EriLupGus

Thank you!

Hello, I just prepared my wife's i-751. In Part 5, Question 5 it asks "Is this child applying with you?" Yes or No. The answer Yes. My question to the forum is simply sense I said YES to this question, does that mean I do not have to create a separate i-751 for my stepson? I assume I do not since he is a kid there is really only his name and address which is in her i-751. But obviously I need to get this right. Help appreciated

I am reading some contradiction: Chapter 2 - Eligibility | USCIS At first it aligns with what you said. A petitioner who is a stepparent who adopted the petitioner’s stepchild also has to meet the 2-year legal custody and 2-year joint residence requirements and obtain a final adoption before the child’s 16th birthday (or 18th birthday if the sibling exception applies) before the petitioner can be considered an adoptive parent under immigration law.[23] But there is a footnote number #23: [^ 23] See INA 101(b)(1)(E). Note that 2 years of legal custody and joint residence is not required to establish a qualifying step-relationship under INA 101(b)(1)(B). For information on (non-adoptions based) family-based petitions, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B]. Drilling in further: eCFR :: 8 CFR 204.2 -- Petitions for relatives, widows and widowers, and abused spouses and children. There is a section for "Petition for a child or son or daughter —" (vii) Primary evidence for an adopted child or son or daughter. This also aligns to what you described. But check this out: Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter. The 2 areas of text above in GREEN, Are they implying that the 2 years of legal custody don't matter if the petitioner is the Step-father? What am I missing?

I see. So being his stepfather for the last 1.5 years does not count toward legal custody at all? Legal custody only begins at the point of adoption?

Does him being my stepchild the last year and a half count toward legal custody? Can you clarify why 2 years of legal custody is required for adoption? Where are you seeing that requirement? And to who does it need to be proven? US Adoption court? or?

His biological father died before he was born. What does 2+years legal and physical custody mean? Him and his mom have lived with me 5 years. 1.5 years married in the USA. Is that what you are referring to?

Yes, his mom is my wife. I understand that if my wife decides to naturalize, he can gain citizenship through her. She is undecided about doing that for the moment. However, we for sure want him to get citizenship. I am understanding that if I adopt him, the citizenship process may be easier and sooner. I read something that I was understanding to mean that once the adoption is complete, since he is under 16 citizenship is automatic as long as I am a citizen, we live in the US etc. Not sure if that is accurate and even if it is accurate, not sure what forms to file etc. Any info on that?

Hi, I'm not sure what you mean?

My Stepson is 13. We are in California. He came here on a K2 and got his AOS almost a year ago. I would like to get him his citizenship. It's not clear to me what I need to do to make that happen. My assumption is I need to adopt him first. Since he is not USA born, is the adoption process different? Once the adoption is finalized, what are the steps to citizenship? Or is it automatic once it's final?