Adoption after I-130 Approval

[Mundo254 50]

Hello good people, 

My sister's F1 (Unmarried daughter of US Citizen) petition has been approved by USCIS and will soon be transferred to NVC. She has 3 biological kids/derivatives who were named in her petition. However, she is currently in the process of formally adopting my 14 year old niece who was recently orphaned. 

Can she be added to my sister's case at the NVC stage even though she wasn't in the initial petition as her child and proceed to get a visa at the embassy as a derivative when that time comes? 

 

Thank you so much for your insights!

[Family 4,152]

Once adoption is complete in Kenya , she can submit copy of adoption along with a request to add beneficiary child…PLUS a request to wave the required evidence of  child having lived 2 years in the physical and legal custody of adoptive parent because child is an orphan. 
It is worth a try …for a chance to have them come together.

 

https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/

 

 

[Mundo254 50]

2 hours ago, Family said:

Once adoption is complete in Kenya , she can submit copy of adoption along with a request to add beneficiary child…PLUS a request to wave the required evidence of  child having lived 2 years in the physical and legal custody of adoptive parent because child is an orphan. 
It is worth a try …for a chance to have them come together.

 

https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/

 

 

Thanks a lot for the info and resource shared. 

[SteveInBostonI130 3,482]

6 hours ago, Mundo254 said:

Hello good people, 

My sister's F1 (Unmarried daughter of US Citizen) petition has been approved by USCIS and will soon be transferred to NVC. She has 3 biological kids/derivatives who were named in her petition. However, she is currently in the process of formally adopting my 14 year old niece who was recently orphaned. 

Can she be added to my sister's case at the NVC stage even though she wasn't in the initial petition as her child and proceed to get a visa at the embassy as a derivative when that time comes? 

 

Thank you so much for your insights!

 

What is the PD, priority date, of the petition?

Edited July 13, 2022 by SteveInBostonI130

[JeanneAdil 6,610]

are both parents deceased?

[Timona 4,208]

37 minutes ago, JeanneAdil said:

are both parents deceased?

 

This 

And the will be another question asked: why can't other family members adopt or take care of the child? Why's the US bound person the one offering? Would she have if US immigration was not involved? 

 

BTW, taking care of 4 kids in US just by oneself is a huge task. It's not like back home where they can go eat/ sleep at relatives or even neighbors. 

 

All is all, I just hope it's not to try and profit from your sister's petition. I know our fellow countrymen the way they think, love shortcuts and love fabricating documents to achieve a certain benefit that is present. 

[JeanneAdil 6,610]

18 minutes ago, Timona said:

 

This 

And the will be another question asked: why can't other family members adopt or take care of the child? Why's the US bound person the one offering? Would she have if US immigration was not involved? 

 

BTW, taking care of 4 kids in US just by oneself is a huge task. It's not like back home where they can go eat/ sleep at relatives or even neighbors. 

 

All is all, I just hope it's not to try and profit from your sister's petition. I know our fellow countrymen the way they think, love shortcuts and love fabricating documents to achieve a certain benefit that is present. 

Plus the OP says recently deceased so probably living with a parent 

and i believe the adoptive parent needs to live 2 years with the child so is she willing to stay there long enough to satisfy all conditions

making her wait to come to US an additional 2 years 

 

i know Casa did not allow one young boy to come after an adoption when all his immediate family was taken in a car accident

but he had grandparents (in their 70's) and the embassy concluded he had family in Morocco even though the adoption was formalized

 

I would also wonder if the person doing the affadivit of support is willing and has the needed income /we're talking about himself , F1 bene and 4 kids   -that's 6 people

 

Edited July 13, 2022 by JeanneAdil

[Mundo254 50]

1 hour ago, SteveInBostonI130 said:

 

What is the PD, priority date, of the petition?

PD June 2019

1 hour ago, JeanneAdil said:

are both parents deceased?

Yes. Both parents deceased.

[Mundo254 50]

1 hour ago, Timona said:

 

This 

And the will be another question asked: why can't other family members adopt or take care of the child? Why's the US bound person the one offering? Would she have if US immigration was not involved? 

 

BTW, taking care of 4 kids in US just by oneself is a huge task. It's not like back home where they can go eat/ sleep at relatives or even neighbors. 

 

All is all, I just hope it's not to try and profit from your sister's petition. I know our fellow countrymen the way they think, love shortcuts and love fabricating documents to achieve a certain benefit that is present. 

We are 4. My parents (US Citizens) my sister and I. My parents clearly far away, my case is already DQ'd soon will probably be leaving, that leaves my sister who will be around to take care of her.

 

I think we already have the 'taking care of 4 kids in the US' figured out, thank you. 

 

Nobody is trying to benefit from my sister's petition as you put it, we are just trying to find a solution for my niece.

 

By the way, her father's petition was also in line with mine (DQ'd waiting for interview) until the unfortunate happened. 

[Mundo254 50]

1 hour ago, JeanneAdil said:

Plus the OP says recently deceased so probably living with a parent 

and i believe the adoptive parent needs to live 2 years with the child so is she willing to stay there long enough to satisfy all conditions

making her wait to come to US an additional 2 years 

 

i know Casa did not allow one young boy to come after an adoption when all his immediate family was taken in a car accident

but he had grandparents (in their 70's) and the embassy concluded he had family in Morocco even though the adoption was formalized

 

I would also wonder if the person doing the affadivit of support is willing and has the needed income /we're talking about himself , F1 bene and 4 kids   -that's 6 people

 

Her case is still far of from the NVC stage (PD June 2019, Visa bulletin currently @ Aug 2016 for filing) so i think that will probably be fulfilled.My sister has already began the adoption process and we are well aware of the timelines.

 

AOS wouldn't be a problem. My parents in the US and I hopefully at the time should be able to take care of that.

 

I totally understand that it may not be a straight forward case and one that may bring about questions from the CO at the embassy but my family/sister are more than ready to honestly and sincerely lay the facts on the table. 

Edited July 13, 2022 by Mundo254

[Timona 4,208]

3 minutes ago, Mundo254 said:

We are 4. My parents (US Citizens) my sister and I. My parents clearly far away, my case is already DQ'd soon will probably be leaving, that leaves my sister who will be around to take care of her.

 

I think we already have the 'taking care of 4 kids in the US' figured out, thank you. 

 

Nobody is trying to benefit from my sister's petition as you put it, we are just trying to find a solution for my niece.

 

By the way, her father's petition was also in line with mine (DQ'd waiting for interview) until the unfortunate happened. 

 

So if you're 4: you, sister and your parents, how then did your parent petition for your niece's father? 

 

If it was your parent's niece, I'd understand as it may be a child to a brother. But how is this child your niece and her dad had a petition under your parent? Help me here. 

[Mundo254 50]

8 minutes ago, Timona said:

 

So if you're 4: you, sister and your parents, how then did your parent petition for your niece's father? 

 

If it was your parent's niece, I'd understand as it may be a child to a brother. But how is this child your niece and her dad had a petition under your parent? Help me here. 

Cmon now. My niece's father was my brother. Is that clear enough?

[Timona 4,208]

23 minutes ago, Mundo254 said:

We are 4. My parents (US Citizens) my sister and I. 

 

4 minutes ago, Mundo254 said:

Cmon now. My niece's father was my brother. Is that clear enough?

 

I'll let your statements speak for themselves

[Mundo254 50]

8 minutes ago, Timona said:

 

 

I'll let your statements speak for themselves

I believe you'd want me to add up my late brother in your math. We are 4 living family members. I also understand our fellow countrymen love drama.

 

@Family Glady pointed me to some very useful resource and thats exactly what I needed so i think this discussion should be closed.

Edited July 13, 2022 by Mundo254

[Timona 4,208]

Just now, Mundo254 said:

I believe you'd want me to add up my late brother in your math. We are 4 living family members. Here for info, not drama.

 

@Family Glady pointed me to some very useful resource and thats exactly what I needed so i think this discussion should be closed.

 

I see no drama. I was barely asking for information for clarity. 

 

Carry on. I'll get off your hair...