Q: A complex situation for my K2 stepdaughter soon to be my adopted daughter. What are my next steps?
Her: K2, entry July 6, 2016. I-551 CR2 received June 15, 2017. I-751 submitted and receipt obtained with 18 month extension on original I-551 until 12/15/2020. Has SSN and permission to travel/work.
Her mom (my wife): Same details except K1/CR1.
Me: Native Texan.
Family. All living together in Denton County.
Adoption did NOT occur in her home country. Adoption will complete in Denton County before end of 2019.
She wants to change her name.
Complications:
1. Is she qualified for CCA 2000 and subsequent N-600? Seems to me she is. Others say she must be adopted 2 years before CCA kicks in but I cannot find this text in the Act.
2. Law says her I-551 must have current name. I-90 says we CANNOT use that form if original I-551 expires in 90 days. It's expired (but see above for legal extension). I-90 also says use i-751 but (a) we've already filed that and (b) it isn't for name changes. So how do we inform USCIS of her name change after adoption?
A:
1. The child has to be living with the adopted parent for two years. The law doesn’t say that this time frame has to happen before or after the adoption takes place
2. If her name changes before the I-751 is approved, send a copy of the name change to USCIS to show them along with a copy of the I-751 receipt notice.
You don’t say how old your daughter is, but it looks like your wife is eligible to apply for citizenship. If your daughter is under 18 when your wife becomes a USC, your daughter will become one automatically.
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