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International adoption from India

By myhope in Bringing Family Members of US Citizens to America

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myhope Newbie

myhope   0

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I am a 50 year old woman , US citizen with an OCI from India and would like to adopt my sister's child who is scheduled to deliver next year around Feb. She is a resident of Dubai but will be delivering in India. what are my options ?

Boiler Grand Master

Boiler   46,156

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Speak to a lawyer in this India who handles adoptions.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

NigeriaorBust Grand Master

NigeriaorBust   4,087

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USCIS does not usually approve family member adoptions for immigration purposes. Also I believe the max age to adopt a child is 50

http://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/india.html See the information for India

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

myhope Newbie

myhope   0

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does being 50 years old close all doors ? is legal guardianship an option ? I spoke to a lawyer in India and according to him Indian courts prefer adoption by an extended family member and he is confident that adoption will be approved. I am not quite sure how US embassy will look at it, though.

Penguin_ie Grand Master

Penguin_ie   5,997

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Filed: Citizen (apr) Country: Ireland
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India may allow the adoption, but the US will not for immigration purposes, especially with at least one bio parent living, AND being a family member. So, if the adoption is the important part, you may need to look into either a nanny/ later boarding school in India, or you moving over there.

You may be better off supporting the mother financially, and petitioning for her, as your sister, to immigrate with the child, but that would be a wait of several years also.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Boiler Grand Master

Boiler   46,156

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Filed: K-1 Visa Country: Wales
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Posted

Where is the father in this?

I seem to remember 2 years being mentioned as far as custody, but sounds like they are a number of interacting issues.

So your interest is not so much in adoption as her child moving to the US? Sponsoring your Sister seems a simpler option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

myhope Newbie

myhope   0

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My sister isn't interested in moving. She has a 7 year old daughter and lives with her husband in Dubai. They both are willing to give up their child because I wanted a baby. I am trying to figure out a way to adopt without having to move to india. Social fabric there don't support a single parent who is also a divorcee.

Boiler Grand Master

Boiler   46,156

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

When the child is older you could look at a student visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Can I bring the child on a tourist Visa and then adjust the status ?

No, IF it were possible that is immigration fraud to use a tourist visa to immigrate. However, you have no petitionable relationship with the child, even if you adopt it by India (or Dubai) law. What you are proposing to do is not possible, you cannot have your sister have a child for you.

If you would like a child, you might consider looking into sperm donation, or becoming a foster parent.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Ning Experienced

Ning   619

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Filed: K-3 Visa Country: Thailand
 Timeline
Posted (edited)

Can I bring the child on a tourist Visa and then adjust the status ?

That would be committing fraud.

You seem desperate to have this child. If so please listen to Penguin when it comes to length of time you must be with the child. If you do not do this there will be no reason to be concerned with the immigration aspects.

Remember your age is a factor.

Edited by Ning
 
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