Visa to the USA for a child of a citizen of the Russian Federation born unmarried

[Виталий Оуэн 0]

Hello. I am a US citizen. My wife is a citizen of Russia. We have been married for 2 years. At the moment we are waiting for the appointment of an interview for the wife's visa. On August 10, 2023, my wife's sister died. My sister-in-law had a child left without care at the age of 3 years. My sister-in-law was a single mother. In December, a court will be held in the Russian Federation on the adoption of this child by my wife. The child has no other relatives. I, a US citizen, cannot take custody and adopt this child, a citizen of the Russian Federation, since this cannot be done under the law "Dima Yakovlev's Law".  Russia is also not part of the Hague Convention. Question: Can I file a petition for this child as my stepdaughter? Or what kind of petition should I file for this child to emigrate to the USA?

[Boiler 45,519]

Obviously there is nothing you can do now. Usually you need to show 2 years custody in such circumstances but it is shall we say complicated so I would consult with an Immigration Lawyer familiar with this sort of case.

 

Is the plan now to delay your wife's process, lets say you could file for the child come December you are obviously a long way away from the child being able to get a visa.

 

Is the Father on board with this?

.

 

[Lil bear 4,216]

10 minutes ago, Виталий Оуэн said:

Hello. I am a US citizen. My wife is a citizen of Russia. We have been married for 2 years. At the moment we are waiting for the appointment of an interview for the wife's visa. On August 10, 2023, my wife's sister died. My sister-in-law had a child left without care at the age of 3 years. My sister-in-law was a single mother. In December, a court will be held in the Russian Federation on the adoption of this child by my wife. The child has no other relatives. I, a US citizen, cannot take custody and adopt this child, a citizen of the Russian Federation, since this cannot be done under the law "Dima Yakovlev's Law".  Russia is also not part of the Hague Convention. Question: Can I file a petition for this child as my stepdaughter? Or what kind of petition should I file for this child to emigrate to the USA?

At this stage the is no visa available that would allow this. Once your v wife legally adopts her .. and meets the USCIS custody requirements, then you can petition for her 

[Виталий Оуэн 0]

13 минут назад Бойлер сказал:

Очевидно, что сейчас вы ничего не можете сделать. Обычно вам нужно предъявить 2 года содержания под стражей в таких обстоятельствах, но, скажем так, это сложно, поэтому я бы проконсультировался с иммиграционным адвокатом, знакомым с таким делом.

 

Планируется ли сейчас отложить процесс вашей жены, скажем, вы можете подать заявление на ребенка в декабре, вы, очевидно, далеко от того, чтобы ребенок мог получить визу.

 

Отец согласен с этим?

.

 

 

Только что Виталий Оуэн сказал:

 

This child has no father. The child was left an orphan.

[Boiler 45,519]

The child's father is unknown, obviously there was a father?

 

Your wife wants to delay her process?

[Виталий Оуэн 0]

17 минут назад Лил-медведь сказал:

На данном этапе нет визы, которая позволила бы это. Как только ваша жена законно усыновит ее .. и выполнит требования USCIS по опеке, вы можете подать петицию за нее.

I mean, when the wife will be the legal mother by a court decision. Then can I, a US citizen, file a petition as a stepson? I cannot establish a legal relationship with this child (custody, adoption) since this is not allowed by the legislation of Russia.

[Boiler 45,519]

4 minutes ago, Виталий Оуэн said:

I mean, when the wife will be the legal mother by a court decision. Then can I, a US citizen, file a petition as a stepson? I cannot establish a legal relationship with this child (custody, adoption) since this is not allowed by the legislation of Russia.

 

Adoption and Immigration is complicated, generally she will need to show 2 years legal custody. Much of Immigration Law is painful but not that complicated, I certainly would not rely on a forum for this situation.

[Виталий Оуэн 0]

9 minutes ago, Boiler said:

The child's father is unknown, obviously there was a father?

 

Your wife wants to delay her process?

There was a biological father, but he is not in the documents. And he refused to take the child, because he is an alcoholic.  
The wife will push back the date of the interview. The interview has not been scheduled yet. After the appointment, the date can be pushed back for a year.

[Lil bear 4,216]

4 minutes ago, Виталий Оуэн said:

I mean, when the wife will be the legal mother by a court decision. Then can I, a US citizen, file a petition as a stepson? I cannot establish a legal relationship with this child (custody, adoption) since this is not allowed by the legislation of Russia.

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states#:~:text=Parents must accrue 2 years,during and after the adoption.
 

 

There are two steps for this situation.. your wife must first legally adopt the child. You do not have to adopt. The USCIS step child relationship is acknowledged  if the child is your spouses.. But birth of adoption.. 

 

SECONDLY .. before you can petition for your adopted step child you must meet the 2 year physical custody requirement as set out in the link above 

[Boiler 45,519]

My concern is that you may be looking at a lot longer than a year, anyway that is also possible.

[Виталий Оуэн 0]

4 минуты назад Бойлер сказал:

 

Усыновление и иммиграция сложны, как правило, ей нужно будет показать 2 года законной опеки. Большая часть иммиграционного законодательства болезненна, но не так сложна, я бы, конечно, не стал полагаться на форум для этой ситуации.

But at the time of adoption, she will not have a visa and US residency. There is no such law in Russia where a child must be under guardianship for 2 years. In Russia, pre-guardianship lasts for half a year and is followed by adoption. That is, in any case, the child must live 2 years from the moment of adoption in order to file a petition?

[Boiler 45,519]

Just now, Виталий Оуэн said:

But at the time of adoption, she will not have a visa and US residency. There is no such law in Russia where a child must be under guardianship for 2 years. In Russia, pre-guardianship lasts for half a year and is followed by adoption. That is, in any case, the child must live 2 years from the moment of adoption in order to file a petition?

Our comments relate to US Immigration Law, I have no clue how Russian law works. It is a little bit more complicated than that but that is the essence.

[Lil bear 4,216]

1 hour ago, Виталий Оуэн said:

But at the time of adoption, she will not have a visa and US residency. There is no such law in Russia where a child must be under guardianship for 2 years. In Russia, pre-guardianship lasts for half a year and is followed by adoption. That is, in any case, the child must live 2 years from the moment of adoption in order to file a petition?

If you read the  the USCIS  link .. the 2 year period may  be accrued  both before and after adoption takes place. So if your spouse has physical custody now, and documentation to show this..  then  this time counts 

[jan22 3,056]

3 hours ago, Lil bear said:

If you read the  the USCIS  link .. the 2 year period may  be accrued  both before and after adoption takes place. So if your spouse has physical custody now, and documentation to show this..  then  this time counts 

It counts if it is not just physical, but also legal, custody.

[Cathi 5,748]

Not a DYI case. As Boiler said, you really need a lawyer to guide you through this process.