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thania

Legality question pls advice

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I'm a US citizen, married. My sister outside the country is pregnant for her second child. She and her boyfriend are both unemployed. They want me to adopt the baby. My question are:

1. When the baby is born (God permits), is it legal for USA policy if the baby would have us as the parents be written in the birth certificate right away, rather than going through the expensive and complicated process of adoption ?

2. Would the US embassy question us because I won't be there when the baby is born?

In my country where they live it's legal but I'm not sure if USA would take it. Thank you very much!

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If you mean for immigration purposes then no, that would not count. The child needs to be an orphan, or in your physical custody for at least two years (ie you move back to your home country after adopting the child and it stays in your home there with you for 2 years) before you could apply for an immigration visa.

Your other options are to petition your sister for a visa (takes 10+ years), or send money for the child's upbringing back home.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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The requirements for the immigration petition for adopted child are:

Adoption occurs prior to the 16th birthday of the child;

Two years residence with the child;

Two years custody over the child by you; and

The adoption must be finalized.

And since the OP is related to the child, they must be an Orphan.

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1. No. This is totally illegal. It's falsification of a legal document (like faking a marriage certificate or divorce papers etc). I recall someone else doing something like this.. though she was here already and trying to petition her "mother" but because the mother wasn't the birth mother they wanted adoption papers. The girl had also stated on HER paperwork when she immigrated that this woman was her birth mother (presenting the fake birth certificate) so it caused a lot more issues than you would think.

2. Yes. It wouldn't work and you could get into some severe trouble for telling USCIS this is your biological child when it's not.

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The requirements for the immigration petition for adopted child are:

Adoption occurs prior to the 16th birthday of the child;

Two years residence with the child;

Two years custody over the child by you; and

The adoption must be finalized.

Which makes me wonder how comes Angelina Jolie and Madonna are able to adopt African babies without residing with said babies for 2 years in Africa. And not just the celebrities. A doctor that I work for just adopted (last year) a child from an Asian country and all she asked for was a 30 day vacation.

Can someone please shed some light on this?, coz it seems that something is wrong with this picture. I know way too many people who adopted foreign children and did not meet the "two years residence with child". Americans would not be able to adopt foreign children if that was the case. Either that, or the children/babies were given 2 year visitors' visas so they may meet that requirement.

Plus, Madonna's adopted child, I think his name is Banda, has a father (a poor father)yet she was able to adopt him?

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Which makes me wonder how comes Angelina Jolie and Madonna are able to adopt African babies without residing with said babies

Those are orphans, usualy going through an official adoption agency. Most family "adoption" do not involve orphans.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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If you have $100,000,000.00 or more, you can choose your baby in any gender or color, as long as it's from Africa or Asia.

Money goes a long way when it comes to permits in a third world country.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Which makes me wonder how comes Angelina Jolie and Madonna are able to adopt African babies without residing with said babies for 2 years in Africa. And not just the celebrities. A doctor that I work for just adopted (last year) a child from an Asian country and all she asked for was a 30 day vacation.

Can someone please shed some light on this?, coz it seems that something is wrong with this picture. I know way too many people who adopted foreign children and did not meet the "two years residence with child". Americans would not be able to adopt foreign children if that was the case. Either that, or the children/babies were given 2 year visitors' visas so they may meet that requirement.

Plus, Madonna's adopted child, I think his name is Banda, has a father (a poor father)yet she was able to adopt him?

There's an excellent article here that explains how Madonna and Angelina Jolie adopted and immigrated their children:

http://www.immigration.net/Blog/?tag=adoption-international-adoption-madonna-malawi-juli


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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