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Darnell

adopting chinese nephew

By Darnell in IR-1 / CR-1 Spouse Visa Process & Procedures

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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

My wife and I want to adopt her 12 year old nephew. We have his parents permission.

ME - USC

HER - PRC.

We married in China in January 2008. I am about to file the I-130 for her.

I am holding off a bit to seek this answer.

Can anyone suggest which/whose government regs to follow, and where to find them?

Thanks in advance !

Warmest Regards...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

pushbrk Grand Master

pushbrk   13,087

Posted
Filed: Other Country: China
 Timeline
Posted
My wife and I want to adopt her 12 year old nephew. We have his parents permission.

ME - USC

HER - PRC.

We married in China in January 2008. I am about to file the I-130 for her.

I am holding off a bit to seek this answer.

Can anyone suggest which/whose government regs to follow, and where to find them?

Thanks in advance !

Warmest Regards...

You have to look at the Chinese regulations first because the person you want to adopt is in China and a Chinese citizen. From what I've seen, it might work better if your wife adopts her nephew, perhaps before you file any petition. This is a question first for a Chinese attorney. China is more accomodating to adoption by its own citizens than to foreigners.

If successful, the child would need his own I-130 which you could only file if he were already your step-son. The problem I see is that I doubt he can become your step-son because he was not your wife's son when you married.

My best guess is you are not going to be successful in this venture but start in China. Concurrently check on the step-child relationship issue on the US side.

The two of you together are not going to be able to adopt him while he's in China.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted
My wife and I want to adopt her 12 year old nephew. We have his parents permission.

ME - USC

HER - PRC.

We married in China in January 2008. I am about to file the I-130 for her.

I am holding off a bit to seek this answer.

Can anyone suggest which/whose government regs to follow, and where to find them?

Thanks in advance !

Warmest Regards...

You have to look at the Chinese regulations first because the person you want to adopt is in China and a Chinese citizen. From what I've seen, it might work better if your wife adopts her nephew, perhaps before you file any petition. This is a question first for a Chinese attorney. China is more accomodating to adoption by its own citizens than to foreigners.

If successful, the child would need his own I-130 which you could only file if he were already your step-son. The problem I see is that I doubt he can become your step-son because he was not your wife's son when you married.

My best guess is you are not going to be successful in this venture but start in China. Concurrently check on the step-child relationship issue on the US side.

The two of you together are not going to be able to adopt him while he's in China.

Thanks. I was just studying an answer to a similar post from 07 here too. Answer looks pretty grim at this stage.

I'll ask her to look into HER adopting him solely, first, then have him attached on CR-2. This will be strange ride, indeed.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

pushbrk Grand Master

pushbrk   13,087

Posted
Filed: Other Country: China
 Timeline
Posted
My wife and I want to adopt her 12 year old nephew. We have his parents permission.

ME - USC

HER - PRC.

We married in China in January 2008. I am about to file the I-130 for her.

I am holding off a bit to seek this answer.

Can anyone suggest which/whose government regs to follow, and where to find them?

Thanks in advance !

Warmest Regards...

You have to look at the Chinese regulations first because the person you want to adopt is in China and a Chinese citizen. From what I've seen, it might work better if your wife adopts her nephew, perhaps before you file any petition. This is a question first for a Chinese attorney. China is more accomodating to adoption by its own citizens than to foreigners.

If successful, the child would need his own I-130 which you could only file if he were already your step-son. The problem I see is that I doubt he can become your step-son because he was not your wife's son when you married.

My best guess is you are not going to be successful in this venture but start in China. Concurrently check on the step-child relationship issue on the US side.

The two of you together are not going to be able to adopt him while he's in China.

Thanks. I was just studying an answer to a similar post from 07 here too. Answer looks pretty grim at this stage.

I'll ask her to look into HER adopting him solely, first, then have him attached on CR-2. This will be strange ride, indeed.

You'll need to check on the step-child issue too.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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BMJ Explorer

BMJ   0

Posted
Filed: Country: United Kingdom
 Timeline
Posted

I found a few links for you, maybe these will help?

http://www.novexcn.com/adoption_law_91.html

http://immigration.lawyers.com/ask-a-lawye...ssues-6905.html

http://www.hooyou.com/adoption/faq.html

Sorry I could not find more information. I will keep my eyes open and if I come across more I will add it.

I hope you find the answers you are looking for

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : London UK

I-129F Sent : 2008-02-08

I-129F NOA1 : 2008-02-11

*Touched* : 2008-07-17

*Touched* : 2008-07-18

*Touched* : 2008-07-23

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : Website says its been APPROVED!!! 2008-07-31

NOA2 recieved in mail: 2008-08-07

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date : October 9th APPROVED!!!

Visa Received : October 11th

US Entry : October 11th

Marriage :October 15th

Mononoke28 Grand Master

Mononoke28   135

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Interesting, I just read a similar post about a VJ member who wanted to adopt his wife's niece but said their chances were slim to none. Since the nephew still has both parents alive, you'd have to live with him in China for two years. The other only way would be if both his parents were terminally ill. Other than that, you can't adopt him.

You can go HERE to read more about it.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted
Interesting, I just read a similar post about a VJ member who wanted to adopt his wife's niece but said their chances were slim to none. Since the nephew still has both parents alive, you'd have to live with him in China for two years. The other only way would be if both his parents were terminally ill. Other than that, you can't adopt him.

You can go HERE to read more about it.

Diana

Diana -

THanks. I had read the same entry.

A 2 year stay for me isn't out of the question.

I am also thinking INSTEAD for a private school for him for an I-20 visa.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Well, this is getting strange.

Is possibility he can come over on I-20 visa for school and live with us. If he lives with us for a period of 2 years in the usa, then i can legally adopt him in the usa. at least that's how i'm reading 'the regs'.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted
I found a few links for you, maybe these will help?

http://www.novexcn.com/adoption_law_91.html

http://immigration.lawyers.com/ask-a-lawye...ssues-6905.html

http://www.hooyou.com/adoption/faq.html

Sorry I could not find more information. I will keep my eyes open and if I come across more I will add it.

I hope you find the answers you are looking for

Thank You BMJ. I have studied those three sites, and talked with 3 immigration attornies.

What now SEEMS possible is that I get a private school to file a I-20 visa for him, and my wfe and I become his sponsers in the usa. Then after 2 years of living with us in usa, we can legally adopt him. I've talked with a private school in houston who will be able to file an i-20 petition, so hope rises from a pile of dust. I'll keep y'all informed - I prolly won't post here again for a year or so.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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