Adoption in China

[zackmanx7 0]

Hello

If I adopt my wife's son who has no father. If the adoption papers show I have all rights

of a natural born child, does he get derivative status?

Wife Has interview June 1, 2010 for CR1 Visa

[pushbrk 12,898]

Hello

If I adopt my wife's son who has no father. If the adoption papers show I have all rights

of a natural born child, does he get derivative status?

Wife Has interview June 1, 2010 for CR1 Visa

No. He's your stepson, adoption or not. You file an I-130 for the stepson for the purpose of obtaining his own CR2 visa. There is no derivative status in a CR1 case. If you didn't file an I-130 for him, unless you want to leave him behind to follow later, you'll want to delay his mother's visa interview until they can obtain both visas together.

[zackmanx7 0]

No. He's your stepson, adoption or not. You file an I-130 for the stepson for the purpose of obtaining his own CR2 visa. There is no derivative status in a CR1 case. If you didn't file an I-130 for him, unless you want to leave him behind to follow later, you'll want to delay his mother's visa interview until they can obtain both visas together.

Thanks for the reply,

Are you sure about the delay? I called the National Visa Center today and they were very adamant about telling not to delay my wife's interview. I know the 6 months rule, this is our quandary. I want to delay so both can receive their visa at the same time.

[Darnell 8,478]

Oh Man.

Look - you need to DELAY the interview at Guangzhou , until the step-child's casefile shows up in Guangzhou.

YOU can delay the interview, up to 1 year, and even after the 1 year, can delay it again by contacting the IV unit at Guangzhou.

re: adoption - you won't qualify - there's a 2 year rule for adoption - must have 'presence' with the child for 2 years - and to the best of my knowledge - is no way around that.

You were given a solid plan of attack for expediting the step-son's case in yer prior post - I pray you are actually doing something this week, at a minumum prepped all this weekend and sent it off this morning.

There's no big rush, come on - if you get it expedited (and you can, if you read and follow in your prior topic) - can get things 'matched up' at Guangzhou within 3 to 4 months.

Now, you do NOT have to delay her interview at all, she can still go, no problem there - but if it's 2 trips, if she's making huge travel to get there - then you prolly want to make some accomodations, yes? And get speed in USA, delay in Guangzhou.

Good Luck !

[pushbrk 12,898]

Thanks for the reply,

Are you sure about the delay? I called the National Visa Center today and they were very adamant about telling not to delay my wife's interview. I know the 6 months rule, this is our quandary. I want to delay so both can receive their visa at the same time.

Unless you want to leave the child behind, delay the interview, really. When did you file the child's I-130?

[Darnell 8,478]

zack - you have a solid 'plan of attack' with an expedite on the CR-2 - please review all at http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/

IMO, with the expedite, thats 3 to 4 months from filing to interview date, IF YOU use NVC Electronic Processing, as well (in addition to), at the NVC stage.