How to bring my new wife & adopted kids to US?

U

UnMeShare

New Member
Background -
I have dual citizenship (India & US). I am divorcee & have 2 kids - a boy & girl. I have remarried to a girl in India recently who also has 2 kids - a girl & boy. According to the divorce decree, I have equal custody of my kids here in US. She has a primary custody of the kids in India & have rights to change her kids name. Biological father has abandoned the kids. I have adopted her kids through a "adoption deed" which was signed by a Sub-Registrar office, adopted father (myself), their mother (My wife) & their Biological father. I am trying to bring my new family here in US. When we applied to their passport in India with adopted father's name (Myself), the passport officer is saying he will issue the passport only on biological father's name. According to Indian laws this adoption may not be legally valid since it is not backed by court but a Sub-Registrar office who is also a Government Officer. Court will only give me legal guardianship.
My Questions to you all is -
Can I file the Paperwork (I-130, G-325, etc) on adopted father's name (Myself) or I should use biological father's name? Will the USCIS reject the application or cause any trouble in approving the paperwork if they see different names as father - On appication & their Indian Passport?
Can you please also advise what is the procedure to bring my wife & her kids here in US ASAP?
I will really appreciate your help & assistance in my case. Thanks.
 
You should have petitioned for your wife and step-children. That is a straight forward process. Adoption is a complicated process and lengthy delay.

You need to get the assistance of an attorney to unscramble the mess you now have.

By the way, you cannot have dual US and Indian citizenship.
 
Dear Sir/Madam,
Thanks for your reply & suggestion. Can you please explain me what do you mean by I should have petitioned for my wife & Step Childrens?
I have not filed my application yet. If adoption will make my case complicated then I will not show adoption & file I-130 & G-325 using kids bilogical father's name to match with their passport. For my wife She already got the new passport with my name on it. Please advise.
I appreciate your reply & time.
 
UnMeShare said:
Can you please explain me what do you mean by I should have petitioned for my wife & Step Childrens?
Click to expand...

You should file for her children as your stepchildren, instead of as your adopted children. Filing as stepchildren would keep things simpler and more straightforward.

Then after they are in the US, you can adopt them under US law if you want (and if you otherwise meet the legal requirements for adopting in the jurisdiction where you live).
 
See the USCIS website on family based immigration for information and forms. If you cannot understand the instructions, consult an attorney.
 
You must log in or register to reply here.
Top