Planning to Retire to the Philippines with K-1 Wife and Child (Waiting I-751 approval currently)

[taximan683 66]

OK, so we want to retire to the Philippines in about 2 1/2 years. We have filed I-751 and my wife's provisional green card was created June 2021, so I believe she can apply for citizenship 90 days before the same date in June 2024. I'm thinking that we should make her and her child (my stepchild who I plan to adopt) dual-citizens before we retire to the Philippines because we will want to visit the USA whenever we like. If my wife and step-daughter only have green cards, then we will have to return to the USA every year and renew their green cards in 10 years (after they receive their 10-year green cards). Has anyone here dealt with the same situation? My plan is to have her apply for citizenship when eligible which would confer citizenship on the child as well, then apply for dual citizenship at the Philippines consulate in the USA. I also plan to adopt my step-daughter because she would be eligible for Social Security benefits until she reaches 18. I will be applying for Social Security in the next few years. Does anyone here have experience with this kind of situation? Is there anything I am forgetting, or any flaws in my plan? Is it very important for her to become a citizen, or is it possible to deal with the challenges of the green card? (wife is worried about the citizenship test). 

[Mike E 11,727]

39 minutes ago, taximan683 said:

Is it very important for her to become a citizen, or is it possible to deal with the challenges of the green card?

Inevitably she will be put in removal proceedings for spending too much time outside the U.S.  

 

Collecting social security abroad is harder if not a U.S. citizen 

[Dashinka 23,380]

With your plan, I would vote for citizenship as it will be much less hassle.  The only thing you need to plan for is how long it will take for your wife and step-daughter to finish naturalization and get their US passports, so you may want to have a plan with flexible date.

 

Good Luck!

[Crazy Cat 39,665]

7 hours ago, taximan683 said:

OK, so we want to retire to the Philippines in about 2 1/2 years. We have filed I-751 and my wife's provisional green card was created June 2021, so I believe she can apply for citizenship 90 days before the same date in June 2024. I'm thinking that we should make her and her child (my stepchild who I plan to adopt) dual-citizens before we retire to the Philippines because we will want to visit the USA whenever we like. If my wife and step-daughter only have green cards, then we will have to return to the USA every year and renew their green cards in 10 years (after they receive their 10-year green cards). Has anyone here dealt with the same situation? My plan is to have her apply for citizenship when eligible which would confer citizenship on the child as well, then apply for dual citizenship at the Philippines consulate in the USA. I also plan to adopt my step-daughter because she would be eligible for Social Security benefits until she reaches 18. I will be applying for Social Security in the next few years. Does anyone here have experience with this kind of situation? Is there anything I am forgetting, or any flaws in my plan? Is it very important for her to become a citizen, or is it possible to deal with the challenges of the green card? (wife is worried about the citizenship test). 

I would certainly opt for her citizenship.  There are advantages of Citizenship vs Green Card holder status.  No worry about losing status, free travel in & out of the US, not reporting every move to USCIS, and not having the hassle of renewing Green Cards are the ones which come to mind.  Tell your wife the citizenship process is a piece of cake....because it is.  I urge her to file her N-400 as soon as she is eligible (late this year, it appears).  

Edited August 21, 2023 by Crazy Cat

[Bob in Boston 630]

You would be smart to get your wifes citizenship befor you move. Will save you many problems in the future. Meanwhile you can spend your time planning , building or whatever so your move is easy. Been there done that. We are in the process of building in her hometown at this point. then we will start being snow birds (6 months here and 6 months there and then decide if we will do full time and sell everything here. Takes a lot of consideration.

[seekingthetruth 1,219]

A couple of more factors for your decision making.

 

Your wife can collect Social Security on your account when she is at retirement age.  As a resident alien, she must live in the U.S. for 5 years to qualify.  When she gets citizenship that requirement goes away.

 

Your step daughter, assuming you adopt her and she gets her citizenship, must live in the U.S. for 5 years in order to pass her U.S. Citizenship to her children.

[taximan683 66]

Thank you for the responses. One more question. Should I apply to adopt my stepdaughter now or just let her become a citizen with her mother? I believe she will become a citizen when I adopt her. Is that true?

[taximan683 66]

I need to adopt her anyway. I'm just not sure if I should do it now or wait. Maybe it doesn't make a difference.

[Verrou 1,901]

1 hour ago, taximan683 said:

Thank you for the responses. One more question. Should I apply to adopt my stepdaughter now or just let her become a citizen with her mother? I believe she will become a citizen when I adopt her. Is that true?

How old is ur step daughter now. If she’s young enough and not turned to 18 when the mother become citizen, she can file n-600. U don’t need to adopt her. 

please correct me if im wrong 

Edited August 22, 2023 by Verrou

[taximan683 66]

2 hours ago, taximan683 said:

Thank you for the responses. One more question. Should I apply to adopt my stepdaughter now or just let her become a citizen with her mother? I believe she will become a citizen when I adopt her. Is that true?

 

24 minutes ago, Verrou said:

How old is ur step daughter now. If she’s young enough and not turned to 18 when the mother become citizen, she can file n-600. U don’t need to adopt her. 

please correct me if im wrong 

 

[taximan683 66]

Thank you for your answer. I'm going to adopt her one way or another. I'm just wondering if I should wait until she's a citizen or do it before she's a citizen. I'm just wondering if that makes any difference? Just from the perspective of how much complication there is. Maybe it doesn't matter at all and maybe I should talk to a lawyer.

[seekingthetruth 1,219]

On 8/22/2023 at 8:47 AM, taximan683 said:

Thank you for your answer. I'm going to adopt her one way or another. I'm just wondering if I should wait until she's a citizen or do it before she's a citizen. I'm just wondering if that makes any difference? Just from the perspective of how much complication there is. Maybe it doesn't matter at all and maybe I should talk to a lawyer.

My opinion is that you should get the adoption process started right away if you will adopt no matter what.  It may take a while.

[Redro 4,602]

On 8/21/2023 at 6:32 PM, taximan683 said:

I need to adopt her anyway. I'm just not sure if I should do it now or wait. Maybe it doesn't make a difference.

Do you want it to be a US adoption or adoption based out of Philippines?

If US, start the process now.

[Mike E 11,727]

On 8/20/2023 at 8:40 PM, taximan683 said:

after they receive their 10-year green cards

Adopt her. Once the adoption is complete she is a U.S. citizen and she bypasses I-751.

[taximan683 66]

What about becoming dual citizen? Her Mom will file for dual citizenship when she becomes US citizen. I guess my stepdaughter can still be dual citizen due to her Filipino birth. I am only concerned with adoption in the US so she will be eligible for Social Security benefits under my name.