Really confused - I-751 for my adopted son?

quiethorn

New Member
Need some help here. I'm a U.S. citizen. I moved back to the States in 2009 and brought my Japanese wife and her son from her first marriage with me on CR-1 and CR-2 visas, respectively. I legally adopted my son in Japan when my wife and I got married; he's in Japanese records as my adopted son and took my last name (we still have the records and translations). However, when we did our I-130s, they said that since he hadn't lived with me for at least 2 years, he couldn't be considered my son for immigration purposes, so he'd have to come on a CR-2 as my wife's child instead of an IR-something as my adopted child.

They also said that after he'd been in my physical and legal custody for 2 years, he'd automatically attain U.S. citizenship and we wouldn't have to do anything further for him, i.e., we wouldn't have to submit I-751 by the 2-year anniversary of him arriving in the States. However, not doing anything would leave him with no record of U.S. citizenship since he doesn't have an American birth certificate, American passport, etc., so we were considering getting a Certificate of Citizenship (N-600) for him since it's been over 2 years that he's been with me and we should be able to get one. We went to our local USCIS office (Honolulu) to ask if that sounded like the right idea and if so, how we should fill out the part of I-751 that asks about dependents who immigrated with my wife. The USCIS officer there told us we have to list him on I-751 with my wife and to just attach a note explaining the situation and that we weren't planning to pay the $85 biometric fee for him because we'd be filing for an N-600 later on (but soon).

We did what she recommended, but we got a letter back today from USCIS in California stating that they can't do anything until we pay the extra $85 for our son... despite doing exactly what the local USCIS officer told us (of course none of that is in writing).

So we're kind of not sure what do do now. Here's what we're thinking:

1) If we go ahead and file for the N-600--and assuming we get it soon enough--, we were thinking we could send that back to USCIS and say my son is now a citizen so he doesn't need to do the biometric check, please give my wife her new green card, etc. But I'm kind of afraid that they'd then say, "You'll have to resubmit I-751 for your wife only without your child listed and repay the $505 fee plus $85 biometric fee," and, since they've already cashed my first check, that'd really screw us over by an extra $590.

2) We've also thought about resending them a letter again stating that we're preparing N-600 for my son because he's already become a citizen under Sec. 320 of INA, so he shouldn't need the biometric check (all of which I put in the original letter), etc., and try to get them to say in writing that if we submit a copy of his N-600, they won't re-require the whole $505 + $85 for my wife to refile or any sneakiness.

3) We could just pay the extra $85 for my son and get his green card extended for a few years and worry about the N-600 at a later date. This would be the cheapest and safest option, I think (especially since I think they're just trying to screw us out of more money), since we have it in writing that we just need to submit $85 for him and all will be good, but if my son's already become a citizen, I'd kind of like him to not have to have a green card anymore, you know?

So that's the dilemma. We have 87 days to reply for my wife's I-751. Any help? It's been hard to figure out what to do because our situation is kind of unique. I spent hours reading the relevant laws and stuff, and I thought I had it all figured out, so either I missed something, they're incompetent, or they're just trying to dick us out of more money (maybe all three!).

As a side note, does USCIS purposely try to screw people of money?

Thanks.

Jeff
 
See a lawyer who is familiar with international adoption. It can be very complicated. Due the the complexities and bureaucracies involved with international adoption and the fact that you didn't live with him for 2 years before he moved to the US, you may or may not have to readopt him in the US for him to become a citizen. You probably should just file I-751 and pay the fees so you're assured of keeping him in legal status while you sort this out.
 
Yeah, that's what I was thinking. I just don't know why we were told by more than one USCIS officer at different times that we wouldn't have to do anything for him and he'd "automatically attain citizenship" if it turns out not to be true.
 
The USCIS people are very unreliable and inconsistent if you ask them anything about "how, when, if" etc. If you actually file a case they'll have weeks or months to open up the manual and follow the procedure, but asking them something on the spot is a recipe for disaster.

There have been many horror stories with adoptive parents who suddenly found out they need to readopt in the US. Get a lawyer to sort this out.
 
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Need some help here. I'm a U.S. citizen. I moved back to the States in 2009 and brought my Japanese wife and her son from her first marriage with me on CR-1 and CR-2 visas, respectively. I legally adopted my son in Japan when my wife and I got married; he's in Japanese records as my adopted son and took my last name (we still have the records and translations). However, when we did our I-130s, they said that since he hadn't lived with me for at least 2 years, he couldn't be considered my son for immigration purposes, so he'd have to come on a CR-2 as my wife's child instead of an IR-something as my adopted child.

They also said that after he'd been in my physical and legal custody for 2 years, he'd automatically attain U.S. citizenship and we wouldn't have to do anything further for him, i.e., we wouldn't have to submit I-751 by the 2-year anniversary of him arriving in the States. However, not doing anything would leave him with no record of U.S. citizenship since he doesn't have an American birth certificate, American passport, etc., so we were considering getting a Certificate of Citizenship (N-600) for him since it's been over 2 years that he's been with me and we should be able to get one. We went to our local USCIS office (Honolulu) to ask if that sounded like the right idea and if so, how we should fill out the part of I-751 that asks about dependents who immigrated with my wife. The USCIS officer there told us we have to list him on I-751 with my wife and to just attach a note explaining the situation and that we weren't planning to pay the $85 biometric fee for him because we'd be filing for an N-600 later on (but soon).

We did what she recommended, but we got a letter back today from USCIS in California stating that they can't do anything until we pay the extra $85 for our son... despite doing exactly what the local USCIS officer told us (of course none of that is in writing).

So we're kind of not sure what do do now. Here's what we're thinking:

1) If we go ahead and file for the N-600--and assuming we get it soon enough--, we were thinking we could send that back to USCIS and say my son is now a citizen so he doesn't need to do the biometric check, please give my wife her new green card, etc. But I'm kind of afraid that they'd then say, "You'll have to resubmit I-751 for your wife only without your child listed and repay the $505 fee plus $85 biometric fee," and, since they've already cashed my first check, that'd really screw us over by an extra $590.

2) We've also thought about resending them a letter again stating that we're preparing N-600 for my son because he's already become a citizen under Sec. 320 of INA, so he shouldn't need the biometric check (all of which I put in the original letter), etc., and try to get them to say in writing that if we submit a copy of his N-600, they won't re-require the whole $505 + $85 for my wife to refile or any sneakiness.

3) We could just pay the extra $85 for my son and get his green card extended for a few years and worry about the N-600 at a later date. This would be the cheapest and safest option, I think (especially since I think they're just trying to screw us out of more money), since we have it in writing that we just need to submit $85 for him and all will be good, but if my son's already become a citizen, I'd kind of like him to not have to have a green card anymore, you know?

So that's the dilemma. We have 87 days to reply for my wife's I-751. Any help? It's been hard to figure out what to do because our situation is kind of unique. I spent hours reading the relevant laws and stuff, and I thought I had it all figured out, so either I missed something, they're incompetent, or they're just trying to dick us out of more money (maybe all three!).

As a side note, does USCIS purposely try to screw people of money?

Thanks.

Jeff

Here is an explanation you can have to submit with your child's N-600. You don't need a lawyer or need to lift his conditions IF he has satisfied the two-years of legal custody and residence together in a parent-child relationship with you.
 
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Here is an explanation you can have to submit with your child's N-600. You don't need a lawyer or need to lift his conditions IF he has satisfied the two-years of legal custody and residence together in a parent-child relationship with you.

Removal of conditions (I-751) is the easy part. Establishing sufficient qualifying evidence of a parent-child relationship to confer derivative citizenship is the hard part, due to the adoption. So is figuring out the nuances of adoption to ensure it won't be necessary to readopt in the US.

As your article mentioned, the complexities of this makes it problematic to directly apply for the US passport, so the N-600 will probably be necessary. It's not realistic to expect N-600 approval before the I-751 deadline, so it's strongly advisable to file the I-751 and then take the necessary time to deal with the citizenship aspect later.
 
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I am going to agree with Jackolantern on this, pay the $85. IF you want to preserve your right to request a refund at a later date state that you believe that it is a USCIS error but are complying merely to complete your wife's I-751. Get your protest into the record to preserve the issue for later review. Also, I took a quick look at Japanese adoption laws and there is some concern as to the precise variety of adoption law that was applied to the specific case. Adoptions in Japan can either allow a continued legal relationship with the biological parent OR the biological parent can sever legal ties voluntarily. You have not gone into great detail here but you seem to have looked into the matter back in Japan and have referred to the two-year requirement which is associated with INA 101(b)(1)(E). Hopefully, the adoption is considered sufficient under the INA. Depending on his current age, there could be plenty of time or very little time to correct any legal deficiencies, if there are any. Don't put it off.

The District Director in Honolulu is David Gulick and he is a fair minded person who strives to provide good customer service. IF you are successful with the N-600 and find that the I-751 was not needed THEN you can ask for a refund. It is not much but it's the principle of the thing. If the wheel doesn't squeak it will get no oil. Don't let the California Service Center squeak by IF they are wrong, they can use the help identifying problems so they can fix them.
 
Thanks for the replies everyone, but we got something else today from UCSIC that complicates things further. We got the official letter ("I-751 Receipt Notice") today for my wife (no mention of son) stating that her conditional resident status has been extended for one year and that we will be be getting the Application Support Center appointment soon to do the biometrics... so what the hell? Yesterday they said we needed to pay $85 for my son before they'd send the ASC appointment notice for my wife, but now they're saying everything looks good and we'll be getting the ASC notice anyway. I wonder what surprises from USCIS await us on Monday!

In any case, my wife's green card has been extended for one year, so that's helpful.

Any ideas what's going on?

BTW, my son is currently 9 years old, so just extending his green card and worrying about citizenship later is definitely not a problem. We've got plenty of time for him.
 
quiethorn said:
Yesterday they said we needed to pay $85 for my son before they'd send the ASC appointment notice for my wife, but now they're saying everything looks good and we'll be getting the ASC notice anyway.
But the upcoming biometric notice might be for your wife alone.
 
Thanks for the replies everyone, but we got something else today from UCSIC that complicates things further. We got the official letter ("I-751 Receipt Notice") today for my wife (no mention of son) stating that her conditional resident status has been extended for one year and that we will be be getting the Application Support Center appointment soon to do the biometrics... so what the hell? Yesterday they said we needed to pay $85 for my son before they'd send the ASC appointment notice for my wife, but now they're saying everything looks good and we'll be getting the ASC notice anyway. I wonder what surprises from USCIS await us on Monday!

In any case, my wife's green card has been extended for one year, so that's helpful.

Any ideas what's going on?

BTW, my son is currently 9 years old, so just extending his green card and worrying about citizenship later is definitely not a problem. We've got plenty of time for him.

He's only 9!! Asking for a fee was GROSS ERROR in the first place. He is under the age when it's even required!

IF you sent something saying that you were not going to pay because of reason "B" which is not a somebody's checklist, they completely overlooked the fact that the fee was not required because of reason "A".
 
He's only 9!! Asking for a fee was GROSS ERROR in the first place. He is under the age when it's even required!

The I-751 instructions say the $85 fee is required for all conditional resident dependent children listed on the I-751 regardless of age.
 
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