i 130 for my siblings

[Boiler 46,176]

7 minutes ago, SusieQQQ said:

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

Agree.

 

The question really is what is the minimum I can do to qualify under the 2 year rule and I doubt there is a way of knowing. Down to the Consulate when they review the application and at this moment I doubt they will say anything other that what the official verbiage says, I somewhat doubt they would say for example that if you adopt and visit in the summer you will be good to go.

[arken 4,197]

Based on some notable points from USCIS as shown below, I believe, in agreement with others, that

- Time spent previously doesn’t count as the children were not in his legal custody at the time.

- After the adoption, time spent during summer moths will only count. The OP can petition for them only after the cumulative time becomes 2 years if not consecutive.

 

From USCIS:

The child has been in your legal custody for at least 2 years, either before or after the adoption. Legal custody means you assumed responsibility for the child under the laws of the state and under the order or approval of a court of law or other appropriate government entity; and
• The child must have lived with you or your spouse (if you are mar- ried and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home.
You do not need to have lived together with the child for two continuous years. You may add up multiple periods of time to meet the two year requirement.

 

 For adoptions that take place in a Hague Convention country, the parent may jointly reside with the child outside the U.S. for two years while having legal custody.

[Meerim 1]

update: another lawyer called, he says i could adopt children with out Adoption Service Provider....he asked me to work with him and he will do it, he said i am going to need only homestudy from hague approved agency..that is all? i do not understand, i was told i must collaborate with ASP...plus homestudy...im confused.. anyone know?

[SusieQQQ 11,587]

6 minutes ago, Meerim said:

update: another lawyer called, he says i could adopt children with out Adoption Service Provider....he asked me to work with him and he will do it, he said i am going to need only homestudy from hague approved agency..that is all? i do not understand, i was told i must collaborate with ASP...plus homestudy...im confused.. anyone know?

Is this a lawyer who specializes in adoption for US immigration? 

[Meerim 1]

Just now, arken said:

Based on some notable points from USCIS as shown below, I believe, in agreement with others, that

- Time spent previously doesn’t count as the children were not in his legal custody at the time.

- After the adoption, time spent during summer moths will only count. The OP can petition for them only after the cumulative time becomes 2 years if not consecutive.

 

From USCIS:

The child has been in your legal custody for at least 2 years, either before or after the adoption. Legal custody means you assumed responsibility for the child under the laws of the state and under the order or approval of a court of law or other appropriate government entity; and
• The child must have lived with you or your spouse (if you are mar- ried and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home.
You do not need to have lived together with the child for two continuous years. You may add up multiple periods of time to meet the two year requirement.

 

 For adoptions that take place in a Hague Convention country, the parent may jointly reside with the child outside the U.S. for two years while having legal custody.

The child must have lived with you or your spouse (if you are mar- ried and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home.

 

so when i was there in 2017 living with twins will count?

[arken 4,197]

13 minutes ago, Meerim said:

update: another lawyer called, he says i could adopt children with out Adoption Service Provider....he asked me to work with him and he will do it, he said i am going to need only homestudy from hague approved agency..that is all? i do not understand, i was told i must collaborate with ASP...plus homestudy...im confused.. anyone know?

So this lawyer is going through Orphan Process that is applicable for orphan kids in non-Hague countries.

[arken 4,197]

3 minutes ago, Meerim said:

The child must have lived with you or your spouse (if you are mar- ried and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home.

 

so when i was there in 2017 living with twins will count?

 

No based on “and” clause below.

 

22 minutes ago, arken said:

The child has been in your legal custody for at least 2 years, either before or after the adoption. Legal custody means you assumed responsibility for the child under the laws of the state and under the order or approval of a court of law or other appropriate government entity; AND
• The child must have lived with you or your spouse (if you are mar- ried and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home.

 

[Meerim 1]

oh okay..got it

[Meerim 1]

please confirm my thoughts about ASP..i must have that agency working with me if ill go throughi 800 form right?

[SalishSea 18,161]

https://www.uscis.gov/adoption    OP, have you thoroughly read the USCIS info on adoption?

[Boiler 46,176]

So you are now looking to go the Hague route? I noticed there was an age limitation without Court approval.

[JFH 12,191]

OP, the reason the 2-year rule is there is to ensure that the adoption is on the best interests of the child’s welfare and that you are adopting the child because you have a desire to parent the child. Your 2017 stay won’t count as you did not have legal custody of the children and you therefore were not parenting the children. Parenting is far more than paying school fees and showing up at the end of each semester to take them home. They want to see the children are in a family setting. And not just being adopted to bypass the sibling F4 visa route. 

 

You will have to go through a home study. I haven’t done one here in the USA but I did in the UK when I decided to be a foster parent. It’s a mentally exhausting process. I imagine it’s similar here. You will be questioned intensively on how you will parent two teenagers, having had no prior experience of raising teens. They ask about boundaries, discipline, etc. 

Edited May 22, 2019 by JFH

[carmel34 3,657]

OP, have you considered an F-1 student visa?  If you can afford it, look into this, you may be able to bring them to the US to live with you after the adoption is done, to attend school in Chicago, then after two years, apply for immigrant visas for them.  It may not work because of the immigration intent, but do some research as it may be possible.

Edited May 22, 2019 by carmel34

[SusieQQQ 11,587]

1 hour ago, carmel34 said:

OP, have you considered an F-1 student visa?  If you can afford it, look into this, you may be able to bring them to the US to live with you after the adoption is done, to attend school in Chicago, then after two years, apply for immigrant visas for them.  It may not work because of the immigration intent, but do some research as it may be possible.

Theoretically a good idea, but OP said can’t afford $50k in first post, which would easily be the cost of going this route as the siblings would have to be placed in a private school - 2 siblings x probably 3 years (2 years custody plus year wait for visa) till green card? Even with a “cheap” private this route would probably hit $50k, even if they do the max one year at a public (where they would still have to pay full unsubsidized cost) first.

Edited May 22, 2019 by SusieQQQ

[Boiler 46,176]

$50k would be a downpayment.