Should we do the K-1??

[ItWillRain 0]

He was born May 5, 1990 in Santo Domingo, Dominican Republic. At age 1, he was brought here, ILLEGALLYby his mother. At age 15, he was adopted by US CITIZENS. They changed his name and places his adoptive parents on a birth certificate, and they have a letter where they were deemed the parents. There is a line in their that says '_____________ will be treated as _________ and ________ natural born son'. So, naturally, they thought the paperwork was over. However, they never filed for a visa or anything. So, without knowing, he finished High School, in 2008. (Don't ask me how he did that without a SSN or something. I really don't understand this mess.)

We met on September 2009, and began a relationship. His adoptive family did not approve, so they kicked him out. He had to move back in with his blood mother. When they went to enroll him in college classes, they realized his ADOPTIVE PARENTSnever finished the paper work.

Ever since January 2010, we have tried to find out what we can do. All his adoptive parents needed to do was sign like 3 pieces of paper, but it was too late. It needed to be filed before his 21st birthday..when we find that out, it was one WEEK before his 21st birthday.

So, now, we are up in the air. He has given every piece of information he has about himself to the Dominican Consulate. They gave him a copy of his Dominican birth certificate.

This is what he has for identification purposes:

• Maria's Travel? (Has his ORIGINAL name from birth)
  
• High School Diploma (With adoptive last name and first name correction)
  
• Adoption papers (Recognizing him as their son)
  
• ITIN Number (He has a job at a church)
  
• Dominican Birth Certificate (With original last name and first name misspelling that was changed by the judge when he was adopted)
  

Because this is just a mess, his mother paid an attorney. All he said was to give himself up and go back to the Dominican Republic and face possible barment. Then, he stole thousands of dollars, and skipped the state.

I don't know how he can get back to the Dominican Republic without being barred. None of this is his fault.

He needs to go back to just get that Dominican Passport right?

Then should we fill out the K-1 Fiance' form?

If we fill that out and send the letter of intent, withouta passport attached for him, and we sent adoption papers and his birth certificate, maybe that would work?

Please help me.

[canadian_wife 1,823]

You have a complicated case, I am sure you are aware of that. I suggest you contact Laural Scott at scottimmigration.net. She offers free chats on Wednesdays and is an accomplished immigration attorney

Did his adoptive parents believe your boyfriend was a US citizen?

Good luck

[ItWillRain 0]

Yes, they believed that since they had adoption papers and a birth certificate, it was over with.

Thank you very much for the website!

[Samantha78 117]

I think you should definitely hold off on the K1 until his papers are figured out and settled. If you filed and his current situation continued, you would just face more problems/obstacles in the future. Canadian_wife's post is a great idea so you should do your best to utilize that if possible.

[JimVaPhuong 4,863]

In order to acquire immigration status in the US, adopted children of US citizens must either enter the US with an immigrant visa, or adjust status within the US. He didn't enter with an immigrant visa, and isn't eligible for adjustment of status because of the unlawful entry. Even the biological child of a US citizen wouldn't be eligible to adjust status after an EWI entry except for asylum or VAWA cases, neither of which would apply to him.

Stealing "thousands of dollars" is grand or felonious larceny in every state in the US. It's a crime involving moral turpitude, and it makes him inadmissible to the United States. He's going to receive a ban of 10 years when he leaves because he's been unlawfully present for more than a year. The ban may be eligible for an I-601 hardship waiver. The felony would only be eligible for a waiver if the maximum prison term in the jurisdiction the crime were committed in were one year or less.

His adopted parents couldn't have fixed this while he was still a minor without taking him back to the Dominican Republic and completing the immigrant visa process. There would have been no adverse consequences if they had done this before he was 18. Once he reached the age of 18 he began accumulating unlawful presence in the US.

Don't proceed without a good immigration attorney.

[Harpa Timsah 13,258]

Jim, I was confused too, but I think the lawyer "stole thousands of dollars and skipped the state," not the person from DR.

Really, it's time for a lawyer - a good and reputable one. How was he adopted at age 15 (quite old to adopt a "child") when his mother was still around and alive? Was the mother trying to get her son citizenship by getting him USC parents? I wonder if the adoption was wonky too. Good luck to you.

[pereira=delgado 0]

This case is very complicated....I would talk it out with various lawyers and get all of their information together to see what are the possiblities I must say it doesn't really sound good but any thing is possble!!

Thanks for the website canadian-wife!!

[ItWillRain 0]

I know it's all so very confusing! My fiance did not steal the money! It was the horrible immigration attorney.

I am a college graduate and not employed. So I need to find an attorney that is more willing to give us advice, the free kind. Haha.

And my fiance' was adopted because they proved his real mother was unfit and that the adopted parents could give him a better life.

(Quick side note. When he was brought here, his mom married a man. Making HER legal. But the husband thought that he would wait and make my fiance' legal to make sure that my fiance's mom wasn't using him for her son's citizenship. Well, they got a divorce, and his mom became horrible. So, with a good heart, he took my fiance' in and adopted him.)

Is there anything that we could fill out to make this look better?