Minor at consulate interview

[Boiler 48,068]

Seems odd that there would be a US German Treaty on the subject or that a German Family Court would have much knowledge of international treaties.

[Inita 44]

8 hours ago, Boiler said:

Seems odd that there would be a US German Treaty on the subject or that a German Family Court would have much knowledge of international treaties.

They said it was called 'right of reference' ...

[Boiler 48,068]

8 minutes ago, Inita said:

They said it was called 'right of reference' ...

Hmm, well I have seen that term used as recommendation, but not in this context.

[Inita 44]

33 minutes ago, Boiler said:

Hmm, well I have seen that term used as recommendation, but not in this context.

Yeah, I don't know and am actually a little confused with those different informations... we are still keeping up our i130 petition for him but are looking for alternatives as USCIS  is actually working on my petition but in case of his there seems to be a black hole thing going on.... 

[Boiler 48,068]

28 minutes ago, Inita said:

Yeah, I don't know and am actually a little confused with those different informations... we are still keeping up our i130 petition for him but are looking for alternatives as USCIS  is actually working on my petition but in case of his there seems to be a black hole thing going on.... 

I think that is very wise, now certainly would not be the first time I have been shown to be wrong when something struck me as illogical, and I may be overthinking this but I have not come across a comparable situation and could envisage such a policy causing all sorts of issues.

[jan22 3,186]

19 hours ago, Hank_ said:

 

Once in the USA do check into this further, being the boy is adopted it is very possible once in the USA he gets his citizenship.   I do not know the finer points of this as it has been some time since I read on it.  But I do suggest you check into that further with USCIS once in the USA

I am assuming that the OP is the biological mother of the child and the petitioner was a stepfather who then adopted the boy.  Is this right? 

 

If so, did you file the I-130 as the stepson of a US citizen or as the adopted son of a US citizen (i.e., what box did you check under Part 1, Question 2)?  If you checked adopted child, there are other requirements that must be met and an IR-3 visa cannot be issued until they are met.  (Not all adoptions meet the requirements to qualify for an immigrant visa).  If you meet the requirements and receive an IR-3 visa, your son will acauire US citizenship immediately upon entry into the US. If you marked stepson, an IR-2 visa will be issued, but will not result in immediate citizenship upon entry into the US, since there is not a biological or adoptive (for immigration purposes) relationship between them.  

 

It is extremely unlikely that you wouId meet tbe IR-3 requirements, as Germany is under the Hague Convention for international Adoptions, and many of the steps must be done before the adoption is completed or before the visa is issued.  There is a process for a non-Hague adoption that could be qualified for immigration if the adoptive parent has lived with the child in their legal custody outside the United States for two years. However, that process requires that the child not have a biological parent who is able to support and take care of them, which does not seem to be the case.  If it would somehow qualify, the child would receive an IR-2 and acquire citizenship upon entry.

 

USCIS will not normally re-judicate a category after the child has already been permitted entry into the US as a permanent resident, as they will not have all of the required pre-entry information

Edited January 22, 2020 by jan22

[Inita 44]

1 hour ago, jan22 said:

I am assuming that the OP is the biological mother of the child and the petitioner was a stepfather who then adopted the boy.  Is this right? 

 

If so, did you file the I-130 as the stepson of a US citizen or as the adopted son of a US citizen (i.e., what box did you check under Part 1, Question 2)?  If you checked adopted child, there are other requirements that must be met and an IR-3 visa cannot be issued until they are met.  (Not all adoptions meet the requirements to qualify for an immigrant visa).  If you meet the requirements and receive an IR-3 visa, your son will acauire US citizenship immediately upon entry into the US. If you marked stepson, an IR-2 visa will be issued, but will not result in immediate citizenship upon entry into the US, since there is not a biological or adoptive (for immigration purposes) relationship between them.  

 

It is extremely unlikely that you wouId meet tbe IR-3 requirements, as Germany is under the Hague Convention for international Adoptions, and many of the steps must be done before the adoption is completed or before the visa is issued.  There is a process for a non-Hague adoption that could be qualified for immigration if the adoptive parent has lived with the child in their legal custody outside the United States for two years. However, that process requires that the child not have a biological parent who is able to support and take care of them, which does not seem to be the case.  If it would somehow qualify, the child would receive an IR-2 and acquire citizenship upon entry.

 

USCIS will not normally re-judicate a category after the child has already been permitted entry into the US as a permanent resident, as they will not have all of the required pre-entry information

I am not really sure what we checked but I believe it was just "son". As that is what he is seen as here. In his birth certificate it states my husbands name as father. We had been told by a law council here on base that he would become naturalized as soon as he sets foot on US soil with his IR2 visa. 

What are the requirements you mean that we are so unlikely to meet? I have been reading about IR3 here now for the first time to be honest. The kid has lived under legal custody from my husband for over three years here with me in Germany. The kid has never had a 'biological dad' before as that person never claimed/ admitted of fatherhood and was not registered as his father ever (birth certificate section 'father's blank until German authorities now changed it to my husbands name) I am really confused now about what you are writing ... 

[jan22 3,186]

31 minutes ago, Inita said:

I am not really sure what we checked but I believe it was just "son". As that is what he is seen as here. In his birth certificate it states my husbands name as father. We had been told by a law council here on base that he would become naturalized as soon as he sets foot on US soil with his IR2 visa. 

What are the requirements you mean that we are so unlikely to meet? I have been reading about IR3 here now for the first time to be honest. The kid has lived under legal custody from my husband for over three years here with me in Germany. The kid has never had a 'biological dad' before as that person never claimed/ admitted of fatherhood and was not registered as his father ever (birth certificate section 'father's blank until German authorities now changed it to my husbands name) I am really confused now about what you are writing ... 

First, the base council may be good, but they are not experts in immigration law, and they may not have experienced a case such as yours.  Their information may be correct, but it is better if you follow the information you received from the consulate , where they deal with immigration law everyday.

 

You didn't include an answer to this in your response but you are the biological mother, right?  My responses below assume that you are if you are not, what I say may not apply. 

 

I'm sorry, but you could not have just said "son" on the i-130.  That is not an option.  In PartOne, Question 1, you would have marked "Child".  There are then four options in Question 2 and you have to choose one of them.  The choices are, basically:  child born to parents who are married at the time of birth, stepchild, child born to parents who are not married at the time of birth, or adopted child (not an Orphan or a Hague Convention adoptee).  If completed correctly, the last option should have been checked.  If it was,  it will be evaluated to determine whether the adoption meets the criteria for adoption for immigration.  The good news is that, if it does, an IR2 will be issued and your son will, in fact, acquire US citizenship upon entry.  Let's hope so!

 

If stepchild was marked, an IR2 visa will still be issued, but will not result in the acquisition of US citizenship.  

 

I believe your question about the biological dad is in response to what I said about the non-Hague adoption criteria. That criteria does not mean that a child has had two biological parents who have cared for and supported them. It requires thhat they do not have "a"  biological parent (meaning they have no biological parent at all) that can support and care for them.  If there is one biological parent (you), the child does not qualify for a non-Hague adoption for immigration purposes.  For a Hague Convention, you have to file forms to demonstrate your suitability to be an adoptive parent. This includes background checks, fingerprinting, and home studies prior to the adoption. It seems clear that you did not do that; therefore, a Hague Convention adoption is not possible.

 

This is, obviously, a really complicated part of immigration law.   I hope this has clarified, at least a little, what I was trying to say.  Good luck on working through it and hope it all works out!

 

Oh, one final thing. If your son qualifies for acquisition of US citizenship under the IR2 vIsa entry, it will not be considered a naturalization. He will not have to do any further action -- he will become a US citizen automatically and can apply for his US passport.

Edited January 22, 2020 by jan22

[Inita 44]

8 minutes ago, jan22 said:

First, the base council may be good, but they are not experts in immigration law, and they may not have experienced a case such as yours.  Their information may be correct, but it is better if you follow the information you received from the consulate , where they deal with immigration law everyday.

 

You didn't include an answer to this in your response but you are the biological mother, right?  My responses below assume that you are if you are not, what I say may not apply. 

 

I'm sorry, but you could not have just said "son" on the i-130.  That is not an option.  In PartOne, Question 1, you would have marked "Child".  There are then four options in Question 2 and you have to choose one of them.  The choices are, basically:  child born to parents who are married at the time of birth, stepchild, child born to parents who are not married at the time of birth, or adopted child (not an Orphan or a Hague Convention adoptee).  If completed correctly, the last option should have been checked.  If it was,  it will be evaluated to determine whether the adoption meets the criteria for adoption for immigration.  The good news is that, if it does, an IR2 will be issued and your son will, in fact, acquire US citizenship upon entry.  Let's hope so!

 

If stepchild was marked, an IR2 visa will still be issued, but will not result in the acquisition of US citizenship.  

 

I believe your question about the biological dad is in response to what I said about the non-Hague adoption criteria. That criteria does not mean that a child has had two biological parents who have cared for and supported them. It requires thhat they do not have "a"  biological parent (meaning they have no biological parent at all) that can support and care for them.  If there is one biological parent (you), the child does not qualify for a non-Hague adoption for immigration purposes.  For a Hague Convention, you have to file forms to demonstrate your suitability to be an adoptive parent. This includes background checks, fingerprinting, and home studies prior to the adoption. It seems clear that you did not do that; therefore, a Hague Convention adoption is not possible.

 

This is, obviously, a really complicated part of immigration law.   I hope this has clarified, at least a little, what I was trying to say.  Good luck on working through it and hope it all works out!

 

Oh, one final thing. If your son qualifies for acquisition of US citizenship under the IR2 vIsa entry, it will not be considered a naturalization. He will not have to do any further action -- he will become a US citizen automatically and can apply for his US passport.

Oh wow thank you so much for this very detailed info- it clarifies a lot. I very much appreciate your help! 

Now that you have broken the options down, I am pretty sure that we marked the 'adopted child's field. And yes, I am the biological mother 

so then when we applied for the i130, we did the right thing 🙏

I am much more relaxed now after your answer. Again thank you so much!! All the best for you too!

[jan22 3,186]

1 minute ago, Inita said:

Oh wow thank you so much for this very detailed info- it clarifies a lot. I very much appreciate your help! 

Now that you have broken the options down, I am pretty sure that we marked the 'adopted child's field. And yes, I am the biological mother 

so then when we applied for the i130, we did the right thing 🙏

I am much more relaxed now after your answer. Again thank you so much!! All the best for you too!

You are very welcone.  Hooray!   Yes, you did exactly the right thing fiIing the I-130 -- and it sounds like it was completed properly.  So,  now it's a matter of sitting back, relaxing (like that's possible!), and waiting for all of the paperwork to be approved. Good luck!