Adopt minor sister

[Zongkeh 2]

Greetings good people,

 

I am so glad to have this forum , I enjoy reading it and also love how everyone goes out of their way to find a solution to every worry. I have an issue and I really love to get some help. Three years ago I lost my mom , I am the oldest child and my youngest sister is 8. Is it possible for my husband(US Citizen) and I (awaiting CR1 interview ) to adopt her ? . I have only beeen able to have guardianship for her as of now but I don’t know if adopting a sibling is valid for US immigration. She is only 8 and I don’t have any where to leave her when am gone to the US, her dad is alive can’t care for her and willing to give her up. I am so worried please help . I have been living with her since our mom fell sick till her hour of death . Thank you 

[Boiler 45,486]

Adoption laws will depend on where she lives so I have no idea.

 

Immigration is another issue, you would need 2 years legal and physical custody, are you looking to move to take care of her?

 

Delay the interview, your Husband adopts moves over there for a couple of years?

Edited February 18 by Boiler

[Zongkeh 2]

Thank you for your response. It’s possible to adopt her in my country. I have resided with her for 3 years and my husband comes here from time to time. Shouldn’t we both be doing the adoption ? Can I alone not have met the physical custody requirement or must it be the couple, ? And yes , I was hoping on seeing every possible means she could be there while am there too. I will definitely look into delaying my interview. My only concern was if it was even possible to immigrate to the US given  she is my sister. 
so are you suggesting I delay my interview , while my husband files for her so we move together ? Thank you 

[nastra30 2,284]

Adoption for immigration purposes is not as simple as you think. Yes you can adopt your sibling but there many variables that have to be met for immigration purposes and applies to all adoptions. Adoption in unsaid country is a variable for instance. Willingness to move and stay outside for at least two years with adoptee could be a variable; are you willing to do this? There other variables. 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html

[nastra30 2,284]

5 minutes ago, Zongkeh said:

I have resided with her for 3 years and my husband comes here from time to time.

Legal custody?

[Boiler 45,486]

5 minutes ago, Zongkeh said:

Thank you for your response. It’s possible to adopt her in my country. I have resided with her for 3 years and my husband comes here from time to time. Shouldn’t we both be doing the adoption ? Can I alone not have met the physical custody requirement or must it be the couple, ? And yes , I was hoping on seeing every possible means she could be there while am there too. I will definitely look into delaying my interview. My only concern was if it was even possible to immigrate to the US given  she is my sister. 
so are you suggesting I delay my interview , while my husband files for her so we move together ? Thank you 

I have no idea what the adoption requirements are in your country.

[Zongkeh 2]

Yes we have held custody for over two years. I live with her and , my husband lives in the US. We did a joint custody of her.

3 minutes ago, nastra30 said:

Legal custody?

Yes 

[nastra30 2,284]

15 minutes ago, Zongkeh said:

Yes we have held custody for over two years. I live with her and , my husband lives in the US. We did a joint custody of her.

Yes 

What country?

[JeanneAdil 6,498]

It would be the USC applying for the I 130

the following is from the USCIS site on adoption relative a so the USC needs to live with the child for 2 years

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html#:~:text=Yes%2C you will need a,adoption services have been provided.

 

 INA 101(b)(1)(E) requires the child to have been in the legal and physical custody of, and resided with, the adoptive parent(s) for at least two years prior to filing the Form I-130 petition. If the child is or was habitually resident in a Hague Convention country prior to the adoption and the adoption occurred on or after April 1, 2008, the two-year legal custody and physical residency period generally must be satisfied outside the United States in order for the Form I-130 to be approvable.

 

There's a lot of reading u need to do to understand all that is involved especially since the father is still alive /and i mean a lt of reading 

 

Very important to answer as others have asked "What country?"

[carmel34 3,626]

7 hours ago, Zongkeh said:

Thank you for your response. It’s possible to adopt her in my country. I have resided with her for 3 years and my husband comes here from time to time. Shouldn’t we both be doing the adoption ? Can I alone not have met the physical custody requirement or must it be the couple, ? And yes , I was hoping on seeing every possible means she could be there while am there too. I will definitely look into delaying my interview. My only concern was if it was even possible to immigrate to the US given  she is my sister. 
so are you suggesting I delay my interview , while my husband files for her so we move together ? Thank you 

This is one of those cases where an experienced attorney in your home country, familiar with both adoption law and US immigration law, would be well worth the expense.  It will take time and money, and if you want to wait for her, the best way for that to happen would be to delay your interview until her adoption is done, a petition filed for her, and all requirements of US immigration satisfied. Since your US husband will be the petitioner, he will need to live with you and your sister after she is legally adopted, in your home country, for two years before he can file the I-130.  The whole process could take 4 years or more before she could get a visa to immigrate.

Edited February 18 by carmel34

[Zongkeh 2]

5 hours ago, JeanneAdil said:

It would be the USC applying for the I 130

the following is from the USCIS site on adoption relative a so the USC needs to live with the child for 2 years

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html#:~:text=Yes%2C you will need a,adoption services have been provided.

 

 INA 101(b)(1)(E) requires the child to have been in the legal and physical custody of, and resided with, the adoptive parent(s) for at least two years prior to filing the Form I-130 petition. If the child is or was habitually resident in a Hague Convention country prior to the adoption and the adoption occurred on or after April 1, 2008, the two-year legal custody and physical residency period generally must be satisfied outside the United States in order for the Form I-130 to be approvable.

 

There's a lot of reading u need to do to understand all that is involved especially since the father is still alive /and i mean a lt of reading 

 

Very important to answer as others have asked "What country?"

 

1 hour ago, carmel34 said:

This is one of those cases where an experienced attorney in your home country, familiar with both adoption law and US immigration law, would be well worth the expense.  It will take time and money, and if you want to wait for her, the best way for that to happen would be to delay your interview until her adoption is done, a petition filed for her, and all requirements of US immigration satisfied. Since your US husband will be the petitioner, he will need to live with you and your sister after she is legally adopted, in your home country, for two years before he can file the I-130.  The whole process could take 4 years or more before she could get a visa to immigrate.

 

5 hours ago, JeanneAdil said:

It would be the USC applying for the I 130

the following is from the USCIS site on adoption relative a so the USC needs to live with the child for 2 years

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html#:~:text=Yes%2C you will need a,adoption services have been provided.

 

 INA 101(b)(1)(E) requires the child to have been in the legal and physical custody of, and resided with, the adoptive parent(s) for at least two years prior to filing the Form I-130 petition. If the child is or was habitually resident in a Hague Convention country prior to the adoption and the adoption occurred on or after April 1, 2008, the two-year legal custody and physical residency period generally must be satisfied outside the United States in order for the Form I-130 to be approvable.

 

There's a lot of reading u need to do to understand all that is involved especially since the father is still alive /and i mean a lt of reading 

 

Very important to answer as others have asked "What country?"

From Gabon. Thanks for your response . Yes I have doing lots of reading , I believe I read but struggle to interprete some. 

[Zongkeh 2]

[Zongkeh 2]

I feel like by this screenshot I understand that one adoptive parent ( in case of a couple  adopting a child) could satisfy the two years , it need not be both or necessarily he who is submitting the i130. please correct my understanding if it’s wrong. Thanks  

[Redro 4,611]

8 minutes ago, Zongkeh said:

I feel like by this screenshot I understand that one adoptive parent ( in case of a couple  adopting a child) could satisfy the two years , it need not be both or necessarily he who is submitting the i130. please correct my understanding if it’s wrong. Thanks  

I believe you  need to finalize the adoption before your husband can sponsor your sister/ daughter. Additionally, your sister cannot be added to your interview/ petition. She will have to be petitioned with her own I130. 
@Family do you have anything to add? 

i would also look into hiring a lawyer to help you with this if you are having issues understanding the requirements to sponsor the sister you plan to adopt.