Почему?
S odnoi storony, step-child - eto natural’nyi rebenok supruga. Natural’nyi - eto tot, kotoryi schitalsia rebenkom pri rojdenii, ne priemnyi.
9 FAM 40.1 N2.2 Stepchild Relationship Under INA 101(b)(1)(B)
(CT:VISA-826; 07-20-2006)
The provisions of INA 101(b)(1)(B) provide for the creation of a step-relationship between the natural offspring (whether or not born out of wedlock) of a parent and that parent‟s spouse. Such step relationship is created as a result of the marriage of the offspring‟s natural parent to a spouse and must be based on a marriage that is or was valid for all purposes, including immigration purposes. The offspring must be or have been under the age of 18 at the time the marriage takes place in order to acquire the benefits as a child under INA 101(b)(1)(B). No previous meeting of the offspring and the new parent is required. In addition, if the marriage between the natural parent and stepparent is still in effect (i.e., the marriage has not been terminated by divorce or by death of the natural parent), there is no requirement that an emotional relationship exist between the stepchild and stepparent.
S drugi storony, adopted child odnogo supruga ne iavliaetsia adopted rebenkom drugogo avtomaticheski, lish’ na osnovanii togo chto on adpoted child pervogo.
9 FAM 40.1 N2.4 Adoption
9 FAM 40.1 N2.4-1 Qualification of Adopted Child Under INA 101(b)(1)(E)
(CT:VISA-1000; 09-03-2008)
a. In order to qualify as an adopted child under INA 101(b)(1)(E), a child must have been:
(1) Legally adopted while under the age of 16 years (or under the age of 18, if this is the sibling of a child adopted under 16 who meets the requirements of 101(b)(1)(E)); and
(2) In the legal custody of, and resided with, the adoptive parents for at least two years: provided, that no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status.
b. The legal custody requirement may be fulfilled either prior to or after the child‟s adoption. Legal custody is deemed official at the time the adopting parents are awarded custody of the child rather than on the date the adoption becomes final. If custody did not exist prior to adoption, a certified copy of the adoption decree constitutes proof of the custody requirement at least from the date on which it was issued.
c. The period of residence for which the adoptive parents and child have lived together must be:
(1) At least two years, prior to or after the adoption; the time frame in which the two years are accrued need not be continuous;
(2) The petitioning adoptive parents must have exercised primary parental control during the period in which they seek to establish compliance with the statutory two-year residence requirement:
(a) The adoptive parents must have evidence of control, especially in cases where the adopted child resided or continues to reside in the same household with the natural parents; and
(b) The evidence may include competent, objective evidence that the adoptive parents have provided or are providing financial support and day-to-day care, and have assumed the responsibility for important decisions in the child‟s life.
d. A child adopted under the provisions of INA 101(b)(1)(E) is precluded
from bestowing any benefit or privilege or status to the natural parents because of such parentage.
- NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and step-children who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you.
Trebuetsia vkliuchat’ vashih natural’nyh detei, vashih step-detei i vashih adopted detei. Adopted deti vashego supruga ne popadaiut v spisok.
Takim obrazom, esli u vashego supruga est’ usynovlennyi rebenok, nikakoi konkretnyi punkt instrukcii ne trebuet ot vas vkliuchit’ etogo rebenka v vashu zaiavku. Dlia vas on ne stepchild i ne adopted child. U vas net osnovanii vkliuchat’ ego v svoiu zaiavku, a u nego net osnovanii poluchat’ vizu esli vy vyigraete.
Otdel’nyi vopros esli vy vyigrali ispol’zuiu stranu supruga. Togda vy oba principal applicants i mojet okazat’sia, chto usynovlennyi rebenok supruga mojet ehat’ s vashim suprugom, hotia i ne mojet ehat’ s vami. Ia tochno ne znaiu, no poprobuiu uznat’. S drugoi storony, kraine somnitel’no chto rebenok mojet poluchit’ vizu esli on ne vkliuchen v zaiavku. Eto ia po primeru detei-grajdan i detei-GC holderov, kotorye mogut poluchit’ vizu lish’ esli vkliucheny v zaiavku. Ia suscestvennyh otlichii ne viju ot situacii s det’mi-grajdanami ili GC holderami.