i 130 for my siblings

[Meerim 1]

HI everyone! 

I am applying for citizenship and planning to bring my twins brothers, they will turn 14 years old in august. Our parents past away.

 

Twins go to private boarding school( they study there, sleep there, eat there, they have all kinds of good curriculum)

Hague and non Hague adoption process wont work because i cannot afford $50.000 

 

Decided to go with I 130 for for adopted children. 

I have to adopt them and reside with kids for 2 years before i apply for I 130 form. So my questions is, is it possible for me to come to the states while kids are in boarding school, and go back when they have their vacations in the summer while awaiting for 2 years of adoption ? or i must stay with them for 2 years with no interruption of the timeline? Do they count every singe day that i was present? or its just a adoption decree has to be 2 years old?

 

Does anyone have similar situation or know the answer please let me know, i would really appreciate your help

p.s i have my husband and 3 years old child, i have school also and we live in Chicago. Thats why i cannot stay in other country for 2 years straight..i

 

 

 

Edited May 21, 2019 by Meerim

[payxibka 10,047]

An interesting twist but since your residence would be in the states and theirs is not..  

[Boiler 46,176]

Some background,  I am not sure I have seen anybody go through with this, as soon as the 2 years come up then the intent seems to disappear.

 

Obviously a long term plan, not sure how long your absence was, you are back in the US I take it? So you have to qualify to naturalise and then that is not a quick process and adopt and the 2 years, and then sponsor well they will be at Uni by then. Or maybe finished.

 

So I would check with a Lawyer familiar with this sort of case. Quite where the line is, always a tricky one to answer.

 

 

 

 

[geowrian 22,338]

General guidelines: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

 

Relevant section of the INA - 101(c)(1): https://www.law.cornell.edu/uscode/text/8/1101

Bold is my emphasis re: requirement to actually reside together.

 

Quote

(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter

 

[Meerim 1]

update: thank you so much for your reposting my old post. since then i am still looking for info, lawyers are baskteballing me around. Immigration lawyers sending me to the adoption once,and the other way around lol. funny and sad! 

 

I just talked to another lawyer and she says that i could count into 2 years timeline my presence in 2017. i was in Kyrgyzstan for whole year. but my aunt has the legal guardianship i am not sure if thats going to be an issue. but i still would love to know if i have to stay in the city with twins even if they are at the boarding school?...this lawyer said she needs to do more research, its super complicated..

[NigeriaorBust 4,087]

  You are hitting another issue. Adoptions must happen before the under 16. 

[Meerim 1]

they will turn 14 in august. i am planning to go back in June and start adoption. i believe i will be done in 3 months.

[Meerim 1]

Just now, geowrian said:

General guidelines: https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

 

Relevant section of the INA - 101(c)(1): https://www.law.cornell.edu/uscode/text/8/1101

Bold is my emphasis re: requirement to actually reside together.

 

 

even if they are going to boarding school?

[Boiler 46,176]

Well you are into what the is determined is residing with you, and I doubt anybody can in advance be clear on that.

 

I did not board, but went to a school with boarders and obviously it was not just the summer they were off. And seems you plan is to reside in the US and just visit them.

[geowrian 22,338]

I'm not sure how any presence in 2017 would count since you haven't adopted them yet. The 2 years can only apply after adoption, as described in the INA section posted above.

 

19 minutes ago, Meerim said:

even if they are going to boarding school?

It's something to discuss with a good immigration attorney, but it is a tough argument to claim that they reside with the adoptive parent while they are living and learning abroad and never having actually resided with you since adoption. That would really be stretching things IMO.

Nobody here can say with certainty, but it does seem like an uphill path to go that route.

Edited May 21, 2019 by geowrian

[SusieQQQ 11,587]

26 minutes ago, Meerim said:

i was in Kyrgyzstan for whole year. but my aunt has the legal guardianship i am not sure if thats going to be an issue. 

Yes, it is. To repeat the bit that geowrian bolded in his extract for you above: (i added an underline  )

 

 has been in the legal custody of, and has resided with

[Boiler 46,176]

Now I do not know how these terms would be interpreted but I assume adoption would equal legal custody and that resided with would be the issue.

[SusieQQQ 11,587]

16 minutes ago, Boiler said:

Now I do not know how these terms would be interpreted but I assume adoption would equal legal custody and that resided with would be the issue.

She said the aunt had guardianship for the prior year she resided with them that she wanted to claim as part of the two years residing requirement. So she may have resided with them but she did not have legal custody of them at the time, so in my understanding that year doesn't count for this.

Edited May 21, 2019 by SusieQQQ
Gender correction as pointed out by Boiler

[Boiler 46,176]

1 minute ago, SusieQQQ said:

He said the aunt had guardianship for the prior year he resided with them that he wanted to claim as part of the two years residing requirement. So he may have resided with them but he did not have legal custody of them at the time, so in my understanding that year doesn't count for this.

I think it is a she, but yes I do not see how prior visits could count, it is a both requirement.

[SusieQQQ 11,587]

1 hour ago, Meerim said:

 

p.s i have my husband and 3 years old child, i have school also and we live in Chicago. Thats why i cannot stay in other country for 2 years straight..i

 

 

 

This is the fundamental problem, unless the family relocates for 2 years.