Citizenship for Adopted Child Abroad

[Patrick McMahon]

I am 50 yr US citizen who has been abroad for the past seven years. I currently live in Hong Kong and am married to a Chinese (mainland) woman.

I recently adopted my stepson (her biological son), who is 11, in Hong Kong. He was born in New Zealand. He has been under my (our) custody for close to three years.

I would like get him US citizenship. I was told by USCIS to use form I-130, but I read on your on this site that if one can prove two years custody (which I can), that I could use form N-600K and process it while in the States.

Here's the link:

https://www.immihelp.com/child-citizenship-act/

Any ideas of how I can navigate this process?

Thanks.

[rayb]

You can go either way, with an I-130 or with an N-600.

If you try the N-600 route, however, you must get the child into the U.S. with a visitor visa, which may be problematic.

The I-130 is your best bet, as he comes in as your stepson, and his adopted status may later serve as a basis for his claiming U.S. citizenship.

The irony, however, is that when you petition him as your "adopted' stepson, the burden of evidence, to prove completed adoption, is greater than if you had not adopted him and just petitioned him as your stepson.

--Ray B

I am 50 yr US citizen who has been abroad for the past seven years. I currently live in Hong Kong and am married to a Chinese (mainland) woman.

I recently adopted my stepson (her biological son), who is 11, in Hong Kong. He was born in New Zealand. He has been under my (our) custody for close to three years.

I would like get him US citizenship. I was told by USCIS to use form I-130, but I read on your on this site that if one can prove two years custody (which I can), that I could use form N-600K and process it while in the States.

Here's the link:

https://www.immihelp.com/child-citizenship-act/

Any ideas of how I can navigate this process?

Thanks.

[Patrick McMahon]

You can go either way, with an I-130 or with an N-600.

If you try the N-600 route, however, you must get the child into the U.S. with a visitor visa, which may be problematic.

The I-130 is your best bet, as he comes in as your stepson, and his adopted status may later serve as a basis for his claiming U.S. citizenship.

The irony, however, is that when you petition him as your "adopted' stepson, the burden of evidence, to prove completed adoption, is greater than if you had not adopted him and just petitioned him as your stepson.

--Ray B

Thanks for the quick response. A few questions to your reply:

"If you try the N-600 route, however, you must get the child into the U.S. with a visitor visa, which may be problematic."
My son (formerly stepson) has a New Zealand passport. Can't he enter the US on a visitor without a visa under the Visa Waiver Program?


"The I-130 is your best bet, as he comes in as your stepson, and his adopted status may later serve as a basis for his claiming U.S. citizenship."
I formally adopted him in Hong Kong and thus have a legal document. Are you saying I have the option to bring him to States w/ I-130 as "a stepson," even though the adoption has already occurred? And this may be easier?

Thanks again Ray B!

[rayb]

The child could enter the U.S. as a "visa waiver" status entrant, and that serves the same purpose as being in the U.S. legally for citizenship claim (using the N-600).

--Ray B

Thanks for the quick response. A few questions to your reply:

"If you try the N-600 route, however, you must get the child into the U.S. with a visitor visa, which may be problematic."
My son (formerly stepson) has a New Zealand passport. Can't he enter the US on a visitor without a visa under the Visa Waiver Program?


"The I-130 is your best bet, as he comes in as your stepson, and his adopted status may later serve as a basis for his claiming U.S. citizenship."
I formally adopted him in Hong Kong and thus have a legal document. Are you saying I have the option to bring him to States w/ I-130 as "a stepson," even though the adoption has already occurred? And this may be easier?

Thanks again Ray B!

[Patrick McMahon]

The child could enter the U.S. as a "visa waiver" status entrant, and that serves the same purpose as being in the U.S. legally for citizenship claim (using the N-600).

--Ray B

Thanks again Ray B. After I asked that last question, I Googled the ESTA (VWP) and saw this:

These are some examples of activities not permitted on the VWP and require visas for travel to the United States:

-study, for credit
-employment
-work as foreign press, radio, film, journalists, or other information media
-permanent residence in the United States

Would the last point refer to a citizenship claim?

Thanks again.

[rayb]

Actually, the point on your citation is not borne out by one exception allowed. Conversion to Permanent Resident status when petitioned by a U.S. citizen is allowed for VWP entrants.

On the other hand, I cannot say with absolute certainty that a VWP entrant can apply for citizenship recognition using the N-600. On the other hand, however, when entering with a B2 visa, one can apply for the citizenship certificate using the N-600 procedure.


--Ray B

Thanks again Ray B. After I asked that last question, I Googled the ESTA (VWP) and saw this:

These are some examples of activities not permitted on the VWP and require visas for travel to the United States:

-study, for credit
-employment
-work as foreign press, radio, film, journalists, or other information media
-permanent residence in the United States

Would the last point refer to a citizenship claim?

Thanks again.

[Patrick McMahon]

Follow-up

Actually, the point on your citation is not borne out by one exception allowed. Conversion to Permanent Resident status when petitioned by a U.S. citizen is allowed for VWP entrants.

On the other hand, I cannot say with absolute certainty that a VWP entrant can apply for citizenship recognition using the N-600. On the other hand, however, when entering with a B2 visa, one can apply for the citizenship certificate using the N-600 procedure.


--Ray B

Hi Ray B,

A quick follow up: I am about to fill out the proper paperwork for my adopted stepson. In the past thread, you mentioned the N-600. But I believe it should be the N-600K. Am I mistaken? Also, the most recent form has expired 5/31/2015. Is there a new form floating out there that I couldn't find or a new procedure?

Thank you.

[rayb]

Patrick,

There are very specific uses for the N-600 and /or the N-600K.

To give you a better answer, please answer the following:

1. Is your adopted son now in the U.S. or outside the U.S.?
2. If in the U.S., with what visa type did he enter?

--Ray B

Hi Ray B,

A quick follow up: I am about to fill out the proper paperwork for my adopted stepson. In the past thread, you mentioned the N-600. But I believe it should be the N-600K. Am I mistaken? Also, the most recent form has expired 5/31/2015. Is there a new form floating out there that I couldn't find or a new procedure?

Thank you.

[Patrick McMahon]

Adoption/US Citizenship

Patrick,

There are very specific uses for the N-600 and /or the N-600K.

To give you a better answer, please answer the following:

1. Is your adopted son now in the U.S. or outside the U.S.?
2. If in the U.S., with what visa type did he enter?

--Ray B

Ray B,

Thanks for your quick reply.

1. My son is currently in Hong Kong.
2. He will arrive in the States with me on the New Zealand visa waiver (VWP) this summer. I believe you mentioned a B2 visa may be a better option to ensure a successful process.

Pat

[rayb]

I'll get back to you tomorrow, as I want to check with a couple of people who have done this before.

--RayB

Ray B,

Thanks for your quick reply.

1. My son is currently in Hong Kong.
2. He will arrive in the States with me on the New Zealand visa waiver (VWP) this summer. I believe you mentioned a B2 visa may be a better option to ensure a successful process.

Pat

[Patrick McMahon]

I'll get back to you tomorrow, as I want to check with a couple of people who have done this before.

--RayB

Thanks Ray.

[rayb]

Entry on a VWP should meet the requirement of "legally present in the U.S." to apply with N-600K for a Citizenship Certificate, if the child meets all other requirements (age under 18, parent's citizenship status, etc.).

--Ray B

Thanks Ray.

[Patrick McMahon]

Entry on a VWP should meet the requirement of "legally present in the U.S." to apply with N-600K for a Citizenship Certificate, if the child meets all other requirements (age under 18, parent's citizenship status, etc.).

--Ray B

Thanks again Ray.

[Patrick McMahon]

Guangzhou USA Embassy

I am 50 yr US citizen who has been abroad for the past seven years. I currently live in Hong Kong and am married to a Chinese (mainland) woman.

I recently adopted my stepson (her biological son), who is 11, in Hong Kong. He was born in New Zealand. He has been under my (our) custody for close to three years.

I would like get him US citizenship. I was told by USCIS to use form I-130, but I read on your on this site that if one can prove two years custody (which I can), that I could use form N-600K and process it while in the States.

Here's the link:

https://www.immihelp.com/child-citizenship-act/

Any ideas of how I can navigate this process?

Thanks.

Can one complete this process through a US Embassy? We are based in Hong Kong but are close to a US Guangzhou embassy. We won't be returning to the States until the summer. Any idea?

Thank you!

[rayb]

Patrick,

The I-130 is to get him to the U.S. as an immigrant. Once in the U.S., as an immigrant or as a visitor, the N600K would be used to apply for his citizenship certificate. If you are residing in HK, he would be processed in HK. Guangzhou is used for visa processing if you are residing in Mainland China.

-Ray B

Can one complete this process through a US Embassy? We are based in Hong Kong but are close to a US Guangzhou embassy. We won't be returning to the States until the summer. Any idea?

Thank you!