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Hi, I'm wondering if anyone else out there is in a similar situation and/or if anyone has any info on this. I am a US citizen living OUTSIDE the US (in the Czech Republic). My husband is not a US citizen. We have adopted two children domestically (i.e. in the Czech Republic). Apparently this is about the only way that an American citizen can have a child and the child isn't automatically eligible for citizenship. The children have to live with me for two years supposedly in order to prove that it is a real adoption before we can apply and then it is the same as any person applying for citizenship for their family member and they charge fees that amount to cruel and unusual punishment. I like to go home every year or so to visit my folks and the Embassy is charging me huge visa fees for my children to accompany me because they are not citizens yet and I can't apply yet. The Embassy people here are very confused and keep telling me different things because they have never run into this situation before apparently. Has anyone ever seen this before? What can I do to keep from shelling out more thousands of dollars than I absolutely have to? We live on a Czech income, so the finances are really an issue.Any other advice or experiences along these lines are very welcome as well.
There is an expedited citizenship process for children adopted by U.S. citizens living abroad, as long as those U.S. citizens spent a certain number of years living in the U.S.
You would do well to spend a few dollars on a reputable U.S. immigration attorney with adoption experience. Depending on the circumstances of your adoption and your prior residence in the U.S., you may be able to obtain citizenship for your child when you travel to the U.S. next time.
Sharon
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Does that mean whether I lived in the US recently or ever? I spent the first 22 or so years of my life living there. But now I'm 35.
Well I can at the very least tell you that you are not alone.
I am trying to figure out the best course of action to get my step daughter US citizenship. Based on research so far it seems the proper route is adoption, and then file an I-130 or N-600k.
Facts:
• Step daughter, age 5, born Viet Nam, has lived with me for more than two years in Macau S.A.R. and there is no name listed for father on her birth certificate.
• Mother (Viet Nam) and I have been married for over two years.
• We have two other daughters age 2 and 1, who are already dual US citizens with US and Viet Nam passports.
• I am a US Citizen from birth.
• Family lives in Macau S.A.R. (derives Hague Convention status from China)
• We have no intention of immigrating to the US at this time or near future.
My questions:
1) Does a legal adoption of the step daughter in Macau fulfil the purposes of meeting adoption eligibility for US citizenship or must the adoption occur in the US? Section 322 101 states "adoption in the United States"
Do not believe we can use I-130 form since we are not moving back to the US.
However, the N-600K form should be usable by you if you already have a complete adoption and the adoption is not required to be in the US.
[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]
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]
MacauBased
Does a legal adoption of the step daughter in Macau fulfil the purposes of meeting adoption eligibility for US citizenship or must the adoption occur in the US?
I have been clearly told by the Embassy here that the adoption does not have to occur in the US. Our adoption here is a "domestic" adoption in the Czech Republic. It has nothing to do with the US and the US authorities are not even informed officially, even though I'm a citizen. I simply have a court document saying the adoption is final. The Embassy says this is fine but I have to wait two years from the time I can somehow prove the child lived with me. In our case the "proof" is either a document from the Czech authorities releasing the child into our custody for "pre-adoptive" care about a year and a half before the final court adoption papers were done or in the worst case those final court papers, which would mean the child was actually living with us for 3 and a half years but the US may only acknowledge the last two that are "court documented" rather than simply documented by local officials.
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I would think photos with date stamps coupled with school/medical records showing address and parents provide proof.
Photos and perhaps another resident's witness declaration is all that is needed to prove presence for the purposes of legitimating a baby born out of wedlock to a US Citizen.
My friend here had the problem with getting his biological child born out of wedlock recognized, but a few pics and my endorsement cleared it up without even requiring a DNA test.