Can we adopt domestically in Vietnam and bring the child to the US?

[USA_Vietnam 0]

Can my wife and I adopt domestically in Vietnam and bring the child to the US (instead of going through international adoption)? My wife is a Vietnamese citizen and US permanent resident. I am a US citizen. We currently live in the US. 

 

The child would not be a relative. We simply want to adopt some child in the future. 

[aaron2020 11,651]

Since you and your wife are US residents, you have to go through the Hague process as this would be an intercountry adoption.

 

https://www.uscis.gov/adoption/uscis-country-specific-processing/adoption-information-vietnam

[USA_Vietnam 0]

Thanks, Aaron. I've been reading about this. It's an unlikely scenario, but it looks like we could move to Vietnam, adopt a child, wait two years, and then file for the child to become a US citizen. You can go outside the Hague process in this case (see p. 4). https://www.uscis.gov/sites/default/files/document/guides/A3en.pdf

[millefleur 5,046]

**Moved from Off Topic to Bringing Family Members of US Citizens to America; topic is about a potential adoption**

[jan22 3,043]

On 10/9/2021 at 9:17 AM, USA_Vietnam said:

Thanks, Aaron. I've been reading about this. It's an unlikely scenario, but it looks like we could move to Vietnam, adopt a child, wait two years, and then file for the child to become a US citizen. You can go outside the Hague process in this case (see p. 4). https://www.uscis.gov/sites/default/files/document/guides/A3en.pdf

I assume when you say "wait two years", you understand that it means you will be living with the child for two years in Vietnam?  If so, not sure why that's better than a Hague Convention adoption, but also assume you have your reasons. 

 

The non-Hague method is what USCIS requires for an adoptive parent to be able to immigrate an adopted child to the US.  It has no bearing on the adoption procedures under local laws.   This process is not available in some counties because of that country's own laws/procedures.  Have you verified it is possible in Vietnam?  And, have you carefully read the State Department's information on adoptions from Vietnam to make sure your plan is feasible? https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

 

Finally, one clarification -- you can't just "file for the child to become a US citizen".  What you would do is file an I-130 petition to immigrate an immediate relative (IR-2).  After the petition is approved, an immigrant visa issued, and the child (who is under the age of 18) enters with his/her parents  to reside in the US as a legal permanent resident -- the child then immediately becomes a US citizen, having met all of the requirements of the Child Citizenship Act.  This process can take at Ieast a year (or more), so the two years of living outside the US will turn into three or more to complete the process.

[USA_Vietnam 0]

4 minutes ago, jan22 said:

I assume when you say "wait two years", you understand that it means you will be living with the child for two years in Vietnam?  If so, not sure why that's better than a Hague Convention adoption, but also assume you have your reasons. 

 

The non-Hague method is what USCIS requires for an adoptive parent to be able to immigrate an adopted child to the US.  It has no bearing on the adoption procedures under local laws.   This process is not available in some counties because of that country's own laws/procedures.  Have you verified it is possible in Vietnam?  And, have you carefully read the State Department's information on adoptions from Vietnam to make sure your plan is feasible? https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/VietNam.html

 

Finally, one clarification -- you can't just "file for the child to become a US citizen".  What you would do is file an I-130 petition to immigrate an immediate relative (IR-2).  After the petition is approved, an immigrant visa issued, and the child (who is under the age of 18) enters with his/her parents  to reside in the US as a legal permanent resident -- the child then immediately becomes a US citizen, having met all of the requirements of the Child Citizenship Act.  This process can take at Ieast a year (or more), so the two years of living outside the US will turn into three or more to complete the process.

Yes, we would consider living in Vietnam with the child for a couple of years because we'd like to spend some time bonding with Vietnamese family, anyway. Also, this process would seem to avoid the $35K+ in costs associated with intercountry adoption. Instead, we would just have the (quite low) cost of domestically adopting in Vietnam (which my wife is eligible to do as a Vietnamese citizen), plus the costs of seeking permanent residency for the child. Although I do understand that this entire plan is complex and would require further investigation. (E.g. my wife would need to be a US citizen to the leave the US for so long without losing status, and I would need a visa to be in Vietnam.)