Bringing my Stepson into the US and adoption

[GYnot 8]

Let me start this discussion by saying we have made significant errors in our step son's visa process. These errors where completely avoidable, but we made them. I don't want to discuss those errors except in the context of how we can progress. Trust me when I say we've had long and heated discussions about these errors and have beaten that horse to death. 

 

If you look back over my history here.  You'll see I tried and successfully started the fiance visa process for my current wife and her son.   His mother and I got a K1 Visa and entered the country, shortly after we married.  As part of that process he got a k2 visa.  Over a year later he entered the country on his  k2 and we applied, in June, for advanced  parole and waited. His mother was upset that he was not going to be able to leave the country to spend Christmas with her mother and she felt he was having problems adjusting to the US.  She returned him to Columbia in December, 9 months after his arrival.  The following  March his advanced parole and work authorization arrived.  That summer he returned briefly to the USA while school was out.  He then returned to Columbia.

 

In February he was scheduled for his USCIS appointment for his interview.  They were unable to enter the US on the flight we had planned because my wife had misplaced their paperwork.  I went to the appointment and requested a reschedule.  In March his advanced parole, and her initial green card expired. I had already applied for her removal of conditions in April we were notified that her application had been accepted and she had 18 months more on her green card.  We have not yet been informed of a subsequent reschedule or denial of the step son's interview.  However, even if we get a second interview, he can't enter the country at this point, he has no valid documents.

 

The question is, what to do now.  It feels like we have two basic options, but that's just my read of the situation and I'm hardly an expert. 

 

1) Start the I-130 process over again. Get him a new visa.  Enter the country on that visa. Go to the interview.  This process feels like it will take at least one to two years. 

2) I adopt him in Colombia, and start an immigration process based on that adoption. I have no idea how to progress on this path. Though I imagine the first step is to start adoption procedures in Columbia. I have no idea how long this will take. 

 

The current state of our world is that we have been married almost 4 years.  My wife is currently waiting for her 10 year green card interview. Her son is feeling abandoned and we need to do something to make it clear to him that we are trying to integrate our family and have him with us. 

 

Any suggestions? 

 

[Liam2021 583]

Option 1, file for I130 is your best choice. He will have interview at oversea Embassy and after admit with that visa, he will be full LPR( no more interview in USA).

[apple21 953]

If you married before stepson's 18th bday, then yes you can file an i130 for him. He's still below 21yo at this point right? Coz if he's already 21 or up then he's in for a long wait. 

 

Adoption for the purpose of immigration is a whole different ball game.

Edited August 30, 2019 by apple21
Edit

[NigeriaorBust 4,087]

 The adoption would have to be completed before he turns 16 and you would have to live with him 2 years .   So that is probably a no go.  How old is he now  ? 

[SusieQQQ 11,586]

1 hour ago, apple21 said:

If you married before stepson's 18th bday, then yes you can file an i130 for him. He's still below 21yo at this point right? Coz if he's already 21 or up then he's in for a long wait. 

 

 

If this applies there’s no immigration reason for adopting him, and if it doesn’t then it’s too late to adopt him (for immigration purposes)  anyway?

Edited August 30, 2019 by SusieQQQ

[Boiler 45,486]

Looks like the son is 9 or so, file an I 130 and get him a GC would seem the obvious route. Assume he actually wants to move to the US?  Sounds like he effectively has visited with the K2. Adoption is irrelevant, you have the basis to file for him anyway.

[GYnot 8]

Should have put this in the original posting. He’s 10 years old. So time to majority is not an issue.

[aaron2020 11,651]

It's much easier and much faster for you to file an I-130 and file for him as your stepson. 

 

Adopting would take time and puts you in a tougher process that would take much longer than filing for him as your stepson.

 

Expect this to take 12-18 months.  There is no way to make it quicker.  

[apple21 953]

2 hours ago, GYnot said:

Should have put this in the original posting. He’s 10 years old. So time to majority is not an issue.

So i130 it is. File ASAP. 

[geowrian 22,337]

Adoption is more complex, more difficult, and won't take a day less time. Obvious choice is the stepson route. Adopt too if you want, but not for immigration.