Adopted Child

[heyjoe715 0]

Hi,

 

My wife recently became a US citizen and now would like to petition for her mother. Her mother adopted a child about 4 years ago and the child is 9 years old today. We are planning on filing the I-130 for her mother. How or what would we file for the adopted child?

 

Would the child be able to come over at the same time?

 

Thank you.

[SusieQQQ 11,586]

No, no derivatives allowed on ir5. The mom can petition for the child once she has her own green card. For practical reasons she may want to get a re-entry permit when she gets her green card so that she can stay with the child until the child can get a green card too.

 

 

Edited August 1, 2021 by SusieQQQ

[heyjoe715 0]

2 minutes ago, SusieQQQ said:

No, no derivatives allows on ir5. The mom can petition for the child once she has her own green card. For practical reasons she may want to get a re-entry permit when she gets her green card so that she can stay with the child until the child can get a green card too.

 

Thank you much.

 

If I understand correctly, the idea is for the mother to obtain her green card and re-entry permit while residing in Thailand until the child gets her green card? The child's sole provider is my wife's mother.

[SusieQQQ 11,586]

There is no path for the child to be in the US for the two years or so it will take waiting for the child’s immigrant visa/green card. The mother will have to at least come to the US to use her immigrant visa (to get her own green card) and apply for the re-entry permit, however.

 

 

Edited August 1, 2021 by SusieQQQ

[HRQX 4,145]

16 minutes ago, heyjoe715 said:

the idea is for the mother to obtain her green card and re-entry permit while residing in Thailand until the child gets her green card?

Note that there may be a period of separation between her and the adopted child. After her IR-5 visa is issued she should do the following:

• Enter the US with the IR-5 visa
• File I-130 petition for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
• File I-131 application (by mail) to request Reentry permit
• Open bank account, etc. to establish her US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• Leave the US after attending the biometrics appointment. https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities." On the I-131 application she can indicate that she'll pick up her Reentry permit in Bangkok, if she wants.

Edited August 1, 2021 by HRQX

[heyjoe715 0]

3 minutes ago, HRQX said:

Note that there may be a period of separation between her and the adopted child. After her IR-5 visa is issued she should do the following:

• Enter the US with the IR-5 visa
• File I-130 petition for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
• File I-131 application (by mail) to request Reentry permit
• Open bank account, etc. to establish her US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• Leave the US after attending the biometrics appointment. (https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.") On the I-131 applications they can indicate that they'll pick up their Reentry permits in Bogota, if they want.

 

Thank you very much. This clears a lot of confusion on my behalf. We will have to figure out a relative who may be able to take the child in during the period you mention above.