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I am working overseas and married an Azerbaijani citizen. I went through the legal process, & court system here to adopt my stepdaughter. I have all the appropriate paperwork for here in Az. Strange, but they actually generate a new birth certificate, showing me as the father. They are both now permanent residents of the US.
Two questions.
1) We are residents of Texas, and I am wondering the best way to formalize the adoption in the US.
2) If the adoption can be formalized here, does that help accelerate the naturalization process for my daughter?
thank you
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Hi,
It sounds like your new wife and your new child are both green card holders and as such, they can leave AZ and enter the USA. Technically you don't need to do anything to formalize the adoption in the US, your new daughter becomes "naturalized" through adoption by an American citizen. You should be able to apply for her Certificate of Citizenship, using the supporting documents you already possess (e.g., the court decree and any other paperwork that attests to your identity, her mom's identity, your marriage to her mom). It is true that a lot of people do a state-level recognition of the adoption or a readoption, mainly to get paper work in English. But you should be able to bypass that and apply for a COC directly.
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Thank you!!
Yes they both have green cards. I had gotten conflicting information on whether an adopted child could move straight into the naturalization/citizenship process. Another source had implied both had to go through the longer residency rules to reach naturalization status.
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I have the same situation, but my concern is whether the International adoption qualifies under the rules for N-600K, [url=http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=8554a3ac86aa3210VgnVCM100000b92ca60aRCRD]USCIS - Biological or Adopted Children Residing Outside the United States[/url]
As it says on the attached instructions:
An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children under sections 101(b)(1)(E), (F) or (G) of the INA.
[url=http://law.justia.com/cfr/title08/8-1.0.1.3.72.html]PART 322—CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR APPLICATION FOR CERTIFICATE OF CITIZENSHIP :: PART 322--CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR APPLICATION FOR CERTIFICATE OF CITIZENSHIP :: CHAPTER I--DEPARTMENT O[/url]
Some interesting info here, I need to know if any changes since 2001:
[url=http://www.nilc.org/immlawpolicy/natzcitzshp/nc035.htm]INS Issues Regulations Implementing the Child Citizenship Act[/url]
And I actually just found the answer to my question:
(f) Parents employed abroad (formerly section 323(c)) . Section 322(c) was added to section 322 by the Act of December 29, 1981 25a/ , in order to permit the naturalization of an adoptive child of a U.S. citizen parent(s) working abroad . Exemption from residence within the jurisdiction of the Naturalization Court are accorded provided the criteria of clauses (A), (B) & (C) of section 319 (b)(1) are satisfied. 25b/ Eligibility for the benefits of section 322(c) should be established in the same manner required by 319(b). ( Added )
[url=http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45104/0-0-0-48354.html]Interpretation 322.2 Naturalization of adopted minor children.[/url]
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