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David and Ariana

Adoption of child on green card, birthfather status

By David and Ariana in Effects of Major Family Changes on Immigration Benefits

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David and Ariana Apprentice

David and Ariana   2

Posted
Filed: AOS (pnd) Country: China
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I don't think this is really the right place for this question, but I don't see a better place.

I have a non-USCIS question on adoption of my immigrant wife's son. If anyone has experience with international adoption, perhaps you have some advice.

My wife was divorced from her first husband in China in 2005. He is the father of the 10yr old son that came here with her 2 years or so ago. He was not involved int he childs life since.

In order to get the visa for her son, she needed to get a letter from the ex husband giving permission to take the son here. That was a very painful process, but she got it.

I would like to adopt him.

I assume that a child can't have 2 fathers. Does he have to agree to sever his fatherhood claim on him before I can adopt him? Or does the fact that the son is an immigrant and separate from his father allow him to have an adopted Dad here in the US without getting something from the birth father?

David and Ariana (Na)

02/2009 Met Online

04/2009 Met in person

07/14/2009 Engagement Party in China

08/2009 Submitted I-129F for K1 Visa

11/2009 UCIS approval sent to NVC

12/2009 Sent to Guanghzou

01/2010 K-1 packet sent to fiancee - but because address was undeliverable, did not receive into March

03/2010 Received K-1 packet

04/2010 Returned Packet (took time to get Birth Certificate)

05/2010 Notified of appt. for July 14th - totally coincidentally on 1 yr anniversary of engagement

07/14/2010 Interview in Guangzhou, K-2 Visa Granted.

07/19/2010 Na came to America. Son stayed with Grandmother, stay in school while Na adjusted

and improved English

09/14/2010 Married

11/2010 Applied for Adjustment of Status I-485

Also recieved bad Legal advice - saying could not apply for K-2 for 8 yr old son

because we were married. Dejected, submitted I-130 for son

03/03/2011 New Years Day - Interview in SFO. Green Card granted.

06/2011 Learned through VisaJourney that K-2 still possible for son - but only until July 14rh

06/08/2011 Emailed Guangzhou requesting reopening of K-1/K-2 file

06/09/2011 Recieved immediate reply giving appt of June 27th. Na flew to China immediately

06/27/2011 Interview - Visa not granted RFE birthfather approval

06/28/2011 Emailed Guangzhou asking for urgent appt to submit birthfather approval

06/30/2011 Recieved response giving appt for Jul 6th

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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Adoption is meant to sever biological ties in favor of new ones. Most states will not sever the ties to a biological parent without that parent having the right to object. Being a good step father is really little different than adopting the child.

This will not be over quickly. You will not enjoy this.

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