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Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted

Hi

I'm curious as to what Visa would be best for a usa citizen to apply to bring his wife of 5 years (not american) and adopted child that's also not adopted.

Anyone that's been through this care to share their experience?

TIA

Posted (edited)

And is there a legal father? Are they consenting to the child immigrating?

 

Edit: So they are neither biologically related nor legally adopted? On what basis would they be eligible to immigrate...?

Can you explain what exactly the child's relationship is to either of you?

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
3 minutes ago, roxydye said:

The child is not related by blood to neither of us

Wife adopted?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

Posted

I agree that more information is needed. If the child is not formally adopted, there is no way to immigrate the child.

 

We see a lot of times where people in other countries informally "adopt" a child where the child was neglected by a family member or close friend. So they raise the child as their own. But if there was no legal adoption by their government, the US government will not recognize the child as being adopted and will not be eligible to immigrate.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)
5 minutes ago, roxydye said:

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

Thanks for the clarification. But we still need a little more info.

 

-Is the child orphaned?

-If not, is your wife related to the parents?

-How long has the USC's wife been with the child?

 

Also, please keep in mind that adoption does NOT guarantee immigration benefits.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted
2 minutes ago, Unlockable said:

Thanks for the clarification. But we still need a little more info.

 

-Is the child orphaned?

-If not, is your wife related to the parents?

-How long has the USC's wife been with the child?

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

2 minutes ago, designguy said:

Isnt there a requirement that you must live with the child for 2 years in their home country before you can have them immigrate?

I'm not sure

Filed: EB-3 Visa Country: Germany
Timeline
Posted
7 minutes ago, roxydye said:

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

No there is no other way to bring your wife. 

 

Unless she wants to go on a path that bypasses you, IE DV or work sponsorship which really makes no sense in your case and wouldnt even cut down the time

Filed: Citizen (apr) Country: Russia
Timeline
Posted
8 minutes ago, roxydye said:

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

I'm not sure

Personally, I would handle getting the IR1 spousal visa for your wife right now and then once that is done work out the foreign adoption.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: EB-3 Visa Country: Germany
Timeline
Posted

What I said earlier about the 2 year custody and living requirement applies to Non US citizens. (https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/adoption-by-non-us-citizens-living-in-us.html)

 

I am not sure what the effect is if one parent is a USC and one is not

Posted
8 minutes ago, roxydye said:

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

I'm not sure

OK.

 

So child adoption is probably one of the most strict process of immigration. It is good that you are going through an agency because they will guide you through the process. For now, immigration will be on the back burner because the adoption must be completed before immigration. Word of warning, this may be an extremely long and tedious process. It may take several years for this to be completed.

 

You can start by seeing the overall summary and requirements of the adoption process at the link that @designguy posted. It is good that you are getting a head start by learning of this process. And best of luck to you.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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