Bringing adopted baby to US

[sskk333 0]

Hi,

Background:

1) Both (my wife and me) are US citizen and moved to India in Jan 2013

2) Adopted an "orphan" (abandoned by parents) baby in May 2013. At that time they were 4 months old

3) Expect the adoption process to be completed fully in mid 2014 (maybe later if process gets delayed in red tape)

4) Will be in India (Hague country) till the completion of the adoption process and will have full custody of the baby during that time

Questions:

1) I understand that i need to stay in India for 2 years from the date of legal custody before filing for I-130. My question is can I apply for B2 (non-immigrant) visa for the baby before the completion of 2 year period completion. The only reason I want to do that is my extended family in US is missing the time bonding with the kids. Is there a way we can visit US with the kids on a non-immigrant visa (for kids) before the completion of the 2 year term? Can US citizens bring adopted kids on non-immigrant visa if they intend to return to the home country after temp visa expiry.

2) If we can do the above, how can we avoid establishing a domicile in US (we already have a house, bank accounts and everything US which we are still maintaining).

Thanks in advance.

[milimelo 4,565]

Never hurts to ask but you'll most likely be told to stay put until adoption is finalized. Family can travel overseas for a visit.

[sskk333 0]

I do not plan to travel before the adoption process is finished. Its the two year period that I have to wait after the adoption finalization that I plan to use the visitor visa for the baby. Is it possible without jeopardizing the I-130 filing for the baby.

[aaron2020 11,651]

A visitor visa denial is not a problem for an immigrant visa petition. Lots of foreign spouses and fiancees have had visitor visas denied and still were able to later obtain immigration visas.

Whether your adopted child can get an immigration visa is a question that should be posed to several US immigration lawyers. A rudimentary understanding of the process may not be enough to successfully get you through.

[sskk333 0]

Good point aaron2020. I did check with a couple of lawyers and the point is that if I can complete the 2 year stay requirement, then I can adopt the baby from a hague/non-hague country and then file for I-130 after that. Also based on http://adoption.state.gov/us_visa_for_your_child/visas.php that is my understanding.

Thanks,

[sskk333 0]

Hi,

Can someone please advice:

1) That I can bring the adopted baby to US after 2 year custody using I-130 petition?

2) That I can bring the adopted baby on a temporary visa without jeopardizing their I-130 peition. I know aaron2020 pointed out that a non-immigrant visa denial wont jeopardize the babies I-130 petition, but I am concerned about the scenario, where the non-immigrant visa is granted (during the 2 year custody stay) and then it jeopardizes the I-130 since we will be visiting US with the baby for 4-5 months. Is that a possibility?

TIA