Child adopted by DV lottery winner.

[4uvak 0]

Hi, to all. Does anybody know if USA recognizes adoption of a child in Russia by Russian citizen? The adoption process was initialized after DV lottery was won. It is not yet finalized. Hope will be finalized in 1-2 months. Will the USA accept an adopted child as a family member? Should I contact the US embassy to clarify? Thanks to all.

Edited February 15, 2015 by 4uvak

[NigeriaorBust 4,087]

How was the child recorded on your DV entry. Adding "relatives" after winning will be highly scrutinized and if you not had your interview may result in denial for adding a non relative ( it will be even harder if the child is at all related ) Read about adoption for immigration purposes.

Edited February 15, 2015 by NigeriaorBust

[aaron2020 11,651]

Is the child related to the winner?

In order for an adopted child to qualify for an immigration visa, there are certain requirements. These requirements are to safeguard against people adopting their relatives' children in order to immigrate them.

The parent will need to live with the adopted child for 2 years before the child can get a visa. This is to prevent the fraud of adding children after the person wins the DV.

[4uvak 0]

The child is not related. Adopting from orphanage. The child was not recorded on DV entry. Where can I read about 2 years living with child after adoption?

Edited February 15, 2015 by 4uvak

[aaron2020 11,651]

The child is not related. Adopting from orphanage. The child was not recorded on DV entry. Where can I read about 2 years living with child after adoption?

http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/immigrant-visa-process.html

[Boiler 46,284]

Seems odd that they would go through this without ascertaing if the child could move as well.

[4uvak 0]

Thank you! I will go through the link.

Edited February 15, 2015 by 4uvak

[SusieQQQ 11,587]

Thank you! I will go through the link.

I'd suggest contacting the consulate. Living abroad with the child for 2 years isn't feasible in your case given firstly the time constraint for DV visas (so you can't do it before) and the residency requirements for a green card (so you can't really do it after either unless you get a re-entry permit). As with any non actual birth addition to a family after selection, albeit those are usually marriages, do expect some scrutiny to check whether this is a genuine adoption. Also if the adopted child is not fifteen or younger then it is not accepted for DV unless a younger sibling was also adopted.

Edited February 15, 2015 by SusieQQQ

[Boiler 46,284]

I'd suggest contacting the consulate. Living abroad with the child for 2 years isn't feasible in your case given firstly the time constraint for DV visas (so you can't do it before) and the residency requirements for a green card (so you can't really do it after either unless you get a re-entry permit). As with any non actual birth addition to a family after selection, albeit those are usually marriages, do expect some scrutiny to check whether this is a genuine adoption.

Marriage for example would need to be petitioned.

[SusieQQQ 11,587]

Marriage for example would need to be petitioned.

DV works differently. As long as the interview has not taken place, a new spouse can be added on and granted a derivative diversity visa. Of course, such marriages are scrutinized intensely to determine if they are genuine or "green card" marriages.

[4uvak 0]

They can scrutinize as much as they want. This is a genuine adoption as the child was in orphanage for approximately 5 years and is in no way related to the DV winner. The thing is that the court is reluctant to approve the adoption finding different reasons for it for last 6 months. The DV winner is a foster carer for the child for last 6 months. Started fostering application process approximately in June-July 2014. Was visiting child from December 2013 in the orphanage - way before the DV lottery was won. The pictures are available dated back to the beginning of 2014. Here is what I think. Correct me if I am wrong. As I understand while the child lives with the foster care it counts in the 2 years requirement. There is no adoption order made yet and nobody knows when it will be made. The time is running out and the applicant needs to submit the visa application to avoid delay. There is no point to include the child in the visa application because the child is not formally adopted yet, hence is not related to the applicant. From the applicant's number it seems the interview will be in April-May 2015. The applicant can enter the USA withing 6 months from the visa granted. By this time it will be around 1 year since the applicant and the child are living together (October-November 2015) as foster care and child. So they will need just 1 year more to complete the required 2 years rule. The applicant goes to the USA to get a green card and the rest of documents at the end of 6 months period of visa granted (October-November 2015). Than returns to the country of origin and lives there with the child for 1 year to complete the 2 years rule, after which the adopted child will be eligible to joint the applicant as a child in the USA. And the applicant will not break the 2 years rule for the validity of Green Card as the applicant will spend only 1 year outside the USA (coming and going here and there) plus few months for waiting a US visa for the child to join the applicant in the USA.. It seems to me according to the law and is a fair play. Any comments?

Edited February 22, 2015 by 4uvak

[Boiler 46,284]

As a US permanent resident you are resident in the US and can of course visit elsewhere. An interesting question as to whether you can aggregate visits to achieve 2 year requirement.

A LPR can certainly petition an adopted child, assuming all other requirements are met, but it is a process that takes years.

[4uvak 0]

Right. In this circumstances can the child come to the USA on any other visa (student for example) to live together with the DV winner and finishing the process inside the country? The DV winner is a guardian for the child and the law of country of origin allows the child in foster care to travel outside the country. As I understand the Permanent resident need not to be absent from the USA for certain amount of days per year only to be eligible for USA citizenship at the end of 5 years period. But to keep the permanent residence there is no requirement to stay mostly in the USA. The requirement is to come back to the USA no later than 2 years since the card was issued. Correct me if I am wrong.

P.S. Who is LPR?

Edited February 22, 2015 by 4uvak

[aaron2020 11,651]

Hi,

How will you reconcile the requirement that green card holders reside in the US with the the requirement to live with the child for two years? Which one is your resident?

You really need a good international adoption lawyer to help you figure out the immigration requirements.

Be careful since your interpretation of the law may be wrong.

Best of luck.

[4uvak 0]

Hi,

How will you reconcile the requirement that green card holders reside in the US with the the requirement to live with the child for two years?

Since the Green Card will be received in October-November 2015 it will be needed only 1 year since than to reach the required 2 years of living together for the adoptive parent and the child. So the DV winner will be living outside the USA for 1 year (until October 2016) plus few months to receive a visa for the child. This should not jeopardize the Green Card, should it?

Edited February 22, 2015 by 4uvak