Removal of Conditions and Adoption

[Stubmeister 31]

This question I am sure it has been asked before and I can't find it after searching. I have applied for my wife and the children to have the conditions removed from their conditional green cards. In January 2024 we received an I-751 RFE, so I sent in more proof of a legitimate marriage, (about a ream of paper), along with affidavits, tax forms, lawsuit docket, adoption hearing ect. In the meantime, my wife has suffered many health issues, (currently engaged in a medical malpractice suit), where several times she was on the brink of death. The son is 22 now so I wasn't too worried about him, but the daughter is 13 and we feared if something happened to my wife, she would be sent back to her biological father who didn't want her and abused her when she was small. Through the Colombian and US courts we got him to cede all parental rights and on March 27, 2024 the daughter was officially adopted with my last name. Having said all that, what do I need to do in order to get her a US passport, and to terminate the 'Removal of Conditions' for her? I thought it wasn't too involved and I don't know what happened to the thread, (bad memory cells on my part), so please forgive me for the redundancy.

 

[OldUser 5,141]

So were the children included in their mother's I-751 or they have their own pending I-751 cases?

 

There were boxes on I-751 to indicate whether they're applying with mother or separately.

[Family 3,560]

Let the I-751 proceed as filed , no need to withdraw child . 
For the cost of a US passport application, you will get your answer . Send in the same packet of evidence you submitted to the RFE .

 

[Family 3,560]

For anyone facing such extraordinary life threatening health events , it’s important to note that conditional resident can apply with waiver for hardship ANYTIME,,,along with expedite request . No need to wait for card expiration nor does couple need to be divorced .

[Stubmeister 31]

The children were part of the original application. My wife came here on a K-1 and the children on a K-2 at the same time. So it is one entire case. The fee was submitted when I applied for their 'Removal of Conditions' in Nov. 2022. I thought all that was needed was to submit an N-400 until she receives her US passport. I have some time for this because the official papers are being sent to the PA Commonwealth. I thought by virtue of adoption she becomes de facto 'naturalized' because she been officially declared my daughter. I wish I would have bookmarked that thread that discussed it. 

[Stubmeister 31]

I was able to return to my profile and see where I had posted in it back in October. I do have to wait for the State of Pennsylvania to process the adoption papers, but I do have the court order with raised seal in my possession. IAW moderator's instructions of it being a 'zombie thread' I will use this thread to re-invigorate it.

I found it here: 

 

 

[Timona 3,972]

Isn't the mother not already eligible for N400? If that's the case, her naturalization will be faster than you spending $$ on adoption, court cases etc 

 

As soon as she naturalizes, the 13 year old pighy rides too 

[Family 3,560]

1 hour ago, Stubmeister said:

The children were part of the original application. My wife came here on a K-1 and the children on a K-2 at the same time. So it is one entire case. The fee was submitted when I applied for their 'Removal of Conditions' in Nov. 2022. I thought all that was needed was to submit an N-400 until she receives her US passport. I have some time for this because the official papers are being sent to the PA Commonwealth. I thought by virtue of adoption she becomes de facto 'naturalized' because she been officially declared my daughter. I wish I would have bookmarked that thread that discussed it. 

Once your state completes the adoption, send in the US passport application. 
Glad you found your thread 

[Stubmeister 31]

Timona said:

Quote

 

Isn't the mother not already eligible for N400? If that's the case, her naturalization will be faster than you spending $$ on adoption, court cases etc 

 

As soon as she naturalizes, the 13 year old pighy rides too

 

I meant N-600. Being that the fee is $1170.00 I think I will wait and go with the US passport at $165 for both the book and the card. For the Sec. 320 to apply I need to show proof of 'permanent residence' by either a green card or an I-551 stamp in her passport. She has the 'conditional' green card now and we are waiting for the conditions to be removed. Would the conditional suffice? We have been out of the country and back since the issuance of the 'conditional.' I'll take a look at her passport to see if it is there. 

[Timona 3,972]

19 hours ago, Stubmeister said:

Timona said:

I meant N-600. Being that the fee is $1170.00 I think I will wait and go with the US passport at $165 for both the book and the card. For the Sec. 320 to apply I need to show proof of 'permanent residence' by either a green card or an I-551 stamp in her passport. She has the 'conditional' green card now and we are waiting for the conditions to be removed. Would the conditional suffice? We have been out of the country and back since the issuance of the 'conditional.' I'll take a look at her passport to see if it is there. 

 

Thats going up a long road. 

Just apply for your wife's N400 online today. They're being adjudicated fast. That'll push the I-751. 

 

As soon as she gets N400, daughter becomes citizen too..less of a hustle. Save your money. No need for lawyers, etc and adoption headaches 

 

[OldUser 5,141]

21 hours ago, Stubmeister said:

Timona said:

I meant N-600. Being that the fee is $1170.00 I think I will wait and go with the US passport at $165 for both the book and the card. For the Sec. 320 to apply I need to show proof of 'permanent residence' by either a green card or an I-551 stamp in her passport. She has the 'conditional' green card now and we are waiting for the conditions to be removed. Would the conditional suffice? We have been out of the country and back since the issuance of the 'conditional.' I'll take a look at her passport to see if it is there. 

N-600 is super useful in the future. Your step daughter may be asked for certificate 30 years later applying for a job at US government, renewing passport or trying to get a benefit from SSA. The more time passes, the more difficult it is for her to reprove how she became a citizen, especially when neither you or your wife are still around. Having the certificate will make her life so much easier. You can wait a few years before getting it, but don't ignore it, that's my advice.

Edited March 31 by OldUser

[Stubmeister 31]

Timona said:

Quote

 

Thats going up a long road. 

Just apply for your wife's N400 online today. They're being adjudicated fast. That'll push the I-751. 

 

As soon as she gets N400, daughter becomes citizen too..less of a hustle. Save your money. No need for lawyers, etc and adoption headaches 

 

She is NOT eligible for the N-400. We have to get the conditions removed from permanent residency before that. I'll do the N600 in a few years from now. 

[OldUser 5,141]

8 minutes ago, Stubmeister said:

Timona said:

She is NOT eligible for the N-400. We have to get the conditions removed from permanent residency before that. I'll do the N600 in a few years from now. 

If your wife:

 

- Has been married to you, US citizen, for 3+ years

- Has been a permanent resident for 3 years

- Never had trips for over 180 days at a time since becoming LPR

- Spend at least half of her time in the US

 

Then she is eligible for N-400. Even with I-751 pending. Yes, conditions have to be removed, but the petitions can be pending in parallel. And can be adjudicated together if I-751 is not approved when N-400 interview is scheduled.

[Stubmeister 31]

OldUser said:

Quote

If your wife:

 

- Has been married to you, US citizen, for 3+ years

- Has been a permanent resident for 3 years

- Never had trips for over 180 days at a time since becoming LPR

- Spend at least half of her time in the US

Does the 414 days straight in the hospital count towards permanent residency? Just asking.

[OldUser 5,141]

18 minutes ago, Stubmeister said:

OldUser said:

Does the 414 days straight in the hospital count towards permanent residency? Just asking.

Were you on US soil as LPR?