PENDING IMMIGRANT AND ADOPTION

[1965angelbaby 0]

MY HUSBAND IS A PENDING IMMIGRANT WITH A VISA APPT. DATE OF JAN. 28,2012. WE HAVE ADOPTED A CHILD FROM MY HUSBANDS HOMELAND AND WILL TAKE THE CHILD WITH US. MY PROBLEM IS WE DON'T HAVE THE ADOPTION DECREE FOR THE CHILD YET. WE ARE IN THE THREE MONTH PROBATIONARY PERIOD RIGHT NOW.

WE WOULD LIKE TO KNOW ABOUT ADDING THE CHILD TO THE CASE WE ALREADY HAVE TO SAVE TIME AND PAPERWORK AND MONEY IF POSSIBLE. HOW DO WE GO ABOUT IT?? THE EMBASSY IS TELLING US WE NEED TO FILL A FORM I-600 BUT I DON'T THINK THEY REALIZE WE HAVE A PENDING CASE ALREADY WITH MY HUSBAND SO WE ARE TRYING TO FIGURE OUT HOW TO NAVIGATE THIS IN THE SHORTEST POSSIBLE TIME TO BE IN LINE WITH MY HUSBANDS VISA. ANY HELP WOULD BE GREATLY APPRECIATED. GOD BLESS U!!!!

[Inky 1,111]

I believe its a different process.

From USCIS it looks like you have to prove things and file different papers.

United States immigration law provides three different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=724c18a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=724c18a1f8b73210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d0d049c62ed6e210VgnVCM100000082ca60aRCRD&vgnextchannel=d0d049c62ed6e210VgnVCM100000082ca60aRCRD

[bdawn 66]

If you're a U.S Citizen who has petitioned for your husband and intending to use the same petition to cover your adopted child, it's not possible. Both your husband and the adopted child are immediate relatives and requires separate petition. There's no derivatives for immediate relative cases.

I believe its a different process.

From USCIS it looks like you have to prove things and file different papers.

United States immigration law provides three different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual's adoption meets all the requirements of that specific process.

http://www.uscis.gov...000082ca60aRCRD

http://www.uscis.gov...000082ca60aRCRD

[NigeriaorBust 4,090]

You said "we" are adopting. Are both of you listed on the adoption petition ?

[Brother Hesekiel 2,236]

. . . and how old is the child?

[Penguin_ie 6,003]

Is the child an orphan? Adoption in the homeland, even if legal there, is not necessarily sufficient for immigration purposes. Usually, the child must be an orphan and in the legal custody of the adoptive parents for 2 years prior to immigration.

[1965angelbaby 0]

THANK U ALL FOR YOUR REPLIES ON THIS. THE HELP IS GREATLY APPRECIATED. @ NIGERIAORBUST YEAH WE ARE BOTH ON THE ADOPTION DECREE. @ BROTHER THE CHILD IS 9 MONTHS OLD NOW. @ PENGUIN, YES HE IS AN ORPHAN AS CLASSIFIED IN THE U.S. LAWS.