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Filed: K-1 Visa Country: Canada
Timeline
Posted

I havent delved too far into it, have to talk it over with both parents and the other grandmother, but...we seem the only viable option for this little baby.

I breezed over info, he isnt an orphan obviously, but we also haven't had custody of him for 2 years, he is only 4 months old.

If I brought him here, as a visitor (?) with us having custody, for 2 years then adopting him, then applying for all the stuff, or should we adopt, bring him here as visitor.....

omg such a nightmare for such a precious baby. Parents both too young and immature to handle this :(

other gramma also a single mom with another child at home, doesnt need the extra burden, but in the end it may be a custody fight. I just want to know if I fight and win will I be able to bring him home?

My son will agree in a heartbeat, the babys mom likely too, she is realizing she cant do it alone....but the maternal gramma may be a tough sell.

just so heartbroken for this little boy...everyone loves him, everyone wants him, but the only ppl who are properly capable of raising him are probably not going to be allowed!!!

12/25/2001 : Met on telephone thanks to mutual friend

03/02/2001 : Met face to face at a concert in Sault Ste Marie Michigan

07/06/2004 : I-129F Sent

07/19/2004 : I-129F NOA1 (Receipt)

10/20/2004 : I-129F NOA2 (Approved)

11/01/2004 : Package Received By NVC

11/04/2004 : Rec'd Instructions (Pkt 3)

07/01/2005 : Completed Instructions (Pkt 3)

09/01/2005 : Rec'd Appointment Letter (Pkt 4)

11/07/2005 : Interview!!!

11/20/2005 : Visa Received

12/03/2005 : US Entry, finally home

02/04/2006 : Wedding !!!

02/13/2006 : AOS, AP & EAD filed

02/16/2006 : AOS, EAD & AP rec'd

02/24/2006 : NOA for AP rejected (I ticked wrong box duh0

02/27/2006 : NOA for AOS, EAD

03/13/2006 : Biometrics appt

03/05/2006 : amended AP application rec'd

03/09/2006 : NOA for AP

04/06/2006 : RFE for AOS (co-sponsor affidavit)

04/07/2006 : AP approved

04/13/2006 : AP recieved

05/25/2006 : EAD approved

05/29/2006 : used AP for the first time

06/01/2006 : EAD rec'd

07/04/2006 : AP used again to pick up my son, activated his visa (he was a follow to join)

07/13/2006 : AP touched ??? (possibly because I used it july 4th?)

08/01/2006 : Interview date

08/12/2006 : AOS touched

08/14/2006 : Gerrys biometrics

10/10/2006 : AOS interview for Gerry

10/28/2006, 11/11/2006, 11/18/2006, my AOS touched ; 10/12/2006,12/04/2006 : Gerry's AOS touched

12/07/2006 : AOS APPROVED !!!!!!!

12/16/2006 : GREEN CARDS IN HAND!

09/24/2008 : Apply for Removal of Conditions

09/26/2008 : 1 Yr Conditional Resident Extention

11/01/2008 : Biometrics for both of us

01/??/2009 : 10 Year Green Cards!!!

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

You probably will need a lawyer. As you are aware even if an adoption is perfectly legal under local law, USCIS can refuse to recognize it for immigration purposes if the child is not an orphan as defined by USCIS regulations.

While I admire your effort to care for your grandchild, what you are suggesting is having the child enter the US as a tourist with the intent to immigrate which would be immigration fraud on your part. That may put any immigration petitions you may file in the future at risk of being rejected.

On another note, can you get the mom to sign the adoption paper if the other grandmother is going to give you a fight? I am picturing kidnapping charges if she ever change her mind without a legal adoption occurring and you having physical custody of the child in the US.

Edited by aaron2020
Filed: K-1 Visa Country: Canada
Timeline
Posted

never even though about that ...the tourist thing being fraud

im just so tired and killer headache over it all Im not thinking straight, I just want to hug that baby and never put him down and Im 5 hours away :(

i am certain i can get both parents of the child to agree to adoption or at the very least a custody agreement, its the best thing for the baby, i know maternal grandma loves the boy she just cant do it alone with another child of her own at home, working full time....

i dont know, maybe I will just bring him here for the summer so everyone there can get thier heads screwed on straight and thier feet planted on the ground.

I think they are all just overwhelmed with it all right now.

mom and dad arent together, mom lived with her mom, her mom threw her out recently, im not even 100% who has the boy at the moment and its killin me!!! dad (my son) is in the midst of moving so i cant even get ahold of him!!!

its strange tho that a child who is adopted wouldnt be given the same consideration as status as a child of the parent who adopted him/her as would be if it were biological. I guess I can appreciate the reasons...to circumvent people from 'adopting' relatives who wouldnt otherwise qualify...

I guess a couple lawyers are needed, family and immigration. I did mine on my own but I dont think I cna handle this one alone.

Do things change once I am a citizen? Or same rules apply?

12/25/2001 : Met on telephone thanks to mutual friend

03/02/2001 : Met face to face at a concert in Sault Ste Marie Michigan

07/06/2004 : I-129F Sent

07/19/2004 : I-129F NOA1 (Receipt)

10/20/2004 : I-129F NOA2 (Approved)

11/01/2004 : Package Received By NVC

11/04/2004 : Rec'd Instructions (Pkt 3)

07/01/2005 : Completed Instructions (Pkt 3)

09/01/2005 : Rec'd Appointment Letter (Pkt 4)

11/07/2005 : Interview!!!

11/20/2005 : Visa Received

12/03/2005 : US Entry, finally home

02/04/2006 : Wedding !!!

02/13/2006 : AOS, AP & EAD filed

02/16/2006 : AOS, EAD & AP rec'd

02/24/2006 : NOA for AP rejected (I ticked wrong box duh0

02/27/2006 : NOA for AOS, EAD

03/13/2006 : Biometrics appt

03/05/2006 : amended AP application rec'd

03/09/2006 : NOA for AP

04/06/2006 : RFE for AOS (co-sponsor affidavit)

04/07/2006 : AP approved

04/13/2006 : AP recieved

05/25/2006 : EAD approved

05/29/2006 : used AP for the first time

06/01/2006 : EAD rec'd

07/04/2006 : AP used again to pick up my son, activated his visa (he was a follow to join)

07/13/2006 : AP touched ??? (possibly because I used it july 4th?)

08/01/2006 : Interview date

08/12/2006 : AOS touched

08/14/2006 : Gerrys biometrics

10/10/2006 : AOS interview for Gerry

10/28/2006, 11/11/2006, 11/18/2006, my AOS touched ; 10/12/2006,12/04/2006 : Gerry's AOS touched

12/07/2006 : AOS APPROVED !!!!!!!

12/16/2006 : GREEN CARDS IN HAND!

09/24/2008 : Apply for Removal of Conditions

09/26/2008 : 1 Yr Conditional Resident Extention

11/01/2008 : Biometrics for both of us

01/??/2009 : 10 Year Green Cards!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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