janeth8711

What more details do you need?
I'm waiting to speak with his dad to see if he can answer some questions for us
Thanks for your reply

dreamercon

Was/Is his dad a US citizen? Did he live with his dad and for how long? His dad is married to another US citizen? Domiciled in the US? Where did the adoption take place? At what age did he get a green card?

janeth8711

His dad is a us citizen, he got his green card when he was 11.He lived with his dad from being 10 to the age of 21. His dad is now divorced from his mother and has not remarried. He currently lives in Apopka FL and requires us to go and help care for him. The adoption took place in Florida. Hope you can give me some answers as this is such a complicated process. Thanks so much for your help.

henryh

Was the father always a US citizen? If not, when did he become one in relation to your fiancé's timeline?

janeth8711

His dad was born in New York, he currently lives in Florida and has done for years.

meauxna

And his mother? Can you just lay out the entire story?
Your FI's mother is... British?
She immigrated to the US because of her marriage to the US citizen adoptive father?
She had a green card (as did her son, your FI)?
Did she ever naturalize to US citizenship? When?

ian-mstm

I believe that as long as he was adopted prior to age 18, he is considered the same as a biological child... and I'm sure someone will correct me if I'm wrong. As long as his father meets the requirements to pass US citizenship to his son, he can. Those requirements? That depends on when, exactly, your fiancé was born... well, unless both of his parents were US citizens - adoptive or not. If both parents (or adoptive parents) were USCs at the time of birth and at least one of them lived in the US prior to his birth, he is a USC as a matter of law.

Now if his father is a USC and his mother was not:

If he was born between December 23, 1952 and November 13, 1986, then he is a US citizen if his USC father resided in the US for a total of 10 years prior to his birth, with five of the years after the age of 14.

If he was born on or after November 14, 1986, he is a USC if all of the following are true: 1) one of his parents was a USC when he was born, 2) the USC parent lived at least five years in the United States before his birth; and 3) a minimum of two of these five years in the US were after the USC parent's 14th birthday. So, if all 3 are true, then your fiancé is a US citizen as a matter of law.

Okay, there's a little bit more to it than that, but if he meets these criteria, he is most likely already a USC.

Ian

Rete

Jane ... the reasons for the questions are because the smallest detail can alter the scenario.

From what little you have offered, are we safe in assuming that his mother was an alien who married a US Citizen and through that marriage she and her son became US permanent residents.

The step-father at a later time formally, through the courts, adopted your fiancee and your fiancee became his son and used his last name.

If the above is correct, I would like to know if at any time did his mother become a US Citizen? If you fiancee already had his green card at the time of adoption, then it might be safe to assume that he is already a US Citizen and just needs to adoption papers, his expired green, and perhaps one or two other things to prove his US Citizenship.

He would be in his best interest to contact a US Immigration attorney in the UK and ask for his/her advice and counsel. He can do this as a consultation if he so choses.

Suggest he and you read the following so that you are familiar with the naturalization law and know what questions to ask of his dad.

http://www.richw.org/dualcit/

ian-mstm

I responded in your other thread: http://britishexpats.com/forum/showp...9&postcount=14.

Ian

janeth8711

Wow !!! I really can't thank you enough.
He is 27 now born in 1983 his dad has never moved from the states, were desperately trying to get hold of his dad to see if he can answer some more questions for us, but we are very excited.
Do you know the type of visa he needs to get now????

Thank you so much
Janet

janeth8711

Thanks to all who's replying.
Your right in thinking my fiances mum is English, he moved there along with his mum and sister (who still lives in Florida).
His mum married his adoptive dad and all were given green cards.
His mum never became a US citizen and has only recently given up her green card. He received his green card after his adoption because of the surname change.
He did return his green card after family problems in the UK, (he had to be out of the US for a long time).
Hope this answers everything.
Janet

crg

The father can't transmit citizenship directly to an adopted child like that. Residence requirements must be met by the parent(s) at the time the child is born. When this child was born, the current father wasn't related to the child and therefore nothing transmits.

CCA 2000 may be a possibility.

http://en.wikipedia.org/wiki/Child_C...ip_Act_of_2000


"The child must have at least one U.S. citizen parent by birth or naturalization, be under 18 years of age (have been born on or after February 27, 1983)[1], live in the legal and physical custody of the U.S. citizen parent, and be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final."

The child must have been fully adopted by the US, admitted for permanent residence, and residing in the custody of the USC parent before reaching the age of 18.

We need to know if the fiance was born on or after 2/27/83, when the child received the green card, when the adoption was final, and when the fiance resided with the USC parent.

crg

This mess really needs to stay in one thread. The OP should also include as many dates as possible and review CCA 2000.

http://en.wikipedia.org/wiki/Child_C...ip_Act_of_2000

ian-mstm

If he's a US citizen, he doesn't need a visa. Whether he's a USC or not needs to be sorted out first. If he is, you two will need to get married, he will need to legitimate the children (hint = Google is your friend), and then there's a whole bunch of paperwork. If he is a USC he can file an I-130 for you and the children for immigrant visas. On the day you enter the US with your IV, you'll immediately become a US permanent resident (= green card), and your children will immediately become US citizens and hold dual UK/US citizenship (assuming they are all still under age 18 at the time).

This all pivots upon whether or not he's a USC.

Ian

meauxna

I agree! I merged them. All of janeth8711's posts are in this one thread now.

janeth8711, I just want to highlight these important questions:

I also want to add.. your FI is very sure that he was adopted, and that this isn't a step father relationship?


I'm also curious, are there other siblings? Who are the brothers/sisters of your fiance?