Dear egarr2006,
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1) I would need to know if a single not American Woman did adopt the boy,
and she married an American, would the American be able to adopt the boy?
The first thing you should know is that adoption regulations vary by
state. Even if most of the moral principles governing adoption are
uniform nationwide, they are applied differently from state to state.
Adoption law is largely state law. The parent-child
relationship established by adoption, however, may have
direct consequences in areas of Federal law affected by family
status such as Social Security. All 50 states have statutes
governing adoption as defined under the Uniform Adoption Act
(http://www.law.cornell.edu/uniform/vol9.html#adopt). The code
defines the process by which a legal parent-child relationship
is created between individuals without biological relation. In
some states, doctrines of "equitable adoption" allow courts to
recognize adoptions when not all statutory procedures have been
carried out.
Cornell Law School: Legal Information Institute: Adoption
http://www.law.cornell.edu/wex/index.php/Adoption
As far as I have been able to determine, an American citizen newly married
to an alien resident would be permitted to adopt the alien's adoptive
child. However, in order for the child to immigrate to the United States,
he or she must be under the age of 16 and in the custody of the adoptive
parents for at least two years.
An adopted child may enjoy immigration benefits based on the
adoption if:
1. The adoption occurs prior to the child's 16th birthday;
2. The adoptive parents [have had] legal custody of the
child for two years (before or after the adoption); and
3. The child had resided with the adoptive parent for
two years (before or after the adoption).
If the alien child is adopted in the U.S. before the child's
16th birthday, there is no problem to establish the relationship
between the adoptive parent(s) and the child. If the adoption is
outside the U.S., while full legal papers are available, there
should be no problem in establishing the relationship between
the adoptive parent(s) and the child. However, an adoption
unaccompanied by legal papers, such as a common law adoption,
may present a problem in establishing the relationship between
the adoptive parent(s) and the child.
Zhang & Associates: Adopted Children
http://www.hooyou.com/adoption/adoptedchild.html
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2)If the woman just wanted to get to America and get American Citizenship,
must she stay with the American for 4 years or not, before get divorced?
If an immigrant becomes a legal permanent resident of the United States
through marriage, and subsequently resides in the United States for
three years -- not four -- with her U.S. citizen spouse, she becomes
eligible for U.S. citizenship herself. Once she has become a citizen,
she is free to divorce without affecting her status.
To become a naturalized United States citizen, one must be [at
least] 18 years of age at the time of filing, a legal permanent
resident (LPR) of the United States, and have resided as a LPR in
the United States for five years less 90 days before they apply
(this requirement is reduced to three years less 90 days if they
(a) acquired legal permanent resident status through marriage
to a U.S. Citizen, and (b) have remained married to and living
with that citizen since their marriage).
Wikipedia: United States citizenship: Eligibility for naturalization
http://en.wikipedia.org/wiki/United_States_citizenship#Eligibility_for_naturalization
8.1)...When can I apply for United States citizenship?
A...As a spouse of a US Citizen, you can apply for citizenship 3
(three) years after approval of your Adjustment of Status. Back at
the AOS interview, your passport was stamped with the I-551 stamp
and a date. The 3 year countdown begins with that date. This 3
year period does not include long absences from the United States.
Visa Journey: Section 8.0....Naturalization (United States Citizenship)
http://www.visajourney.com/faq/k1k2visa-naturalization.html
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3) If a foreign woman married an American man and came to the United
States and then divorced before three years, can she return to her
country? and when?
Such a woman would be free to return to her country, but divorcing and
leaving before the end of the three-year period would disqualify her
from applying for U.S. citizenship on the basis of marriage.
The period of continuous residence in the United States must be
subsequent to lawful admission as a permanent resident and must
be for a period of at least five years (or three years where
the applicant's permanent residence was derived from marriage
to a U.S. citizen) preceding the filing of the application for
naturalization. Residency in the United States must also be
maintained from the time of filing of the application until the
time that the alien acquires U.S. citizenship.
Chang & Boos: U.S. Citizenship Acquired Through Naturalization
http://www.americanlaw.com/citnat.html
However, if the couple successfully applies for the removal of conditions
on the woman's permanent residence status within 90 days of the marriage's
second anniversary, the woman may temporarily leave the country without
losing her permanent resident status.
A lawful permanent resident is given the privilege of living and
working in the United States permanently. Your permanent residence
status will be conditional if it is based on a marriage that
was less than two years old on the day you were given permanent
residence. You are given conditional resident status on the day
you are lawfully admitted to the United States on an immigrant
visa or receive adjustment of status. Your permanent resident
status is conditional, because you must prove that you did not
get married to evade the immigration laws of the United States.
# You and your spouse must apply together to remove the
conditions on your residence. You should apply during the
90 days before your second anniversary as a conditional
resident. The expiration date on your alien registration
card (commonly know as green card) is also the date of
your second anniversary as a conditional resident. If
you do not apply to remove the conditions in time,
you could lose your conditional resident status and be
removed from the country.
# If you are no longer married to your spouse, or if
you have been battered or abused by your spouse, you
can apply to waive the joint filing requirement. In
such cases, you may apply to remove the conditions on
your permanent residence any time after you become a
conditional resident, but before you are removed from
the country.
U.S. Citizenship and Immigration Services: How Do I Remove the Conditions
on Permanent Residence Based on Marriage?
http://www.uscis.gov/graphics/howdoi/remcond.htm
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Regards,
leapinglizard
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