us citizen adoption/name-changing of alien step-children
Oct 22nd 2002, 8:52 am
#1
Guest
Posts: n/a
us citizen adoption/name-changing of alien step-children
Mr Travel, you were very helpful on this a while back. I have another question
for you or anyone else who might know...
How soon can my US husband-to-be start adoption proceedings for my children?
(No other people involved - their dad died years ago)
Our reason for wanting to hurry is the name thing. It will be uncomfortable for
them to have a different surname to ours. Here in England I could just let
everyone know we were changing their name to his surname and it would be
perfectly legal. No paperwork, no fees, no wait. It's a 'common law' thing
that's just as legal as using deed poll but I don't believe it's that simple in
the US.
If we can't start adoption proceedings till after AOS, is there another way to
change their name that isn't going to confuse, confound and otherwise
discombobulate the INS? Looking back, perhaps the simplest thing would have
been to change their name here before going out there. But it's too late for
that. I can't send their passports off now because I have interview in just
over a week. And if I send it off after they'll get new passports and likely
lose their visas! Unless I could present both passports at the POE, the old and
the new. The visa would be dated current but the actual passport it would be in
would have a cancelled stamp in it because they issued a new one with the new
name. I thought of asking about this at the embassy but am concerned as they
can't guarantee how a POE official will see the matter, even if they themselves
think it's ok....
Anyone with step-children out there have any experience of this kind of
issue....?
Just to be clear, the reason for adoption isn't simply the name change. We
wanted that anyway. But were just thinking the sooner the better because of the
name thing.
Thanks
-=-
Scarlett
for you or anyone else who might know...
How soon can my US husband-to-be start adoption proceedings for my children?
(No other people involved - their dad died years ago)
Our reason for wanting to hurry is the name thing. It will be uncomfortable for
them to have a different surname to ours. Here in England I could just let
everyone know we were changing their name to his surname and it would be
perfectly legal. No paperwork, no fees, no wait. It's a 'common law' thing
that's just as legal as using deed poll but I don't believe it's that simple in
the US.
If we can't start adoption proceedings till after AOS, is there another way to
change their name that isn't going to confuse, confound and otherwise
discombobulate the INS? Looking back, perhaps the simplest thing would have
been to change their name here before going out there. But it's too late for
that. I can't send their passports off now because I have interview in just
over a week. And if I send it off after they'll get new passports and likely
lose their visas! Unless I could present both passports at the POE, the old and
the new. The visa would be dated current but the actual passport it would be in
would have a cancelled stamp in it because they issued a new one with the new
name. I thought of asking about this at the embassy but am concerned as they
can't guarantee how a POE official will see the matter, even if they themselves
think it's ok....
Anyone with step-children out there have any experience of this kind of
issue....?
Just to be clear, the reason for adoption isn't simply the name change. We
wanted that anyway. But were just thinking the sooner the better because of the
name thing.
Thanks
-=-
Scarlett
Oct 22nd 2002, 8:35 pm
#2
Guest
Posts: n/a
Re: us citizen adoption/name-changing of alien step-children
Scarlett wrote:
> Mr Travel, you were very helpful on this a while back. I have another question
> for you or anyone else who might know...
> How soon can my US husband-to-be start adoption proceedings for my children?
> (No other people involved - their dad died years ago)
There is no "how soon" time. There isn't even requirement that he be
your husband to adopt them.
> Our reason for wanting to hurry is the name thing. It will be uncomfortable for
> them to have a different surname to ours. Here in England I could just let
> everyone know we were changing their name to his surname and it would be
> perfectly legal. No paperwork, no fees, no wait. It's a 'common law' thing
> that's just as legal as using deed poll but I don't believe it's that simple in
> the US.
Yes, you can use "common law" to use a different name in the US.
Or... you can have a court change their name.
Use of a different name doesn't require adoption any more than getting
adopted requires changing your last name. Unless my father abandoned me
as a child, I would be quite a bit hesistant about rushing into a name
change. Many families in the US don't share a common last name.
> If we can't start adoption proceedings till after AOS,
I would think residency is an issue that might depend on your state, as
it does with driver's license, etc..
> is there another way to
> change their name that isn't going to confuse, confound and otherwise
> discombobulate the INS?
They can simply start asking to be called by that name in school.
In fact, our daughter just started writing it one day and no one in
school said a word.
Additionally, there are stages in the INS process where you can change
your name.
Usually, this is done to "Americanize" one's name.
> Anyone with step-children out there have any experience of this kind of
> issue....?
You really should contact your local court for information on whether
there is a requirement for the children to be "permanent residents" in
order to be adopted.
> Just to be clear, the reason for adoption isn't simply the name change. We
> wanted that anyway. But were just thinking the sooner the better because of the
> name thing.
If you are going to use a lawyer for the process, set up a consulating
meeting to discuss the residency issues, now. If not, then contact the
court for information on residency requirements. We didn't have that
issue. My daughter entered on a relative visa, so she immediately became
a PR.
> Mr Travel, you were very helpful on this a while back. I have another question
> for you or anyone else who might know...
> How soon can my US husband-to-be start adoption proceedings for my children?
> (No other people involved - their dad died years ago)
There is no "how soon" time. There isn't even requirement that he be
your husband to adopt them.
> Our reason for wanting to hurry is the name thing. It will be uncomfortable for
> them to have a different surname to ours. Here in England I could just let
> everyone know we were changing their name to his surname and it would be
> perfectly legal. No paperwork, no fees, no wait. It's a 'common law' thing
> that's just as legal as using deed poll but I don't believe it's that simple in
> the US.
Yes, you can use "common law" to use a different name in the US.
Or... you can have a court change their name.
Use of a different name doesn't require adoption any more than getting
adopted requires changing your last name. Unless my father abandoned me
as a child, I would be quite a bit hesistant about rushing into a name
change. Many families in the US don't share a common last name.
> If we can't start adoption proceedings till after AOS,
I would think residency is an issue that might depend on your state, as
it does with driver's license, etc..
> is there another way to
> change their name that isn't going to confuse, confound and otherwise
> discombobulate the INS?
They can simply start asking to be called by that name in school.
In fact, our daughter just started writing it one day and no one in
school said a word.
Additionally, there are stages in the INS process where you can change
your name.
Usually, this is done to "Americanize" one's name.
> Anyone with step-children out there have any experience of this kind of
> issue....?
You really should contact your local court for information on whether
there is a requirement for the children to be "permanent residents" in
order to be adopted.
> Just to be clear, the reason for adoption isn't simply the name change. We
> wanted that anyway. But were just thinking the sooner the better because of the
> name thing.
If you are going to use a lawyer for the process, set up a consulating
meeting to discuss the residency issues, now. If not, then contact the
court for information on residency requirements. We didn't have that
issue. My daughter entered on a relative visa, so she immediately became
a PR.
Oct 22nd 2002, 8:59 pm
#3
Guest
Posts: n/a
Re: us citizen adoption/name-changing of alien step-children
thanks, mr travel, that was a very thorough and helpful reply.
will definitely follow some of that up.
regards
-=-
scarlett
will definitely follow some of that up.
regards
-=-
scarlett
Oct 24th 2002, 3:13 pm
#4
Forum Regular
Joined: Mar 2001
Posts: 265
adoption
Hi,
just a note for what it is worth. I emigrated from the UK to the US when I was 10. My mom had divorced my real dad and married an American, (USAF retired) which is how we four children came into this country. My new "dad" legally adopted us, through a court process, 4 years later. Our adoption actually was helpful, because after he passed away my mom then collected monthly benefits for us children, from Social Security, VA and Civil Service. Also, it entitled us to continue to collect the benefits after we turned 18 until we finished college or age 22. So there are (or were) definite benefits for us being adopted. Your situation could be different but I thought my input could be helpful to you.
just a note for what it is worth. I emigrated from the UK to the US when I was 10. My mom had divorced my real dad and married an American, (USAF retired) which is how we four children came into this country. My new "dad" legally adopted us, through a court process, 4 years later. Our adoption actually was helpful, because after he passed away my mom then collected monthly benefits for us children, from Social Security, VA and Civil Service. Also, it entitled us to continue to collect the benefits after we turned 18 until we finished college or age 22. So there are (or were) definite benefits for us being adopted. Your situation could be different but I thought my input could be helpful to you.
