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Posted

Good evening!
I am looking for information and am hoping you can help me.


My daughter was born in Germany and has no official father in her birth certificate.

My husband is American and we live together in the states, since our daughter is 4 weeks old. I have a green card.

We applied our daughters greencard twice and it got messed up twice. The first time our lawyer messed up the paperwork by applying a work permit also and she got denied.

The second time the USCIS lost the paperwork. Our daughter will be 3 soon and I would love for my husband to legally adopt her. We have been waiting with the adoption

process until the greencard is done and now that it got lost it would take another 14 months.

At this point I was wondering if it would be easiest to screw the greencard and do adoption right away. That´s a super fast process of less than 3 months.

 

But then what? How can our daughter get citizenship after that? Does she HAVE to have a greencard first?
Could we file Birth Abroad and get citizenship through that?

Our second baby will be born (in the US this time) in June and I would love to have everything figured out by then!

 

Thank you in advance and please excuse if this is the wrong forum!

 

 

Posted

You are going about this the most difficult way. Your husband can apply for your child because he is married to you. So he can petition his stepchild.

 

You want to grant your child immediate citizenship by having your husband adopt your child. Doesn't work like that. Adoption doesn't automatically grant citizenship. Also, he can't apply for CRBA for a child that is no biologically his. So yes, your child HAS TO HAVE a green card prior being a citizen.

 

The rules for adoption for immigration is very strict. Don't even know why you are considering it since your child will have a path to being a US resident. True, your child will not immediately be a citizen but that is not the end of the world.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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