however it is entirely unclear whether they will be granted citizenship upon entry for above ambiguity, or instead receive only green card status.


Footnote:

I checked with Child Welfare Services in my country. A domestic adoption through them would have required:

1) I have permanent residency
2) We have beeen married for 5 years or more (prior to application)
3) The children be orphans

My recognition of them was the legal equivalent of a stepchild adoption in the U.S., there is no other legal process here to adopt stepchildren.

 

[JAEMM]

As used in title III–
(1) The term “child” means an unmarried person under twenty-one years of age
and includes a child legitimated under the law of the child’s residence or domicile, or
under the law of the father’s residence or domicile, whether in the United States or
elsewhere...

(Emphasis mine)

This seems to state that they are eligible under CCA as my legitimated children.

What doesn't seem to be considered, however, in the N-600 application process, is that not all foreign jurisdiction require a biological relationship to legitimize a child. It seems presumed that a legitimated child == biological child. That is fine with me, up and to the point they require a DNA test.

and, except as otherwise provided in sections 320 and 321 of title III, a
child adopted in the United States, if such legitimation or adoption takes place before
the child reaches the age of 16 years (except to the extent that the child is described
in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1), and the child is in the legal
custody of the legitimating or adopting parent or parents at the time of such
legitimation or adoption.

(Emphasis mine)

It is very interesting to me this reads "legitimation or adoption", inferring that "legitimation" can indeed be considered an adoption?

However the requirement "in the United States" seems at odds with what I had previously understood, that a foreign adoption would be recognized.

I have asked 4 lawyers about applying for re-adoption in the United States, based on the foreign legitimation. One seemed to think it not possible, and the other three have yet to respond. Meanwhile the clock is ticking towards my eldest son's 18th birthday. Tick tock, tick tock...

 

[JAEMM]

(1) The term “child” means an unmarried person under twenty-one years of age
and includes a child legitimated under the law of the child’s residence or domicile

My children are legitimated under the law of their residence, by me (natural born U.S. citizen resident 25 years in the U.S.). I am not their biological parent.

Do they qualify for automatic citizenship?

Are they eligible for re-adoption or stepchild adoption in the U.S. to clear up the ambiguity?

I've posed this question to the USCIS, two forums and five lawyers, and have yet to get a single comment/reply.