My husband has a two year son who resides with him in Jamaica, and I live in the US. I am their sole source of financial support and intend on adopting the little boy. I will be filing for citizenship in 2009. My questions are these: Should I begin the adoption process now (in time for citizenship), once this goes through how would the 2 year residency requirement affect us? Or Would it be better to just file as a step parent after becoming a citizen?

What is your husband's status and where is he? If you are thinking of filing petition to get him to US, the child can be added together at the same time.

Please provide more details.

My husband is living in Jamaica and is ineligible to return to the US. He lived here before and was deported.

My husband is living in Jamaica and is ineligible to return to the US. He lived here before and was deported.

If your husband is not in US with you, you cannot petition for stepchild. What you need to do is get an experienced immigration attorney to help getting your husband back to US. His son can be added in the petition after the waiver is approved.

My husband is ineligible for admission to the US, I know a waiver will not be granted.. Can I adopt his son and then file for him? If so what about that two year living together requirement? Or can I just try and apply for a visiters visa for him? This would be for him to be able to visit with me. Or Get a student visa for him? I do travel to Jamaica every 3
Months or so.

My husband is ineligible for admission to the US, I know a waiver will not be granted.. Can I go ahead and adopt his son and then file for him? If so what about that two year living together requirement? Or can I just try and apply for a visiters visa for him? this would be for him to be able to visit with me. or Get a student visa for him? I do travel to Jamaica every 3
months or so.


Adoption through UCIS is not that easy because the child is not an orphan.

First, you need to have sufficient proofs that you have been contacting and supporting this child emotionally, financially, etc. for at least 2 years before you can file a petition to bring him to US.

Second, by the time you file a petition, he must be under 16 years of age.

From his situation, I don't think he will be able to obtain visitor's visa to US. If you just want to see him once in a while, it would be easier if you just go to Jamaica.