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My Wife is Adopted. i need advice on AOS

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  • My Wife is Adopted. i need advice on AOS

    Glad to find a forum like this where people take thier precious time to help others .Thanks guys ,God bless.
    I am a F1 student since 2008 and i have been in status till i had financial problems to pay for my school fees for last semester. so the school terminated my F1 status and told me i have 5 most to appeal, with ends Aug 12 2011.However i have had a relationship for about 8 months now and we have been living together in my place for over 3 months and we finally got married last week .
    A little about my wife: she was adopted from ophanage home abroad by US citizen parents, since she was 3 years old , now she is 23 years old. she has a baby,and neither of us is working now.and for now we both living on assistance from relative here and abroad.
    My question is , what document will my wife needs to file for my AOS (adjust of status), she does not have her certificate of citizenship yet but she has her document of her adoption signed my a judge in Maryland. will that document be enough to prove her citizenship ? Also how soon can we apply for the AOS? .should it be before i fall out of status in Aug 12 .or should i just wait a little longer than the date in other not to make me seems too desperate to the I. Officers. For now we putting our document of proof of marriage together.


    thanks

  • #2
    Citizenship

    No she will have to apply to USCIS for citizenship certificate of which she is qualify for based on her adoption at the age of 3years. It is unfortunate that her adoptive parents did not apply for a US passport for her as a child , she will have to do the leg work herself. She will need documentations of her adoption, where, when and how long she has been in the US and possibly her birth certificate if available.

    You are not qualify yet for any benefit untill she can prove her citizenship or LPR/GC. Concerning your status it will be preferable to put in your AOS before you go out of status, however if this is not possible your status or out of it, is moot as long as you are married to a US Citizen( marriage must be viable and be in good faith). USCIS will pardon your out of status as long as you are eligible to AOS and you are not excludable and can prove that you were inspected and paroled into the US.

    lionofafrica.
    Last edited by lionofafrica; 07-17-2011, 06:19 PM.

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    • #3
      my wife

      Big Thanks to you lionofafrica, in addition to my wifes documents , she has a Maryland issued birth certificate, but (non proof of citizenship) print is stamped on her Birth Certificate. So one adviced us that , her Birth Certificate along with her adoption document could prove her citizenship ..She also has a voters card all issued in maryland.




      Originally posted by lionofafrica View Post
      No she will have to apply to USCIS for citizenship certificate of which she is qualify for based on her adoption at the age of 3years. It is unfortunate that her adoptive parents did not apply for a US passport for her as a child , she will have to do the leg work herself. She will need documentations of her adoption, where, when and how long she has been in the US and possibly her birth certificate if available.

      You are not qualify yet for any benefit untill she can prove her citizenship or LPR/GC. Concerning your status it will be preferable to put in your AOS before you go out of status, however if this is not possible your status or out of it, is moot as long as you are married to a US Citizen( marriage must be viable and be in good faith). USCIS will pardon your out of status as long as you are eligible to AOS and you are not excludable and can prove that you were inspected and paroled into the US.

      lionofafrica.

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      • #4
        Bc

        That is all you need if she has an authentic BC( Birth Certificate), she can either apply for a US Passport and use the passport as an evidence of citizenship( I prefer this) or she can use her MD BC as evidence of Citizenship. Whatevever the case you can go ahead and apply for your AOS.

        Goodluck'
        Lionofafrica

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        • #5
          Thanks guys

          Thanks guys I found a very helpful information on gov site . That says all adopted children under 18 years on feb 27 2001 gets authomatic citizenship . even without applying for passport or certificate of citizenship. All they need is to meet certain requirements. Here is the link can be helpful to others too . Am really happy to find the info

          CHILD CITIZENSHIP ACT OF 2000

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