International adult adption

[m_craw]

What is the name of your state? KY

Hello

This is our situation

I am german, my husband an american citizen.
We got married in dec 2003. The immigrationprosses is final over with. We had our interview on June the 22 / 2005.

I have a daughter from a previous marriage. she's german too.
She turned 21 on may the 17 this year. The unfortunate thing is, that our interview took place 3 weeks after the "Child protection act ".
She is currently residing in Germany. Is not married and no children.

My husband now is going to adopt her in august this year, while we are in Germany for a 10 day vacation. She want's that as well.

Here are my questions, reagarding to the adoption :

Is my daughter able to apply for the U.S. citizenship at the American Embassy because her father than is a U.S. citizen ?
She also want's to take our name over.
Can she apply for an american passport ?

Does this adoption have any influence on the imigrationprocess, wich we want to start with the USICS ?

Does she benefit through this adoption as far that the hole process would work out faster for us, such as she would be in a different category, because her real father than is an american ?

We don't want to make any mistakes, because we where waiting for so long now.

Any kind of advices or links would be very much appreciated.

Thanks

Martina

 

[nextwife]

I believe that the expedited visa process that applies to international adoptions would need the adoptee to qualify as an "orphan" under the USCIS definition. Yours would be a step-parent adoption.

This is from the Govt. website:

http://uscis.gov/graphics/services/index2.htm

Adopting Older Children - “Aging Out” of Eligibility to Immigrate Through Adoption.

If you are considering adopting an older child, you should be aware of the age limits on eligibility for adoptions and immigration, regardless of whether or not your state laws permit the adoption of older children (or even adults).

US law allows the adoption and immigration of children who are under 16 years of age, with two exceptions:

* Siblings of a child adopted by the same parents may be adopted if under 18 years of age; and
* Orphans over the age of 16 may be adopted, as long as the I-600 petition was filed on their behalf before their 16th birthday (or in the case of an orphan who is the sibling of a child adopted by the same parents, before their 18th birthday).

There are two ways to immigrate an adopted child. Please review the differences, as they are important to your successful adoption.

* Immigration/Adoption of child based on 2-years residence through submitting Form
I-130: If you adopt a child before the child turns 16 (or 18, as described above), and you live with the child for two years (cumulatively, not necessarily continuously) as the child’s primary caregiver, then you may file an I-130 petition for an alien relative. The petition may be filed after the 16th (or 18th) birthday, and the two years may culminate after the 16th (or 18th) birthday. (Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)
* Immigration/Adoption of an orphan through submitting Form I-600: If you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th (or 18th, as described above) birthday, even if the adoption takes place subsequently (and in many cases, the adoption does not occur until the child comes to the US).

 

[m_craw]

I believe that the expedited visa process that applies to international adoptions would need the adoptees to qualify as an "orphan" under the USCIS definition. Yours would be a step-parent adoption.

This is from the Govt. website:

http://uscis.gov/graphics/services/index2.htm

Adopting Older Children - “Aging Out” of Eligibility to Immigrate Through Adoption.

If you are considering adopting an older child, you should be aware of the age limits on eligibility for adoptions and immigration, regardless of whether or not your state laws permit the adoption of older children (or even adults).

US law allows the adoption and immigration of children who are under 16 years of age, with two exceptions:

* Siblings of a child adopted by the same parents may be adopted if under 18 years of age; and
* Orphans over the age of 16 may be adopted, as long as the I-600 petition was filed on their behalf before their 16th birthday (or in the case of an orphan who is the sibling of a child adopted by the same parents, before their 18th birthday).

There are two ways to immigrate an adopted child. Please review the differences, as they are important to your successful adoption.

* Immigration/Adoption of child based on 2-years residence through submitting Form
I-130: If you adopt a child before the child turns 16 (or 18, as described above), and you live with the child for two years (cumulatively, not necessarily continuously) as the child’s primary caregiver, then you may file an I-130 petition for an alien relative. The petition may be filed after the 16th (or 18th) birthday, and the two years may culminate after the 16th (or 18th) birthday. (Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)
* Immigration/Adoption of an orphan through submitting Form I-600: If you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th (or 18th, as described above) birthday, even if the adoption takes place subsequently (and in many cases, the adoption does not occur until the child comes to the US).

Thank you for that quick reply...
I have forwared this to my husband, since he understand the law much better than I do. If there are any further questions on our site I would like to follow it up.

Thanks again

Martina

 

[LdiJ]

Thank you for that quick reply...
I have forwared this to my husband, since he understand the law much better than I do. If there are any further questions on our site I would like to follow it up.

Thanks again

Martina

A consult with an immigration attorney in the US could also be helpful.