Question about bringing adopted child

[baron555 934]

My fiancee is presently the legally appointed trustee of an adopted little orphan boy (Father signed away rights before birth and mother has been killed).

She is presently processing the paperwork and applications for his formal adoption in Russia.

We just recieved our K-1 NOA2. We wonder what our options are if the adoption is not finalized before her interview.

Here are some of my thoughts and understandings. Please chime in with your experiences and comments.

1. We could delay the interview as long as possible and wait for the adoption to finalize and then all go to the interview. This would be the most proper method. He was listed in the I-129F.

2. She could have the interview and mark him for a K-2 To Follow. She then would come back when she has AP and finish the adoption and then apply for his interview (so to speak, he's only 2).

3. I understand that there is only a 12 month window to use the K-2 visa. The following are related to what are our options after that.

3a) I as USC could petition him with the I130 but I would have to wait until he was in my fiancee's legal custody for two years (this would include time in custody during the legal trusteeship and any adoption time). This would take about a year to process.

3b) She as LPR could petition him with same legal custody prior to filing on her own but this would take about 5 years to do.

So my main question is: Do you see any issue of me petitioning him with the I130 (if that is our only recourse) if he is my wife's legally adopted child?

Tnx in advance, Phil

[Gary and Alla 3,694]

My fiancee is presently the legally appointed trustee of an adopted little orphan boy (Father signed away rights before birth and mother has been killed).

She is presently processing the paperwork and applications for his formal adoption in Russia.

We just recieved our K-1 NOA2. We wonder what our options are if the adoption is not finalized before her interview.

Here are some of my thoughts and understandings. Please chime in with your experiences and comments.

1. We could delay the interview as long as possible and wait for the adoption to finalize and then all go to the interview. This would be the most proper method. He was listed in the I-129F.

2. She could have the interview and mark him for a K-2 To Follow. She then would come back when she has AP and finish the adoption and then apply for his interview (so to speak, he's only 2).

3. I understand that there is only a 12 month window to use the K-2 visa. The following are related to what are our options after that.

3a) I as USC could petition him with the I130 but I would have to wait until he was in my fiancee's legal custody for two years (this would include time in custody during the legal trusteeship and any adoption time). This would take about a year to process.

3b) She as LPR could petition him with same legal custody prior to filing on her own but this would take about 5 years to do.

So my main question is: Do you see any issue of me petitioning him with the I130 (if that is our only recourse) if he is my wife's legally adopted child?

Tnx in advance, Phil

Phil

Petitioning him with an I-130 could be done but can take a long time. The K-2, either initially or to follow, is so simple, easy and quick it would be a shame to let that opportunity pass by. How long will it be until he is officially adopted? If it will not be too long, you can delay the interview (you have four months with the petition approval and can get at least one 4 month extension) Then, of course, Alla's visa will be valid for 6 months. So a four month extension buys you 14 months total, PLUS up to one year for the K-2 to follow from when her visa is issued, so 20 months from now. Having done a K-2 to follow, I have to advise you go that route if at all possible. It may be possible, given that there is no objection to the adoption, to expedite the case? Maybe speak to Alla's attorney about that.

Also, if she is the court appointed guardian, would it be possible for the child to qualify for a K-2 now? I am not sure if he needs to be formally adopted or not. Have you emailed the consulate and asked?

If you go with option 2, you need to allow at least 3 months, and probably more like 4 months, before she would have an AP and be able to return, and that is if you get married right away and get everything filed within a week or two of her arrival. That is viable also and still takes advantage of the K-2 option, but what if court dates come up and she cannot attend? You two will know better about such things, but I would try anything I could to keep that K-2 option open as long as possible.