Status of kid adopted by a US citizen living outside US

eminem_bhaiyaa

New Member
If I adopt a kid outside US (I am a US citizen) and am also living outside US - is the kid be automatically considered for US citizenship or does she have to go through green card process first? Can someone point to any source of info on USCIS website or this forum. I searched but could not find any relevant regulation
 

bertgolz

Registered Users (C)
your adopted child won't be considered your child for any immigration purpose until she/he has resided with you and in your legal custody for two years (which would be in many cases two years after the adoption took place).
After that, if the child is still under 18 y.o., you would need to travel (on any visa. The only requirement would be for the child be legally addmitted.) with the child to the US to process N-600K

Alternatevely, you can apply for an immigration visa for your child (still, 2-year rule must be observed) and once granted, move to the US. The child (provided is still under 18) would become a citizen at the time of admission
 

eminem_bhaiyaa

New Member
Thanks bertgolz for your response.

>>your adopted child won't be considered your child for any immigration purpose until she/he has resided with you and in your legal custody for two years (which would be in many cases two years after the adoption took place).

What does legal custody / resided with you mean? Does she have to reside at the same address as mine? In this case, she is staying with my relatives because she is in a good school. I am just paying for the costs so far.
 

bertgolz

Registered Users (C)
Legal custody: any court order granting you the custody over the child. Document other than court order won't work. Unless in the country of adoption legal custody issue is regulated by authority other than court. Therefore, in almost all of the cases, the legal custody starts when the adoption is finalized (the adoption decree is the court legal custody order)

Resided with you: the child should live in your houshold and you should take care of the child's everyday needs
 

tanga

Registered Users (C)
your adopted child won't be considered your child for any immigration purpose until she/he has resided with you and in your legal custody for two years (which would be in many cases two years after the adoption took place).
After that, if the child is still under 18 y.o., you would need to travel (on any visa. The only requirement would be for the child be legally addmitted.) with the child to the US to process N-600K

Alternatevely, you can apply for an immigration visa for your child (still, 2-year rule must be observed) and once granted, move to the US. The child (provided is still under 18) would become a citizen at the time of admission

Yuo talked about this adoption that required form 1-130. There are 3 type of adoption: Hague convention adoption that you have to use form 800, Orphan Adoption that you use form 600 and alien relative 1-130 that you have to live with the child for 2 years. If you are US citizen you do not need to wait for 2 years for immigration purpose; you can start file anytime that you have find a baby or even if you did not find the baby, but you intend to find the baby.
 
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tanga

Registered Users (C)
If I adopt a kid outside US (I am a US citizen) and am also living outside US - is the kid be automatically considered for US citizenship or does she have to go through green card process first? Can someone point to any source of info on USCIS website or this forum. I searched but could not find any relevant regulation

Yes, your child will be automatically a US citizen, and you need to start immigration process; however, it won't be a for GC. In order for your adoption child to qualify for immigration purpose you need to submit all the legal adoption paper. First you need to know, which type of adoption? Hague convention 1-800, Orphan 1-600, or Alien relative 1-130, but, 1-130 form you need to live and legal adopt the baby abroad for two years. If your case is approved by immigration and your adoption kid recieved a visa, it is important for your adoption child to touch US soil in order for him/her to become automatically US citizens. In logic, if you are US citizen that's mean your child under 18 will be automatically a citizen. So make sure you choose which type of adoption before you submit your application to USCIS.
 
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bashar82

Registered Users (C)
A US Foreign Service couple told me about their adopted son's expedited naturalization ceremony since they were about to be posted overseas. The child was adopted in Indonesia by the couple during a posting there, then returned to the States for a post at the State Department and the child was naturalized before leaving for another post in Africa. So I don't think the citizenship of an adopted child is instant.
 

baikal3

Registered Users (C)
If I adopt a kid outside US (I am a US citizen) and am also living outside US - is the kid be automatically considered for US citizenship or does she have to go through green card process first? Can someone point to any source of info on USCIS website or this forum. I searched but could not find any relevant regulation

The adopted child does not get the U.S. citizenship automatically in this situation, but there are two distinct ways of making the child a U.S. citizen:

1) You can use the provision of the Child Citizenship Act
http://www.uscis.gov/portal/site/us...toid=1fb596981298d010VgnVCM10000048f3d6a1RCRD

Under this law the child automatically becomes a U.S. citizen the moment all of the following conditions are satistfied:

i) The child gets a green card
ii) The child lives in the U.S. in physical and legal custody of the U.S. citizen parent/adoptive parent
iii)The child is under 18 years old.
iv) As I understand it, in case of adopted children it is also necessary for the adoption to become final before the child turns 16 and the adopted child needs to reside in the custody of the U.S. citizen adopted parent for at least two years after the adoption is finalized.

To use this option you would have to file USCIS form I-130, sponsiring the adopted child's green card and request consular processing of the immigrant visa once I-130 is approved.

2) One may also be able to use section 322 of INA
http://www.aca.ch/sec322.htm

Section 322 of INA provides for a special naturalization procedure for children of U.S. citizens residing abroad.

The following are basic conditions that would need to be satisfied:
i) The U.S. citizen parent or adopted parent has to reside abroad together with the adopted child and has legal and physical custody of the (adopted) child
ii) The U.S. citizen parent/adopted parent must have lived at least 5 years in the U.S. (in any status, including as a green card holder), with at least two of those years after the age 14.
iii) The child must be at most 18 years old.

If these conditions are met, the parent may file USCIS form N-600K, which is an application for naturalization of the (adopted) child under section 322 of INA.
 
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