Information Concerning US Citizen
Adopting K2 IR2 CR2 Child Beneficiary
About US Citizen Adopting K2 IR2 CR2 Child Beneficiary
Today, we give information concerning a US Citizen Adopting K2 IR2 CR2 Child Beneficiary. In other words, we discuss adopting a foreign stepchild or alien stepchild in the US. The K-2, IR-2 and CR-2 children are step children of the US citizen after your marriage.
Incidentally, let’s first discuss what we mean by K2 IR2 CR2 Child Beneficiary.
A K-2 visa allows children of a K-1 Fiance Visa holder to enter into the United States on a non-immigrant visa until becoming a US lawful permanent resident (LPR). For more information on filing for a K-2 Visa, see our blog post, K2 Visa I129F Guide Including Next Steps.
There are requirements to be eligible for a K-2 non-immigrant visa. The child must be an unmarried child of the K-1 applicant and under 21 years of age. The child may enter the US on the K-2 visa at the same time as the parent. Alternatively, the child may “Follow to Join” up to one year later.
After the beneficiary (child’s parent) marries the petitioner (US citizen), both the child’s parent and the child apply for Adjustment of Status in order to become a LPR. However, there are issues if the parent does not marry the US citizen petitioner within 90 days. In this case, both the beneficiary parent and child must leave the US.
An IR-2 and CR-2 visa allows children of an IR-1 or CR-1 Spouse Visa holder to enter into the United States on an immigrant visa. As soon as the until becoming a US lawful permanent resident (LPR). An IR-1 visa is for those married for 2 years or more. Alternatively, a CR-1 visa is for those married less than 2 years.
For more information on filing for an IR-2 or CR-2, see our blog post, Form I-130 Checklist IR-2 CR-2 Beneficiary Spouse Children.
There are requirements to be eligible for an IR-2 or CR-2 immigrant visa. The child must be under 18 years old at the time that the US citizen and parent marry. In addition, the child must be unmarried and under 21 years of age at the time of submission of the petition.
The child enters the US on the K-2 visa at the same time or later than the parent. As soon as the child enters the US, he or she becomes a LPR. As a result, the child’s green card comes within a few weeks after entry.
To return to the subject, we discuss topics concerning US Citizen Adopting K2 IR2 CR2 Child Beneficiary. We base the adoption topics that we present herein on questions that people ask the most. In fact, this is from our Facebook Visa Discussion Group and other support groups where I have a membership.
Specifically, we discuss the following adoption topics in this post:
- Is adoption a requirement to get a K-2 Visa or IR-2/CR-2 Visa?
- Can I adopt the child in his or her foreign country?
- How to adopt the child in the US.
- Naturalization and citizenship after adoption
- Dual citizenship
Is Adoption A Requirement To Get A K-2 Visa Or IR-2/CR-2 Visa?
To be brief, no.
Adoption of the beneficiary’s children by the petitioner is not a requirement to obtain a K-2 visa or IR-2/CR-2 visa. In fact, if you adopt the child abroad, you cannot do a K-2 visa or IR-2/CR-2 visa for the child. For this purpose, the requirement is to do an IR-3 visa for the child.
For a K-2 visa, include the beneficiary’s child on the parent’s I-129F, Petition for Alien Fiance. However, as we mention above, the child must meet the requirements for a K-2 visa with regard to age and no marriage. In fact, this is done without the US citizen adopting the child. For the purpose of doing the K-2 visa properly, see our blog post, K2 Visa I129F Guide Including Next Steps.
For an IR-2/CR-2 visa, the US citizen petitioner files a separate I-130, Petition for Alien Relative for hs or her step-child. However, as we mention above, the child must meet the requirements for a K-2 visa with regard to age and no marriage. For the purpose of doing the IR-2/CR-2 visa properly, see our blog post, Form I 130 Checklist IR-2 CR-2 Beneficiary Spouse Children.
Moreover, K-2 and IR-2/CR-2 visa applicants can have a different last name than the US petitioner and even the beneficiary parent. For more information about children with different last names, see our blog post, K2 IR2 CR2 Visa Children With Different Last Name Than Primary Beneficiary.
Can I Adopt The Child In His Or Her Foreign Country?
In most cases, you can adopt your fiance’s or spouse’s child in their foreign country. For this purpose, you must follow the laws and procedures of the foreign country. Therefore, it is best if you hire an attorney that is within the country. Alternatively, an attorney in the US that specifically deals with adoptions with the specific country.
However, this is typically not the best option to take. As we above, it is not a requirement to adopt in order to obtain a K-2 visa or IR-2/CR-2 visa of the beneficiary’s children. In fact, if you adopt the child abroad, then you cannot us a K-2 or IR-2/CR-2 visa.
In this case, the child must come on an IR-3 visa. An IR-3 visa is specifically for a child adopted abroad by a US citizen.
The positive point of an IR-3 visa is that the child becomes as US citizen upon entry to the US. The child’s citizenship is acquired through the Child Citizenship Act of 2000. Under the Child Citizenship Act, if you adopt a foreign child abroad, they automatically acquire U.S. citizenship if:
- At least one parent of the child is a U.S. citizen;
- The child is under the age of 18;
- The child is admitted to the United States as an immigrant for lawful permanent residence; and
- The adoption is final.
The main negative point for adoption abroad is this usually takes significantly longer. To explain, its longer to go through the adoption and IR-3 visa process than the a K-2 visa or IR-2/CR-2 visa process. Also, there are usually significant red tape, costs and custody issues to face when adopting in a foreign country.
In addition, this option does not give the child and the US citizen time to bond together before agreeing on adoption.
How To Adopt The Alien Child In The US
Therefore, the best course of action is usually to get a K-2 visa or IR-2/CR-2 visa for the beneficiary’s children. Then, bring the children to the US with their parent to become a lawful permanent resident. Alternatively, have them “Follow to Join”.
Eventually, if the situation and time is right, adopt the child or children in the United States.
Adopting the children of the beneficiary after coming to the US is typically easier and less costly than in a foreign country.
In addition, the child typically arrives in the US faster on a K-2 visa as a child of the main beneficiary or IR-2/CR-2 visa as a step-child.
Each State has its own laws, regulations and procedures for adoption. As a result, the Federal government has no jurisdiction with adoption. The jurisdiction for adoptions also vary by States. In some States, adoptions are done in family or probate court. However, in others, adoptions are done in juvenile court. Therefore, find out where is the adoption jurisdiction in your State.
The laws and procedures for adoption vary from one state to the next. Therefore, research and fully understand the laws in your state. For example, some states require living together for a certain period of time prior to adopting. For many states, this is at least a one year period. In addition, each State varies on the requirement for consent to adoption from the other biological parent.
However, this is usually a good thing as it gives time for the child and US citizen and stepchild to bond together. Moreover, it give time to see if the adoption is right for both.
Also, rules tend to vary for how and when a child may contact his or her birth parent. You also will need to access the appropriate adoption forms for your state.
Adoptions are complicated matters. As a result, it is advisable to consult a family attorney for a US adoption.
Naturalization And Citizenship After Adoption
How Citizenship is Gained for Foreign Stepchild Adoption
If you adopt the child within the US, they also fall under the Child Citizenship Act of 2000. Under the CCA, if you adopt an alien child within the US, they automatically acquire U.S. citizenship if:
- At least one parent of the child is a U.S. citizen;
- The child is under the age of 18;
- The child is a Lawful Permanent Residence (LPR); and
- The adoption is final.
IR-2 and CR-2 children gain LPR upon entry. However, K-2 children gain LPR only after their adjustment of status is complete. Therefore, the US citizen can adopt the child as soon as they are a LPR and meet the State’s waiting time.
However, the US citizen’s spouse beneficiary must still live in the US for 3 years before applying for citizenship. Therefore, the child might be able to become a US citizen before the US Citizen’s alien spouse.
Proof of Citizenship
The child receives a new birth certificate from their State. Also, the birth certificate can be issued in the new father’s surname. However, the new birth certificate is not a means to prove US citizenship. The two documents available to prove US citizenship in this case are:
- US Passport
- Certificate of Citizenship (COC)
Also, as soon as the adoption is final, the child may apply to obtain a US passport for use and proof of US citizenship.
In addition, you can apply for COC for the new US citizen child. For this purpose, file Form N-600 with USCIS. The COC is not mandatory to obtain. In fact, it is an optional form. However, it is in the best interest to the child in the long run to obtain one. This is due to the fact that certain government benefits require a COC including:
- Social Security benefits
- State issued ID including a Driver’s License or Learning Permit
- Financial Aid
- Passport Renewal
Dual citizenship is also typically an option for the new US citizen child.
As a result, the child may be able to get both a US passport and a passport from their foreign country. In addition, these passports may be able to be issued in the child’s new last name.
For this purpose, follow the laws and requirements of the foreign government for obtaining dual citizenship. In addition, follow the foreign country’s requirements for updating the child’s foreign passport.
Information on dual citizenship and passport revisions is typically found on the embassy website of the foreign country. Alternatively, contact the embassy for the foreign country by telephone or email for more information.
In addition, passport changes are typically available by going to the foreign embassy or consulate in the US. Again, check their website to find out information on how to update or renew a passport based on adoption in the US.
For example, for my stepson’s country of the Philippines, they allow dual citizenship. In addition, the Philippines allows a passport change based on adoption in the US. However, in order to approve the name change on the Filipino passport, there are certain procedures to do first. These procedures include:
- Applying for a new birth certificate through the Philippine Statistical Authority (PSA),
- Bring the new PSA birth certificate to the Department of Foreign Affairs (DFA) or Philippine Embassy in the US to obtain the new passport.
In order to get a new PSA birth certificate, you must submit the PSA form requirements, the new US birth certificate and the US adoption papers.
While all attempts are made to present correct information, it may not be appropriate for your specific circumstances. Also, information may become outdated.
LoveVisaLife does not provide legal advice and nothing contained herein shall be construed as legal advice. We are only providing an examples and educational information. The full contents of LoveVisaLife.com is for informational purposes only. This includes text, comments, graphics, images, videos and other content contained on this site. For this reason, if you need legal advice, you should contact an attorney. Accordingly, we do not intend for the contents to be a substitute for professional legal advice.