urgent advice needed on adoption

[ouhong 0]

hi, all, appreciate input on my situation, I am a single USC(former chinese citizen) wishing to adopt a baby from china, wanted to go through the 130/485 route rather than the hague convention route since adoption pool is much limited in the later one. a few questions we couldn't get our heads clear on:

1. finishing domestic adoption in china using my US identity or Chinese identify, in the former case, domestic authorities require us to go through hague convetion

2. Two years requirements of living together and having custody for two years, is there anyway to bring the baby to US to live with me for two years instead of me quiting jobs and moving to china for two years. If so, how and what visa i can bring her over.

thanks for all your help!

[Anh map 2,098]

Are you trying to adopt a relative?

[aaron2020 11,651]

hi, all, appreciate input on my situation, I am a single USC(former chinese citizen) wishing to adopt a baby from china, wanted to go through the 130/485 route rather than the hague convention route since adoption pool is much limited in the later one. a few questions we couldn't get our heads clear on:

1. finishing domestic adoption in china using my US identity or Chinese identify, in the former case, domestic authorities require us to go through hague convetion Don't know the answer to this one.

2. Two years requirements of living together and having custody for two years, is there anyway to bring the baby to US to live with me for two years instead of me quiting jobs and moving to china for two years. No. No way for the baby to come first, then meet the requirement later. Must meet the requirement first, then come afterwards. If so, how and what visa i can bring her over. There is no visa for this. The entire point of the 2 years requirement is to show that there is a parent/child relationship that allows the parent to bring the adopted child to the US. So, 2 years of custody, then permission to come to the US. It doesn't work in the reverse - come for two years to meet the requirement. You must meet the requirement first.

thanks for all your help!

If this child is a relative, then it will be impossible to bring the adopted child to the US unless the child is an orphan. If the child has living parents, then the adoption is viewed as a sham to give an immigrant benefit to a family member that otherwise cannot be petitioned for. So, you would end up being the legal parents and no means to bring the child to the US.

[ouhong 0]

If this child is a relative, then it will be impossible to bring the adopted child to the US unless the child is an orphan. If the child has living parents, then the adoption is viewed as a sham to give an immigrant benefit to a family member that otherwise cannot be petitioned for. So, you would end up being the legal parents and no means to bring the child to the US.

the child will not be a relative, we have adoption plans for years, so will adopt a baby, e.g. < 3 months old from parents which have real difficulty in bringing up the child. Of course it will be hard, but we started the searching process. Consulted some immigration attorneys in US, some said we could bring the baby on B-2 to US and fulfill the 2 year requirement, some said we can't. Expert opinions please, many thanks.

[Penguin_ie 5,986]

You cannot bring the baby on a B2. You must go live in China (or elsewhere) with the child for 2 years if you are not going through an adoption agency and doing it the "usual" way infants are adopted.

[aaron2020 11,651]

the child will not be a relative, we have adoption plans for years, so will adopt a baby, e.g. < 3 months old from parents which have real difficulty in bringing up the child. Of course it will be hard, but we started the searching process. Consulted some immigration attorneys in US, some said we could bring the baby on B-2 to US and fulfill the 2 year requirement, some said we can't. Expert opinions please, many thanks.

You absolutely cannot bring the child to the US on a B-2 visa. The B-2 visa is a non-immigrant visa that allows a maximum 6 month stay in the US. The attorneys advising you can use the B-2 is advising you to commit visa fraud.

Let's see how this would play out at the US Embassy/Consulate with full disclosure;

Consular Officer: You want a non-immigrant B-2 visitor visa to bring your adopted child to the US for a visit? You live in the US? After your child's visit, your child would need to leave the US. So, how are you planning on caring for your child while you live in the US and your child has no legal right to live in the US? We can't issue a non-immigrant visa to allow your daughter to go live in the US. Sorry, visa denied.