Bringing wifes 3yo nephew to US

[kontumdiary 0]

My wifes younger brother passed away in China over two years ago, leaving a 1 yo child who is now 3. The boy is currently being raised by his birth mother (brothers widow) and grandmother (wifes mother) in China. Since the boy's mom wants to stay in China and remarry, and due to the one child rule (she's not an only child) making finding a new Chinese spouse difficult if not impossible, she is willing to let the boy come be raised by his aunt (my wife) in the US. Complexity is added to the mix due to the grandmother wanting to be with her grandson whereever he lives or goes. The grandmother (a widow herself) can be sponsored here no problem and whether or not she wants to stay is yet to be seen but the question arises, how to bring the young boy whom we are willing to clothe, feed, raise and educate? I'm past the age for an international adoption approval but support my wife in this endeavor. Is adoption in China the best or only option for my wife to bring her nephew to the US or are there other options?

[belinda63 2,981]

Adoption won't work since the child has a living parent. Student visa when the child gets older is an option.

[Boiler 43,419]

The obvious solution is to fund the child in China.

Sounds like studying in the US would be a long way away.

[Ian H. 207]

It's possible to apply for the F1 now. There is no minimum age for an F1 I believe. Since the child is 3 he should be able to attend a preschool. It would have to be private tuition of course, not public. If public, you would have to pay the school for tuition. Also since the child is below age 14, there is no interview.

You may want to consult an adoption lawyer because in some countries it's possible to adopt a child with living parents, if they give up their parental rights. That's of course if that's something the mother is willing to do.

Here is some info regarding F1 visa:

http://travel.state.gov/content/visas/english/study-exchange/student.html

[belinda63 2,981]

Yes they might be able to adopt the child but the wouldn't be able to bring the child to the US on an immigrant visa as their adopted child.

[Boiler 43,419]

What if Granny adopts and they sposnor Granny and then she sponsors child?

[MUXAGIRL 69]

Adoption laws are very strict for immigrant visa purpose. The child is a relative and has one living parent. I don't see how it can be done for immigration purpose.

This is a tricky topic and we are not experts here, but I do believe his birth mother has to give up her parental rights for your wife to be able to adopt him. In future, if the birth mother plans to seek immigration benefits from her biological son, it can't be done.

Here is link to a lawyer group who handle adoptions from China, give them a call for initial consultation.

http://www.hooyou.com/adoption/faq.html

[Ian H. 207]

Why not? If the child is legally adopted in China and the adoption is final, there is no reason why they wouldn't be able to get an IR2 visa for the child.

There are 3 kinds of adoptions that USCIS considers for immigration purposes. The first two are Hague and Orphan cases and yes, they would have to meet certain requirements.

The third option is to petition as a minor child of USC (IR2) or LPR (F2A). For the third option, they need to adopt before the child turns 16, have a full and final adoption order, and 2 years of custody and residence which can be met prior to the adoption.

The adoption itself would take place according to the rules of China and otherwise meet all other requirements for immigration purposes. They should consult an adoption lawyer in China regarding the process, if that's something they wish to do.

Here is a relevant link for info to the OP:

http://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration

Yes they might be able to adopt the child but the wouldn't be able to bring the child to the US on an immigrant visa as their adopted child.

[Boiler 43,419]

No mention of them wanting to move to China for 2 years, would be an option of they did.

[Ian H. 207]

That's up to them to decide. However, my post was to clarify that they can adopt the child if they so wish to do so.

[Boiler 43,419]

Adoption was mentioned as a ways to an end.

[belinda63 2,981]

Adopting the child so they could bring it to the US to live. Kind of defeats the purpose if they have to live in China for 2+ years to accomplish this but maybe they are that motivated.

[Ian H. 207]

The OP asked if adoption was an option for them to be able to bring the child to the US. I answered that question. It's also not the only option, which is why I also suggested they could do the F1 visa. If they decide they cannot do the 2 year requirement that is up to them. However, it is not our place to decide for them.

They want to know what are all the possible routes that they can take. I already suggested 2 possible routes. They have to weigh the pros and cons of each possible option and no one here can tell them which one they have to do, because again it is their choice.

If they are willing to live in China for 2 years with the child in order to be able to adopt him, they have to decide that.

The point of this forum is to answer the OP's question, the fact that one route may be more difficult than the other doesn't mean that the OP doesn't have the right to know about it from someone here.

You can't decide to not give them the information about adoption because you think it's not worth it, again that is up to them to decide.

Edited July 31, 2014 by Ian H.

[kcoyclay1 98]

My wifes younger brother passed away in China over two years ago, leaving a 1 yo child who is now 3. The boy is currently being raised by his birth mother (brothers widow) and grandmother (wifes mother) in China. Since the boy's mom wants to stay in China and remarry, and due to the one child rule (she's not an only child) making finding a new Chinese spouse difficult if not impossible, she is willing to let the boy come be raised by his aunt (my wife) in the US. Complexity is added to the mix due to the grandmother wanting to be with her grandson whereever he lives or goes. The grandmother (a widow herself) can be sponsored here no problem and whether or not she wants to stay is yet to be seen but the question arises, how to bring the young boy whom we are willing to clothe, feed, raise and educate? I'm past the age for an international adoption approval but support my wife in this endeavor. Is adoption in China the best or only option for my wife to bring her nephew to the US or are there other options?

Hope this helps:

http://adoption.state.gov/adoption_process/who_can_adopt/relatives.php

Adopting a Relative for Incoming Cases

March 2014

Children adopted from abroad by U.S. citizens benefit from the same safeguards whether or not they are related to the prospective adoptive parents prior to adoption. The same immigration requirements and procedures that apply in non-relative adoptions apply in relative adoptions. The only exception is that the bar to prior contact with the child’s parents or caretaker in Hague Adoption Convention cases does not apply in Hague Adoption Convention cases involving relative adoptions. Before you adopt a relative who is not a U.S. citizen, you should familiarize yourself with the child’s immigration options. Adoption service providers in the United States and qualified attorneys with experience in both immigration and adoptions may be able to advise you based on your personal circumstances.

Convention Adoptions

An adoption of a child from a Hague Adoption Convention country must proceed under U.S. law in the same way that non-relative adoptions fromConvention countries proceed. U.S. citizen prospective adoptive parents must still file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with U.S. Citizenship and Immigration Services (USCIS), followed at the appropriate time by the filing of Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. See our web page on the Hague adoption process for more information. Prospective adoptive parents should note that a child who is being adopted from a Convention country by a relative must still meet the definition of “child” under section 101(b)(1)(G) of the Immigration and Nationality Act (INA).

NOTE: Under most circumstances, prospective adoptive parents are not permitted to identify a child in a Convention country for adoption; the foreign country’s adoption authorities refer prospective adoptive parents to a child (sometimes called "matching"). The Convention provides an exception to the prohibition on prior contact between prospective adoptive parents and a child’s parents or legal guardian for adoption within families.

Non-Convention (“Orphan”) Adoptions

Child relatives being adopted from non-Convention countries may be eligible for immigration benefits if the child qualifies as an “orphan” under U.S. law. If a child does not meet this definition, the child cannot immigrate to the United States as an orphan - even if the child is related to you. For non-Hague adoptions, the United States requires that the Form I-600, Petition to Classify Orphan as an Immediate Relative, be filed before the orphan turns 16 (or 18 if the child is being adopted with one or more siblings, at least one of whom is under 16). To adopt a relative who is living in a non-Convention country, U.S. citizen prospective adoptive parents generally must file Forms I-600A and I-600. Refer to our web page about the non-Hague adoption process for more information.

Stepchild Immigration

U.S. citizen stepparents who wish to bring a stepchild to the United States are not required to follow the Convention or orphan adoption immigration procedures in cases where the U.S. citizen married the child’s parent before the child’s 18th birthday.

A stepparent may file Form I-130, Petition for Alien Relative for a stepchild (spouse’s child) to qualify for an immediate relative visa (http://www.uscis.gov/i-130).

For more information, see the USCIS online brochure titled “I Am a U.S. Citizen . . . How Do I Help My Relative Become a U.S. Permanent Resident?”.

Foreign Domestic Adoption

For a child relative who does not fit into one of the above categories, it may be possible for an adoptive parent to file a Form I-130, Petition for Alien Relative, with USCIS for a foreign-born adopted child. This process requires the petitioner to show that a final adoption has been completed before the child’s 16th birthday (or 18th birthday for qualifying siblings), and that the child has been in the legal custody of and shared residency with at least one adoptive parent for at least two years before the petition is filed. The qualifying two years must generally be satisfied outside the United States in the case of a child deemed habitually resident in a Convention country.

For further information about adoptions under the Immediate Relative Process, see the USCIS website. Questions about this process should be addressed to USCIS.

Edited July 31, 2014 by kcoyclay1

[kehills 217]

And China is a Convention country.