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You can't. Since you married an illegal, she and her daughter are not allowed on U.S. soil. Usually she would have to get a visa, and then go through the whole entire process of becoming a citizen. Once she has her visa, she is allowed to bring her daughter with her; you can adopt once your wife is a legal U.S. citizen and she is recognized here. The reason you cannot adopt her daughter now is because she is not a legal U.S. citizen also, which makes it illegal. I'm not sure about what the other laws about this stuff are in other countries or the country your wife is from, but maybe try there?

As stated by the law: A U.S. Citizen can get married to an illegal immigrant if the said illegal immigrant was duly inspected at a port of entry. As such, he/she must have a valid I-94, an entry stamp in his passport, a visa. This is just preliminary because the couple must have to subsequently prove to the U.S. Immigration that the marriage is genuine and was entered into not as a way to evade immigration regulations and laws.

And;

To qualify for citizenship, you must:

  1. Be a lawful permanent U.S. resident;
  2. Be 18 years of age or older;
  3. Be a permanent resident for not less than five years. (If a person obtained permanent residence through marriage to a U.S. citizen, they may be eligible for naturalization in three years if the couple has been married for 3 years, if the spouse was a citizen during that entire period, and if the couple are still living in marital unity);
  4. Have resided for not less than three months in the state where the petition was filed;
  5. Be physically present in the United States for at least one half of the five years (or one half of three if spouse is a citizen), with no absences longer than six months;
  6. Have resided continuously within the United States from the date the petition was filed to the time of admission to citizenship;
  7. Have been a person of good moral character for the five years of residence;
  8. Have an elementary level of reading and writing English. (Exceptions to this rule exist for persons over fifty, in the US for 20 years or more as a permanent resident; and for persons over 55 , in the US for 15 years as a permanent resident); and
  9. Have a basic knowledge of the fundamentals of U.S. government and history. (This requirement can be waived for people over 65 and have been permanent resident for 20 years.
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Q: A US citizen about to marry an illegal immigrant How can you adopt her 15 year old daughter in NC?
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