Jump to content
Sign in to follow this  
jeffscharpf

My wife and her son have green cards, what rights does he have?

19 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Romania
Timeline

Here's my situation. My wife came here in 2002 from Romania with her son (3 yo at the time) using K1.

We were married and after long delays she and her son both got their permanent resident cards (not conditional) in Jan of 06 so they don't expire until 2016.

Her son is now 10. I understand that when he turns 14 he has to get it renewed.

My questions are:

1) Since he is not legally my son, what happens to him if something happens to my wife? His father is in Romania. I have not adopted him (yet).

2) If my wife becomes a US citizen, does he have any more rights?

3) If I get approval from father to adopt, how is this considered (he's not an orphan of course)? I mean, the US governement website talks only of US couples adopting orphans from different countries.

I'm just concerned as he has no interest in his home country at this time and has grown up here. He would be heartbroken (as would I) if for some reason I had to send him back. He doesn't know his family there at all.

His father emails us occasionally but has no interest in him (he has a new wife and children). He does not send anything, nor do we want anything, I support him fully. There is no problem between my wife and him, so we don't forsee any issues.

Any advice? Should I contact a lawyer? (I want to adopt him but we haven't started that yet.)

Regards,

Jeff

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

1) Step child does not loose green-card if something happens to parent. Adopting child is a shortcut to citizenship.

2) Yes, child will automatically become a citizen too.

3) An adoption. (Again you can then claim citizenship for the child)

Since they are already here in the USA, I will move this to "Effects of Major Family Changes on Immigration Benefits"

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

1) from an immigration standpoint there will be no change.... other family law issues may arise as to for example custody rights but that is not a concern of the USCIS

2) if he becomes a USC then he gets all rights associated with citizenship, however, that will not supercede any potential parental rights if the child is still a minor

3) a domestic adoption versus a foreign adoption... in the end still an adoption....


YMMV

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
Here's my situation. My wife came here in 2002 from Romania with her son (3 yo at the time) using K1.

We were married and after long delays she and her son both got their permanent resident cards (not conditional) in Jan of 06 so they don't expire until 2016.

Her son is now 10. I understand that when he turns 14 he has to get it renewed.

My questions are:

1) Since he is not legally my son, what happens to him if something happens to my wife? His father is in Romania. I have not adopted him (yet).

2) If my wife becomes a US citizen, does he have any more rights?

3) If I get approval from father to adopt, how is this considered (he's not an orphan of course)? I mean, the US governement website talks only of US couples adopting orphans from different countries.

I'm just concerned as he has no interest in his home country at this time and has grown up here. He would be heartbroken (as would I) if for some reason I had to send him back. He doesn't know his family there at all.

His father emails us occasionally but has no interest in him (he has a new wife and children). He does not send anything, nor do we want anything, I support him fully. There is no problem between my wife and him, so we don't forsee any issues.

Any advice? Should I contact a lawyer? (I want to adopt him but we haven't started that yet.)

Regards,

Jeff

You have your answers but you've thrown a new one at me. Why would the child need to renew an unexpired green card upon reaching age 14? Is this correct? If so, I'm happy to have learned something.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Timeline

Correct, with a caveat. Children are supposed to replace their green card when they turn 14 years of age, unless their current green card is due to expire before their 16th birthday. Yes, rejoice. You have just learned something new!!!!!!!!!!!!!!

Here's my situation. My wife came here in 2002 from Romania with her son (3 yo at the time) using K1.

We were married and after long delays she and her son both got their permanent resident cards (not conditional) in Jan of 06 so they don't expire until 2016.

Her son is now 10. I understand that when he turns 14 he has to get it renewed.

My questions are:

1) Since he is not legally my son, what happens to him if something happens to my wife? His father is in Romania. I have not adopted him (yet).

2) If my wife becomes a US citizen, does he have any more rights?

3) If I get approval from father to adopt, how is this considered (he's not an orphan of course)? I mean, the US governement website talks only of US couples adopting orphans from different countries.

I'm just concerned as he has no interest in his home country at this time and has grown up here. He would be heartbroken (as would I) if for some reason I had to send him back. He doesn't know his family there at all.

His father emails us occasionally but has no interest in him (he has a new wife and children). He does not send anything, nor do we want anything, I support him fully. There is no problem between my wife and him, so we don't forsee any issues.

Any advice? Should I contact a lawyer? (I want to adopt him but we haven't started that yet.)

Regards,

Jeff

You have your answers but you've thrown a new one at me. Why would the child need to renew an unexpired green card upon reaching age 14? Is this correct? If so, I'm happy to have learned something.

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Nepal
Timeline

To the OP: thank you for asking your questions... I have worried about this too as we are in a similar situation. My marriage is solid and my husband is in good health, but it doesn't hurt to be informed!

To DM: Wow, I didn't know that either. We just filed for removing conditions last month and our son is turning 13 in February. So it is likely that his 10 year greencard will be issued next fall, just a few months before he turns 14!

:wacko:

Will we have to turn around and do this again next year???

Thanks...

Maya


Many thanks to the Visajourney community for all the help!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


Link to post
Share on other sites
Filed: Timeline
Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks

Sure,

Application to Replace Permanent Resident Card

Purpose of Form :

Use this form to replace a "Green Card."

Number of Pages :

Instructions: 4; Form: 2.

Edition Date :

07/30/07. Previous editions accepted.

Where to File :

See Special Instructions

Filing Fee :

$290. Biometrics fee of $80 may be included. Please see Special Instructions for details.

Special Instructions :

Filing Fee(s) and Where to File:

If you are filing because:

• Your card was valid for 10 years and is expiring or has expired

• Your card was lost, stolen or destroyed;

• Your card is mutilated;

• Your name or other biographic information has changed since the card was issued;

• You have taken up Commuter status;

• You were a Commuter and am now taking up residence in the U.S.;

• Your status has been automatically converted to permanent resident;

• You have an old edition of the card;

Then your payment is the base application fee is $290 plus the biometrics fee of $80. Total filing fee = $370.

If you have reached your 14th birthday since the date your card was issued, your payment is the biometrics fee of $80 is required. The base application fee is not required if you file the Form I-90 within 30 days after your 14th birthday. Total filing fee = $80.

from USCIS


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks

Sure,

Application to Replace Permanent Resident Card

Purpose of Form :

Use this form to replace a "Green Card."

Number of Pages :

Instructions: 4; Form: 2.

Edition Date :

07/30/07. Previous editions accepted.

Where to File :

See Special Instructions

Filing Fee :

$290. Biometrics fee of $80 may be included. Please see Special Instructions for details.

Special Instructions :

Filing Fee(s) and Where to File:

If you are filing because:

• Your card was valid for 10 years and is expiring or has expired

• Your card was lost, stolen or destroyed;

• Your card is mutilated;

• Your name or other biographic information has changed since the card was issued;

• You have taken up Commuter status;

• You were a Commuter and am now taking up residence in the U.S.;

• Your status has been automatically converted to permanent resident;

• You have an old edition of the card;

Then your payment is the base application fee is $290 plus the biometrics fee of $80. Total filing fee = $370.

If you have reached your 14th birthday since the date your card was issued, your payment is the biometrics fee of $80 is required. The base application fee is not required if you file the Form I-90 within 30 days after your 14th birthday. Total filing fee = $80.

from USCIS

This only applies if you are filing the I-90 for any one of the "bulleted" reasons... If you are not, then there is no "mandate" for a 14 year old to replace the card simply for attaining that age... Right?


YMMV

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks

Sure,

Application to Replace Permanent Resident Card

Purpose of Form :

Use this form to replace a "Green Card."

Number of Pages :

Instructions: 4; Form: 2.

Edition Date :

07/30/07. Previous editions accepted.

Where to File :

See Special Instructions

Filing Fee :

$290. Biometrics fee of $80 may be included. Please see Special Instructions for details.

Special Instructions :

Filing Fee(s) and Where to File:

If you are filing because:

• Your card was valid for 10 years and is expiring or has expired

• Your card was lost, stolen or destroyed;

• Your card is mutilated;

• Your name or other biographic information has changed since the card was issued;

• You have taken up Commuter status;

• You were a Commuter and am now taking up residence in the U.S.;

• Your status has been automatically converted to permanent resident;

• You have an old edition of the card;

Then your payment is the base application fee is $290 plus the biometrics fee of $80. Total filing fee = $370.

If you have reached your 14th birthday since the date your card was issued, your payment is the biometrics fee of $80 is required. The base application fee is not required if you file the Form I-90 within 30 days after your 14th birthday. Total filing fee = $80.

from USCIS

This only applies if you are filing the I-90 for any one of the "bulleted" reasons... If you are not, then there is no "mandate" for a 14 year old to replace the card simply for attaining that age... Right?

Yes, I'm not seeing anything referring to a need to replace a card because of attaining age 14. Maybe this is just the wrong or incomplete reference.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
Probably because they read the first page of the instructions for the form I-90.

I see. Then I guess this would have been mentioned at the interview or in the letter that comes with the card, since otherwise there would be no reason to read the I-90 instructions. Good to know.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Other Timeline
Probably because they read the first page of the instructions for the form I-90.

I see. Then I guess this would have been mentioned at the interview or in the letter that comes with the card, since otherwise there would be no reason to read the I-90 instructions. Good to know.

Everytime we have been interviewed for anything, the officer reminded us of the next step in the process.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Romania
Timeline
Probably because they read the first page of the instructions for the form I-90.

I see. Then I guess this would have been mentioned at the interview or in the letter that comes with the card, since otherwise there would be no reason to read the I-90 instructions. Good to know.

Everytime we have been interviewed for anything, the officer reminded us of the next step in the process.

Wow thanks for all the responses!

Here is where I got the info about replacing your card when you turn 14. It's under "when do I need to replace my green card?"

"Also, if you became a permanent resident before you turned 14

years old, you are required to replace your card when you become

14 years old."

http://www.uscis.gov/files/article/B2eng.pdf

Am I understanding this correctly?

Jeff

Edited by jeffscharpf

Share this post


Link to post
Share on other sites
Filed: Timeline

No this is complete information from the I-90 instructions. The file is a PDF and therefore cut and pasting the whole section is not possible, but below is the reference to when an I-90 needs to be filed for a child of 14 yrs.

If you are a permanent resident or conditional resident, file

this application:

2. Within 30 days after reaching your 14th birthday, to

replace a card issued before your 14th birthday; or

....

Bear in mind that aliens that are under age 14 may have a parent sign on their behalf. The requirement to replace the card is related to the fact that the parental signature is no longer appropriate for the long term.

Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks

Sure,

Application to Replace Permanent Resident Card

Purpose of Form :

Use this form to replace a "Green Card."

Number of Pages :

Instructions: 4; Form: 2.

Edition Date :

07/30/07. Previous editions accepted.

Where to File :

See Special Instructions

Filing Fee :

$290. Biometrics fee of $80 may be included. Please see Special Instructions for details.

Special Instructions :

Filing Fee(s) and Where to File:

If you are filing because:

• Your card was valid for 10 years and is expiring or has expired

• Your card was lost, stolen or destroyed;

• Your card is mutilated;

• Your name or other biographic information has changed since the card was issued;

• You have taken up Commuter status;

• You were a Commuter and am now taking up residence in the U.S.;

• Your status has been automatically converted to permanent resident;

• You have an old edition of the card;

Then your payment is the base application fee is $290 plus the biometrics fee of $80. Total filing fee = $370.

If you have reached your 14th birthday since the date your card was issued, your payment is the biometrics fee of $80 is required. The base application fee is not required if you file the Form I-90 within 30 days after your 14th birthday. Total filing fee = $80.

from USCIS

This only applies if you are filing the I-90 for any one of the "bulleted" reasons... If you are not, then there is no "mandate" for a 14 year old to replace the card simply for attaining that age... Right?

Yes, I'm not seeing anything referring to a need to replace a card because of attaining age 14. Maybe this is just the wrong or incomplete reference.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...