Mother wants to adopt nephew (split)

[Lu & Ni 30]

On 3/30/2022 at 1:36 PM, JeanneAdil said:

it will not work if the child has 1 or both parents living

we can not just adopt a relative to bring them to US 

Hi, not sure if you could answer my question but I've looked everywhere. 

My cousin is 6 years old and my mom wants to adopt her from my uncle who is very ill and is not financially stable to take care of her. He's willing to give her up for adoption as we don't know how long he has. Do you think it's possible? 

[Ontarkie 14,540]

~~Hijack post split off another members thread. Please do  not post questions about your own case in other members threads.~~

 

What is your mother's status? This thread is in bringing Family of USC.

 

Is your mother a USC? 

Where is the child? 

 

 

 

[Boiler 46,246]

Assuming the child is in Ecuador that will be down to their laws, consult a local family lawyer.

 

If there is an immigration elelment that is a totally different situation.

[SusieQQQ 11,587]

37 minutes ago, Lu & Ni said:

Hi, not sure if you could answer my question but I've looked everywhere. 

My cousin is 6 years old and my mom wants to adopt her from my uncle who is very ill and is not financially stable to take care of her. He's willing to give her up for adoption as we don't know how long he has. Do you think it's possible? 

If the laws of the country say she can, she can. But this is an entirely different issue from the adoption being valid for immigration, which presumably is what you’re interested in if you’re posting here?

[carmel34 3,657]

11 hours ago, Ontarkie said:

What is your mother's status? This thread is in bringing Family of USC.

 

Is your mother a USC? 

Where is the child?

From OP's other posts it appears that the mother in question is a USC or LPR, living in the US, as dad and mom were joint sponsors for her husband's K-1 process.

 

For OP, assuming that your question about your mom adopting her niece is related to bringing your cousin to the US legally, you need to invest in two experienced attorneys--one in the country where your cousin lives with her father (assumed as Ecuador but not sure), and one in the US.  This is not a DIY case.  The first question for the US immigration attorney, on the first free consultation visit, is can your mom even do this.  No need to spend thousands for legal fees for two attorneys in each country if the plan is not even possible.  What about your cousin's mother?

Edited June 3, 2022 by carmel34

[JeanneAdil 6,693]

for immigration your mother is willing to go back to Ecuador to live for 2 years?

 

Is the mother of the child alive? 

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process

 

The adoptive parent had legal custody of and jointly resided with the child for at least 2 years while the child was under age 21.

• The legal custody must have been the result of a formal grant of custody from a court or other governmental entity.
• The legal custody and joint residence requirement may be met by custody and residence that preceded the adoption.

[Lu & Ni 30]

12 hours ago, Ontarkie said:

~~Hijack post split off another members thread. Please do  not post questions about your own case in other members threads.~~

 

What is your mother's status? This thread is in bringing Family of USC.

 

Is your mother a USC? 

Where is the child? 

 

 

 

Oh man, I apologize I didn't know 😔

[Lu & Ni 30]

1 hour ago, carmel34 said:

From OP's other posts it appears that the mother in question is a USC or LPR, living in the US, as dad and mom were joint sponsors for her husband's K-1 process.

 

For OP, assuming that your question about your mom adopting her niece is related to bringing your cousin to the US legally, you need to invest in two experienced attorneys--one in the country where your cousin lives with her father (assumed as Ecuador but not sure), and one in the US.  This is not a DIY case.  The first question for the US immigration attorney, on the first free consultation visit, is can your mom even do this.  No need to spend thousands for legal fees for two attorneys in each country if the plan is not even possible.  What about your cousin's mother?

Thank you and the previous poster for the quick reply. I'll only answer this as I don't want to hijack the original poster. 

 

Long story short, my little cousin is the daughter of my mom's sister (my aunt) but she passed away when she was just months old (back in 2012)..and my cousin's dad is my father's cousin (3rd degree?) they're very close.

My parents pretty much help him out financially with school and things like that and take care of her whenever they go back to Ecuador. 

Thank you everyone for your answers! I see how this could be a very extensive and difficult process 😔

[Aluvaboy 69]

28 minutes ago, Lu & Ni said:

Thank you and the previous poster for the quick reply. I'll only answer this as I don't want to hijack the original poster. 

 

Long story short, my little cousin is the daughter of my mom's sister (my aunt) but she passed away when she was just months old (back in 2012)..and my cousin's dad is my father's cousin (3rd degree?) they're very close.

My parents pretty much help him out financially with school and things like that and take care of her whenever they go back to Ecuador. 

Thank you everyone for your answers! I see how this could be a very extensive and difficult process 😔

In the first post you claim that your cousin is 6 years old. In the above post you say your aunt (mother of the 6 year old) passed away in 2012. This year is 2022. Lot of inconsistencies in your story. It is none of my worries! I am just pointing out the discrepancies!

[SusieQQQ 11,587]

57 minutes ago, Lu & Ni said:

Thank you and the previous poster for the quick reply. I'll only answer this as I don't want to hijack the original poster. 

 

Long story short, my little cousin is the daughter of my mom's sister (my aunt) but she passed away when she was just months old (back in 2012)..and my cousin's dad is my father's cousin (3rd degree?) they're very close.

My parents pretty much help him out financially with school and things like that and take care of her whenever they go back to Ecuador. 

Thank you everyone for your answers! I see how this could be a very extensive and difficult process 😔

Is your mom prepared to move back to Ecuador to live with the child after she has been adopted? Because that might be the only way she can live with her as a parent. If the adoption is only something she is prepared to consider if she can bring the child here, then the first thing to do is see an immigration lawyer to see if this is even possible given the child’s circumstances- it may not be. 
 

 

Edited June 3, 2022 by SusieQQQ

[Lu & Ni 30]

On 6/3/2022 at 9:29 AM, Aluvaboy said:

In the first post you claim that your cousin is 6 years old. In the above post you say your aunt (mother of the 6 year old) passed away in 2012. This year is 2022. Lot of inconsistencies in your story. It is none of my worries! I am just pointing out the discrepancies!

Oh man! Yes, she's going to be 10 this July 😅 For some reason all of my younger cousins are still 6 years old in my head 😂😂😂

[Lu & Ni 30]

On 6/3/2022 at 9:55 AM, SusieQQQ said:

Is your mom prepared to move back to Ecuador to live with the child after she has been adopted? Because that might be the only way she can live with her as a parent. If the adoption is only something she is prepared to consider if she can bring the child here, then the first thing to do is see an immigration lawyer to see if this is even possible given the child’s circumstances- it may not be. 
 

 

Thank you! I'll def look for a lawyer as I believe time is running out unfortunately 😓

[SusieQQQ 11,587]

Just now, Lu & Ni said:

Thank you! I'll def look for a lawyer as I believe time is running out unfortunately 😓

A lawyer can only tell you if it’s possible. If it is, it is probably going to be years rather than months to get the entire process finalized. So if time is running out, again she may need to move to where to the child is rather than the other way round.

[Family 4,254]

Ecuador is a Hague Convention Country, here is a link on what adoption process will be: 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Ecuador.html