Scarlett

hi,

i'm arriving in dallas on a k1 december 11 (typo on earlier message said dec 1
- i wish!!). i have two k2 children and my husband-to-be is going to file for
adoption immediately after our marriage. there are no custody complications -
their father died when they were very young - so it should be a straightforward
case.

my question is this: do we NEED to file aos for them given these circumstances?
they will be here for 90 days legally due to my fiancé visa. if the adoption
hasn't gone through yet at the end of the 90 days will they be out-of-status or
will they have some kind of pending status since they will be in the adoption
process? money is tight and i don't want to file aos for them both if it will
be superceded by the adoption case. at the same time i don't want to do
anything to jeopardise their position.

i know we could wait to file the adoption but it is very important both to my
fiancé and the girls that he be legally their dad, and not their step-dad. the
girls have wanted a daddy since forever and garth badly wants this too. it
won't make a great difference to our lives practically to file sooner rather
than later but it would mean a lot to all three of them emotionally.

i know i ought to file aos as soon as possible after marriage but i could
probably get away with delayed filing - possibly long enough to get the
adoption matter settled - and then just file aos for myself. however this isn't
an option as i have a job waiting and need the ead as soon as poss. i'm quite
prepared to pay whatever i have to to do this right. i just don't want to pay
more than i have to as until i'm working, money will be tight. if there's any
doubt as to the position my children will be in i'll file aos for them too.

very grateful for any advice on the legal position.

regards
-=-
scarlett

Andy Platt

I'm nowhere near an expert on this subject, just a vaguely knowledgable
person! Anyway, my understanding is that the children need to be in a legal
status for you to file for them and therefore you should file for their AOS
if necessary - even if it means waiting till day 90 to do so.

Andy.

--
I'm not really here - it's just your warped imagination.
"Scarlett" wrote in message
news:[email protected]...
    > hi,
    > i'm arriving in dallas on a k1 december 11 (typo on earlier message said
dec 1
    > - i wish!!). i have two k2 children and my husband-to-be is going to file
for
    > adoption immediately after our marriage. there are no custody
complications -
    > their father died when they were very young - so it should be a
straightforward
    > case.
    > my question is this: do we NEED to file aos for them given these
circumstances?
    > they will be here for 90 days legally due to my fiancé visa. if the
adoption
    > hasn't gone through yet at the end of the 90 days will they be
out-of-status or
    > will they have some kind of pending status since they will be in the
adoption
    > process? money is tight and i don't want to file aos for them both if it
will
    > be superceded by the adoption case. at the same time i don't want to do
    > anything to jeopardise their position.
    > i know we could wait to file the adoption but it is very important both to
my
    > fiancé and the girls that he be legally their dad, and not their step-dad.
the
    > girls have wanted a daddy since forever and garth badly wants this too. it
    > won't make a great difference to our lives practically to file sooner
rather
    > than later but it would mean a lot to all three of them emotionally.
    > i know i ought to file aos as soon as possible after marriage but i could
    > probably get away with delayed filing - possibly long enough to get the
    > adoption matter settled - and then just file aos for myself. however this
isn't
    > an option as i have a job waiting and need the ead as soon as poss. i'm
quite
    > prepared to pay whatever i have to to do this right. i just don't want to
pay
    > more than i have to as until i'm working, money will be tight. if there's
any
    > doubt as to the position my children will be in i'll file aos for them
too.
    > very grateful for any advice on the legal position.
    > regards
    > -=-
    > scarlett

Scarlett

    >my understanding is that the children need to be in a legal
    >status for you to file for them and therefore you should file for their AOS

surely they are in legal status before the K2s expire? so my question is do
they have any kind of status if an adoption is proceeding and the K2s expire...

i don't think i fully understand what you were saying..... i think i'm missing
something - just been at dentist so brain not necessarily working properly -
ngh

but thanks for responding

regards
-=-
scarlett

Andy Platt

Actually, after I posted I realized that this point was probably unclear and
started thinking about it some more. Merely filing the citizenship app. for
them is not going to give them any status (unlike filing for AOS).
Therefore, yes, I think you will have to file for them anyway to give them
legal status during the citizenship app.

Hopefully others will throw in their $0.02 worth.

Andy.

--
I'm not really here - it's just your warped imagination.
"Scarlett" wrote in message
news:[email protected]...
    > >my understanding is that the children need to be in a legal
    > >status for you to file for them and therefore you should file for their
AOS
    > surely they are in legal status before the K2s expire? so my question is
do
    > they have any kind of status if an adoption is proceeding and the K2s
expire...
    > i don't think i fully understand what you were saying..... i think i'm
missing
    > something - just been at dentist so brain not necessarily working
properly -
    > ngh
    > but thanks for responding
    > regards
    > -=-
    > scarlett

[email protected]

Andy Platt wrote:
    >
    > Actually, after I posted I realized that this point was probably unclear and
    > started thinking about it some more. Merely filing the citizenship app. for
    > them is not going to give them any status (unlike filing for AOS).
    > Therefore, yes, I think you will have to file for them anyway to give them
    > legal status during the citizenship app

What "citizenship ap"?
You can file a form with INS to get a certificate of citzenship for the
child.
However, that is only a document of proof. That document isn't required
to prove the child's citizenship.
All we needed for the US passport was the birth certificate and court
order of adoption.

Andy Platt

I know you know more about the CCA but according to what I've seen, only
(child) permanent residents get automatic citizenship and those in
non-immigrant status need to apply:

http://travel.state.gov/childcitfaq.html

Andy.

--
I'm not really here - it's just your warped imagination.
wrote in message
news:[email protected]...
    > Andy Platt wrote:
    > >
    > > Actually, after I posted I realized that this point was probably unclear
and
    > > started thinking about it some more. Merely filing the citizenship app.
for
    > > them is not going to give them any status (unlike filing for AOS).
    > > Therefore, yes, I think you will have to file for them anyway to give
them
    > > legal status during the citizenship app
    > What "citizenship ap"?
    > You can file a form with INS to get a certificate of citzenship for the
    > child.
    > However, that is only a document of proof. That document isn't required
    > to prove the child's citizenship.
    > All we needed for the US passport was the birth certificate and court
    > order of adoption.