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How can a US citizen bring the children of his wife's sister to the US (with a twist from the normally asked question)

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Filed: Citizen (apr) Country: Thailand
Timeline

Normal circumstances I know this would be basically impossible or very time consuming.

Here is a bit of a back story as to why I want to try to do this:

-My wife is in the US and has a green card.

-We recently finally got her daughter(age 4) over to the United States because I petitioned for her to be able to come join us.

-My wife had a sister who was the mother of 2 children now age 6 and 7.

-My wife's sister was never married to the biological father of either of those children and he is not a part of their lives nor has been for the past 5 years.

-My wife's sister sadly died and the children are now left without parents.

-The children currently live with Grandpa and Grandma in Thailand on a farm.

On our most recent trip back to Thailand it really started to bother me that I was going to be separating the children and taking my wife's daughter back with us to the United States while leaving the other 2 children there in Thailand. They are not naturally ours, but my wife and I have stepped in the best way we know how to try to fill the role of parents for both of the children.

If there was a way to get them to the United States, I could support them financially and look after them a lot better than I can when they are living half way across the globe on a farm with people getting up there age wise.

I'm looking for ideas or ways I can do this in the shortest time frame possible. I know this will be a lengthy and most likely expensive endeavor.

My ideas were to have my wife try to adopt the children on the Thai side so that they show they belong to her. From there, Id think we could petition them to come to the US.

Or would it be a better route to try to adopt them from the US? I have no idea if that is even possible.

Any suggestions or follow up are very much appreciated.


10/03/13: N400 Sent to Dallas Service Center
10/11/13: Received
10/16/13: NOA
11/06/13: Biometrics
01/13/14: Passed Interview!
05/16/14: Oath Ceremony. Finally Finished!

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Normal circumstances I know this would be basically impossible or very time consuming.

Here is a bit of a back story as to why I want to try to do this:

-My wife is in the US and has a green card.

-We recently finally got her daughter(age 4) over to the United States because I petitioned for her to be able to come join us.

-My wife had a sister who was the mother of 2 children now age 6 and 7.

-My wife's sister was never married to the biological father of either of those children and he is not a part of their lives nor has been for the past 5 years.

-My wife's sister sadly died and the children are now left without parents.

-The children currently live with Grandpa and Grandma in Thailand on a farm.

On our most recent trip back to Thailand it really started to bother me that I was going to be separating the children and taking my wife's daughter back with us to the United States while leaving the other 2 children there in Thailand. They are not naturally ours, but my wife and I have stepped in the best way we know how to try to fill the role of parents for both of the children.

If there was a way to get them to the United States, I could support them financially and look after them a lot better than I can when they are living half way across the globe on a farm with people getting up there age wise.

I'm looking for ideas or ways I can do this in the shortest time frame possible. I know this will be a lengthy and most likely expensive endeavor.

My ideas were to have my wife try to adopt the children on the Thai side so that they show they belong to her. From there, Id think we could petition them to come to the US.

Or would it be a better route to try to adopt them from the US? I have no idea if that is even possible.

Any suggestions or follow up are very much appreciated.

I've sort of checked into this myself for my niece. I was told the adoption would be difficult in Thailand since her mother is still alive. Father is long gone. I think the USCIS part shouldn't be too difficult. The Thai adoption part might be the difficult process. Might be easier since for all intents and purposes the children are now parentless.


Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

As far as the immigration side (as opposed to the adoption side), I think it's going to be easier for you than it normally is. Children being brought to live in the US must either qualify as a "child" or an "orphan," both of which have fairly specific definitions. Since the father has had nothing to do with them, you can make a persuasive case that the kids have been abandoned by him, and now that the mother has passed away (sorry for the family's loss...), then they should be considered orphans. You'll have to prove the abandonment though.


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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Filed: Citizen (apr) Country: Thailand
Timeline

As far as the immigration side (as opposed to the adoption side), I think it's going to be easier for you than it normally is. Children being brought to live in the US must either qualify as a "child" or an "orphan," both of which have fairly specific definitions. Since the father has had nothing to do with them, you can make a persuasive case that the kids have been abandoned by him, and now that the mother has passed away (sorry for the family's loss...), then they should be considered orphans. You'll have to prove the abandonment though.

I was originally thinking the same thing, that this shouldnt be too big of a deal since there are no real parents involved now. Id say my opinion of this changes because of our daughter's recent experience at the US Embassy. Her biological father has never been around. I had letters from witnesses and the amphur saying that the child was in my wife's custody only, he paid no support ever, and hasnt been around in years.

The embassy refused to take that and in the end I spent over a month tracking down the dead beat dad and I eventually had to have him show up at the Embassy and he had to sign away rights.

So that part scares me with the two children. Trying to find the original father would be so much harder this time around.

Im mainly wondering the best plan for getting the ball rolling on this. Id assume the Amphur in Udon Thani would have to supply documentation saying the children now belong to my wife. Id hope if it got that far, meaning the government recognizes my wife as the official parent now, Id hope the US Embassy wouldnt have the same issue with it as they did with our daughter's case.


10/03/13: N400 Sent to Dallas Service Center
10/11/13: Received
10/16/13: NOA
11/06/13: Biometrics
01/13/14: Passed Interview!
05/16/14: Oath Ceremony. Finally Finished!

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

I was originally thinking the same thing, that this shouldnt be too big of a deal since there are no real parents involved now. Id say my opinion of this changes because of our daughter's recent experience at the US Embassy. Her biological father has never been around. I had letters from witnesses and the amphur saying that the child was in my wife's custody only, he paid no support ever, and hasnt been around in years.

The embassy refused to take that and in the end I spent over a month tracking down the dead beat dad and I eventually had to have him show up at the Embassy and he had to sign away rights.

So that part scares me with the two children. Trying to find the original father would be so much harder this time around.

Im mainly wondering the best plan for getting the ball rolling on this. Id assume the Amphur in Udon Thani would have to supply documentation saying the children now belong to my wife. Id hope if it got that far, meaning the government recognizes my wife as the official parent now, Id hope the US Embassy wouldnt have the same issue with it as they did with our daughter's case.

Hm, I'm just not sure that last sentence true. We've looked into bringing my husband's niece over, and I did a bit of basic research. And the consensus seemed to be that legal adoption does NOT guarantee a visa for the child. You have to prove that they're either yours or they qualify under the INA's definition of orphan.

The thing with your wife is slightly different since they're required to have permission from both parents to allow a child to leave the country. I'm not sure what the standards will be if they're adopted...it's all quite confusing. I think the best thing is to look for a lawyer who specializes in transnational adoption.

Edited by Leigh Ann

Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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Filed: IR-1/CR-1 Visa Country: Ethiopia
Timeline

Hi

I would research adoption agencies in Us (you have to meet requirements here in order to get approved via uscis for their visas) that do adoptions from Thailand and see what they recommend for you guys to do since you have "identified children" .You might then be able to petion for them through orphan visa after getting approved for adoption yourselves via homestudy and other paper requirements. I do not know how easy or difficult it is to adopt from Thailand independantly vs with an agency but they should be able to point you to the right direction.

One place to start: http://www.rainbowkids.com/countries/CountryGuideLines.aspx?id=84 and http://adoption.state.gov/country/thailand.html

Good luck!


Beautiful Ethiopia:

USCIS

I 130 sent 5/22/10

I 130 receipt- NOA1 5/28/10

touched 6/1/10

NOA2 10/25/10 (150 days)

NVC

NVC # 11/10/2010 (got through 11/15/2010)

DS 3032 emailed 11/15/2010

IID issued 11/17/2010

AOS fee paid 11/18/2010

DS3032 mailed 11/18/2010

AOS fee accepted 11/19/2010

hardcopy for IIN received 11/18/2010

AOS package sent 11/20/2010

AOS package received at NVC 11/23/2010

DS 3032 received 11/24/2010 per operator('received' per NVC email 11/29/10)

IV Bill generated 11/29/2010 (email notice 11/30/2010)

IV Bill paid 12/02/2010 -accepted 12/4/2010 by NVC

IV documents sent 12/15/2010 (mail trouble)

IV docs received 12/20/2010 NVC signed receipt (12/23/10 per system response)

SIF 01/10/2011

case complete 01/11/2011 (63 days from case#)

EMBASSY

INTERVIEW DATE 5/3/2011 (yes... 4 months from CC ???!!!)

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Filed: Citizen (apr) Country: Thailand
Timeline

Hi

I would research adoption agencies in Us (you have to meet requirements here in order to get approved via uscis for their visas) that do adoptions from Thailand and see what they recommend for you guys to do since you have "identified children" .You might then be able to petion for them through orphan visa after getting approved for adoption yourselves via homestudy and other paper requirements. I do not know how easy or difficult it is to adopt from Thailand independantly vs with an agency but they should be able to point you to the right direction.

One place to start: http://www.rainbowkids.com/countries/CountryGuideLines.aspx?id=84 and http://adoption.state.gov/country/thailand.html

Good luck!

Thank you for the links! Im reading both of those places now.

Anyone know of or recommend a transnational adoption lawyer?


10/03/13: N400 Sent to Dallas Service Center
10/11/13: Received
10/16/13: NOA
11/06/13: Biometrics
01/13/14: Passed Interview!
05/16/14: Oath Ceremony. Finally Finished!

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