Immigrant visa for child by legal permanent resident.

[davemcphe 22]

My wife is a Legal permanent resident who has filed the N-400 for citizenship, is the legal guardian of a 6 year old niece in Thailand.  I am a US Citizen by birth and we want to bring our niece here with the intent of adoption and citizenship.  The child's father was killed in a motorcycle accident about 18 months ago and the mother is an alcoholic that has signed the guardianship paperwork in Thailand for my wife to become her legal guardian.  The child is now living with my wife's parents until we can get her here.  What visa do we need to apply for and would it be more advantageous to wait for granting citizenship or applying now for the nieces visa.  How do we go about making this application.

 

Thank you in advance for your advice and council.

 

Dave 

[jan22 3,094]

Like most things in US immigration, it’s not nearly as simple as just filing a visa application.  You can find general information about international adoption for immigration at the first link below.  Thailand-specific information is in the second link.
 

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

 

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

  
It is likely that, since this will not be a Hague Convention compliant adoption in a Hague signatory country, the child will have to live in the legal and physical  custody of the adopting parent for two years prior to being eligible for US permanent residency.

 

[JeanneAdil 6,800]

the child must be an orphan and you say mother is alive so no

Thailand is party to the Hague Convention and you must file form 800a and then after that is approved file 800 

800 a says child must be an orphan which this child is not

 

https://www.uscis.gov/sites/default/files/document/forms/i-800ainstr.pdf

 

 

you intend to adopt a child from a Convention country, you may continue to have your case processed according to governing regulations for eligibility as an orphan

[davemcphe 22]

Can a visa be issued based on my wife's position as the child's legal guardian regardless of intent to adopt?

 

[Boiler 46,649]

3 hours ago, davemcphe said:

Can a visa be issued based on my wife's position as the child's legal guardian regardless of intent to adopt?

 

To immigrate no. There is no relationship. To visit, in the situation plus Thailand would be very difficult.