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Survivor Benefits if Child Adopted Internationally and Listed As "Resident Alien"

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  • 05-05-2009, 10:04 PM
    bdwirka
    Survivor Benefits if Child Adopted Internationally and Listed As "Resident Alien"
    My husband and I adopted our daughter internationally in 2002. Although she became a US citizen when she stepped foot on US soil due to the Child Citizenship Act of 2001 (?) we never applied for nor automatically received a Certificate of Citizenship. She does have a SSN with her American name, but she is still listed as a "permanent resident alien."

    We have re-adopted her in our state (Nebraska) and have legally changed her name and have been issued a Nebraska birth certificate.

    1) what do I need to do to get her citizenship status changed? Do I need to change her citizenship status?

    2) if something were to happen to either my husband and/or myself, would she be eligible for SS survivor benefits being listed as a resident alien?

    Thank you.
  • 05-08-2009, 06:46 AM
    Mr. Knowitall
    Re: Survivor Benefits if Child Adopted Internationally and Listed As "Resident Alien"
    So she entered on an IR-3 Visa? File form N-600.

    Is that last question a version of the joke, "Doctor, when my arm gets better, will I be able to play the piano?" ("Yes? That's wonderful. I could never play before!") Check your annual Social Security notice to see the benefits you are described as having earned for yourself, and for survivors.
  • 05-08-2009, 10:52 AM
    bdwirka
    Re: Survivor Benefits if Child Adopted Internationally and Listed As "Resident Alien"
    OK, I guess my REAL question is how can I prove citizenship without paying an extra $420 on top of all our other adoption expenses to get a COC. Personally, I think this is all really silly--I mean according to the law, my daughter IS a citizen. I just don't have anything to PROVE she is a citizen.

    I know I'll have to provide the SS office either a passport or a COC to change her permanent resident alien status to citizen.

    My second question is a burning question in my mind. I have 2 biological sons who would be able to get survivor benefits from SS should something happen to either of us. But if my daughter is a "permanent resident alien" would she qualify?

    Thanks,
    Beth
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