how do my husband adopt my kids?

[jen1217 5]

sorry i dont know where to post my question i hope i am in hte right forum,anyway I am married to USC and he is planning to adopt my kids so that I can bring them in the US once I get there, my question is... where do we file for adoption is it here in the Phils or US, i hope i can do it now here while im waiting for my petition approved. hope i can get some advice on this...

TIA!!

[Penguin_ie 5,986]

It would be easier, I believe, to bring them to the USA first and then adopt. Assuming your kids are under 18, your husband can file as their step dad, and it will take about the same amount of time to bring them as a spousal visa (8-10 months). Then once you are all here, do the adoption as per the state law of where you live.

[jen1217 5]

It would be easier, I believe, to bring them to the USA first and then adopt. Assuming your kids are under 18, your husband can file as their step dad, and it will take about the same amount of time to bring them as a spousal visa (8-10 months). Then once you are all here, do the adoption as per the state law of where you live.

ty for response and yeah my kids are 16,7 and 5 so i hope we can petition my son before he turns 19.

[sunandmoon 450]

ty for response and yeah my kids are 16,7 and 5 so i hope we can petition my son before he turns 19.

your husband can file now as their step dad.

[JimVaPhuong 4,863]

your husband can file now as their step dad.

This is correct. He doesn't need to adopt them in order to petition for them. He is their step-father under US immigration law, and he can petition for them now.

[jen1217 5]

your husband can file now as their step dad.

oh i see... can my hubby claim them on his ITR as his dependents now?

[JimVaPhuong 4,863]

oh i see... can my hubby claim them on his ITR as his dependents now?

They'll need Social Security Numbers or Individual Taxpayer ID (ITIN) numbers first. Until they come to the US and have green cards they won't be eligible for a Social Security number, but they ARE eligible for an ITIN as a dependent of a US citizen. Your husband will need to send applications to the IRS to get ITIN numbers for them. With the ITIN numbers he'll be able to claim them as dependents on his tax return.

[jen1217 5]

They'll need Social Security Numbers or Individual Taxpayer ID (ITIN) numbers first. Until they come to the US and have green cards they won't be eligible for a Social Security number, but they ARE eligible for an ITIN as a dependent of a US citizen. Your husband will need to send applications to the IRS to get ITIN numbers for them. With the ITIN numbers he'll be able to claim them as dependents on his tax return.

thank you so much for that info.

[jen1217 5]

and one more thing what proof do they need from my hubby if theres any thanks again

[JimVaPhuong 4,863]

and one more thing what proof do they need from my hubby if theres any thanks again

Proof for the petition, or proof for the ITIN?

Generally, to prove a step-child relationship he would need a birth certificate indicating the parents of the child, and a marriage certificate indicating he's married to the child's biological parent. Substantially more evidence is required when a step-father is filing a petition for their step-children.

To get instructions for obtaining an ITIN for the children start here:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

To get instructions for filing a petition for the children start here:

http://www.visajourney.com/content/childpet

[Darnell 8,478]

weekend is coming up - seems the two of you will be busy filling out the I-130 forms.

Remember - it's one per child, one fee per child as well.

you may want to consider including an expedite request letter with each I-130 form, as the mother (you) is already in the USA.

don't forget the G-1145 form, as well - one for each I-130.

ps - i think your adoption plan wasn't so well thought out, as they can get other status via the immigration system. also look into the cspa, as 2 of them might qualify for uscitizenship automatically after arriving in usa.

Edited January 5, 2012 by Darnell

[Ken & Marife 0]

Can we claim my kids on my husband ITR eventhough they are not here yet?since you mentioned about ITIN..hmmm pretty much interested to know more about it.

Edited January 26, 2012 by Ken & Marife

[JimVaPhuong 4,863]

Can we claim my kids on my husband ITR eventhough they are not here yet?since you mentioned about ITIN..hmmm pretty much interested to know more about it.

Follow the link I provided above for the IRS info page on the ITIN.

[Alaska2012 462]

In Sweden where me and my son live, at least for now, we were told to file for the adoption over here. Now we know that my son will be able to come with me anyway and we have already started that process..

But since my husband and my son has grown so close an adoption seems natural after all. But with that said you can still do the adoption in the USA too but it might be issues with the biological father that might be easiest to deal with while still being in your country.

Good luck!

[aaron2020 11,651]

Please be aware that adoption may terminate the legal relationship between a child and a parent. This may affect future plans for the child to petition the non-immigrating parent later.

For example: US citizen step-father adopts his wife's child. Generally, the biological father will need to give up his parental rights in order for the step-father to adopt the child. The adoption terminates the child's legal relationship with his/her biological father. The biological father will no longer have any rights to make decision for the child. In addition, the adopted child can never petition for the biological father to immigrate to the US.