Bringing guardian child on either H4 or B2

[Shell10 0]

I am on H1B. since there is no law of Adoption in Pakistan but "Guardianship", so we are legal guardian to a baby girl for the past one year. We went to US Embassy Pakistan but they refused and said that "we need adoption papers", i dont know where to get the adoption paper when there is no law of adoption in the country? Please help wht to do next. some people told me to apply for B2 for a baby as guardian, do you think it will work??

[Harsh_77 718]

B2 would not work, B2 is a tourist visa.

You will have to adopt the kid to be legal gaurdian. Also for the immigration purpose both the parents of the child must be deceased.

[milimelo 4,481]

B2 would not work, B2 is a tourist visa.

You will have to adopt the kid to be legal gaurdian. Also for the immigration purpose both the parents of the child must be deceased.

Often same-sex partners get a B2 to stay in the US with their H1B partners.

[Shell10 0]

Often same-sex partners get a B2 to stay in the US with their H1B partners.

I got an answer from State Depatment, B2 visa is the right visa to apply in our case.

[Harsh_77 718]

Often same-sex partners get a B2 to stay in the US with their H1B partners.

They get it beyond 6 months?

[Anh map 2,098]

I got an answer from State Depatment, B2 visa is the right visa to apply in our case.

You may want to get another opinion on that answer. B2 is not an immigration visa.

[Boiler 45,524]

Neither is a H.

B in lieu of H seems the best bet.

[milimelo 4,481]

They get it beyond 6 months?

Entry I-94? Yes, when they apply for B2 visa they need to make it clear to the consular officer that they need B2 cohabiting visa (and provide the proof of partner's H1B status). They'll get a B2 visa that covers that time and also on entry to US they have to point it out to CBP IO that's it's a cohabiting B2 so they're given a year at a time on it vs. max 6 months - so they don't have to leave after 6 months and re-enter.

Edited December 10, 2011 by milimelo

[Harsh_77 718]

Entry I-94? Yes, when they apply for B2 visa they need to make it clear to the consular officer that they need B2 cohabiting visa (and provide the proof of partner's H1B status). They'll get a B2 visa that covers that time and also on entry to US they have to point it out to CBP IO that's it's a cohabiting B2 so they're given a year at a time on it vs. max 6 months - so they don't have to leave after 6 months and re-enter.

In that case also a year at Max, most likely his H1 would be good for 3 years, I am not sure how many years OP has already exhausted.

Also its kinda weid case CO might look into more details, as OP knew has a child to take care, then why would they accept a position on H1.

Even on H1 OP would be gone for couple years, could someone else take care of the kid until OP returns etc.

[Boiler 45,524]

There is no need to look on an H1 as a longer stay, I can think of people who have had a L/H and just needed a few months in the US.

It is a temporary visa.

Just as if a visitor can theoretically stay for 90 days/6 months, reality is most are just here for a couple of weeks.

[pm5k 129]

Old thread, but replying in case anyone else is in this situation.

 

Adoptions (technically guardianship) in Pakistan are governed by the Guardian of Wards Act, 1890.  "Adoption decrees" on rupee paper are not sufficient, even if the other party has relinquished their rights.  A court decree under the Guardian of Wards Act, 1890 is required.

[millefleur 5,046]

**Zombie thread from 2011 now locked from further comment.**

 

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