adoption

[R.R. 0]

my fiance was young and in school when she had her first baby, but due to financial an parental issues she was forced to give her son up for adoption as early as posible. We have identified the family and since then, are willing to give her 5 year old son back to us if we are ready. i am willing and ready to do this with her but the problem is when i filled her k1 we did not include this kid since in reality she did not have a kid anymore.what should we do?

[NigeriaorBust 4,087]

You would have to adopt the child yourselves as legally your girlfriend is no longer related to the child. Adopting a child and having the child be able to immigrate requires that the child be in your care for 2 years.

[R.R. 0]

You would have to adopt the child yourselves as legally your girlfriend is no longer related to the child. Adopting a child and having the child be able to immigrate requires that the child be in your care for 2 years.

reading about adoption! and it states the kid got to be an orphan! what does it mean to us. since his actual mum is my wife and the adopted parent are still in the freme work.

how does he live with me for 2 year before adoption when he is in africa.

[apple21 953]

reading about adoption! and it states the kid got to be an orphan! what does it mean to us. since his actual mum is my wife and the adopted parent are still in the freme work.

how does he live with me for 2 year before adoption when he is in africa.

When she gave up her child for adoption, she surrendered all of her legal claim to the child. The adoptive parents are now the legal parents of the child and its not a simple i'll-take-my-kid-back-now-because-i'm-moving-to-america kind of thing. She cannot just brush-off or erase the adoptive parents in the picture. Sorry.

Adoption is a long and complicated process, especially if it involves immigration.

[R.R. 0]

When she gave up her child for adoption, she surrendered all of her legal claim to the child. The adoptive parents are now the legal parents of the child and its not a simple i'll-take-my-kid-back-now-because-i'm-moving-to-america kind of thing. She cannot just brush-off or erase the adoptive parents in the picture. Sorry.

Adoption is a long and complicated process, especially if it involves immigration.

what if we can prove that she was coerced into making this decision by her parent.

[NigeriaorBust 4,087]

The child is not hers anymore. It will only complicate things further is she tries to not follow the rules. The rules where put in place to keep people from adopting close relatives for immigration purposes and this time they will slow you guys down because most people don't adopt their own children back. Claiming she was forced into the adoption right when she has a visa to the US will make it look more suspect. If you are serious about the child then you / your wife will have to spend serious time in Ghana to fullfill the custody requirements for adoption.

[R.R. 0]

The child is not hers anymore. It will only complicate things further is she tries to not follow the rules. The rules where put in place to keep people from adopting close relatives for immigration purposes and this time they will slow you guys down because most people don't adopt their own children back. Claiming she was forced into the adoption right when she has a visa to the US will make it look more suspect. If you are serious about the child then you / your wife will have to spend serious time in Ghana to fullfill the custody requirements for adoption.

i need help as to what to do because my wife is ready to go and stay there if that is what it takes. she is crying everyday when she Skype with him. i need some serious help and if anyone have gone through this process before.

[Penguin_ie 5,999]

*** Moving from K1 to General Immigration as issue is not fiance visa related ****

Firstly, is the child legally adopted? What does the birth certificate say? I know in many countries, adoption is a more informal arrangement between families.

If the child has not been legally adopted, you will get many questions about not listing him on the K1 papers, and will need a DNA test to show she is indeed the bio mopm, but you could petition him as your step child.

If the child is legally adopted, then you have two options:

- Pay for the child's schooling in Africa, visit him/ have him visit you.

- You/ your wife move to Africa for a minimum of two years, adopt the child, have physical custody of him, then immigrate the child to the USA. Note there is an added complication of your wife (presumably) only being a greencard holder, so she'd loose her greencard staying in Africa so long- you'd need to wait till she is a US citizen.

[R.R. 0]

*** Moving from K1 to General Immigration as issue is not fiance visa related ****

Firstly, is the child legally adopted? What does the birth certificate say? I know in many countries, adoption is a more informal arrangement between families.

If the child has not been legally adopted, you will get many questions about not listing him on the K1 papers, and will need a DNA test to show she is indeed the bio mopm, but you could petition him as your step child.

If the child is legally adopted, then you have two options:

- Pay for the child's schooling in Africa, visit him/ have him visit you.

- You/ your wife move to Africa for a minimum of two years, adopt the child, have physical custody of him, then immigrate the child to the USA. Note there is an added complication of your wife (presumably) only being a greencard holder, so she'd loose her greencard staying in Africa so long- you'd need to wait till she is a US citizen.

thank u for the insight. i have being talking to my mother in law who arranged this adoption then. she just informed me it was informal, there was no legal procedure involved but they just wanted to help her finish school then? Where do i start from here? i am the USC

[Penguin_ie 5,999]

If it was just an informal "we'll look after the child agreement, even if they have legal guardianship of the child, then your wife is still the legal mother of the child. Ie the birth cert and any official document state her as the mother. If this is the case, you can petition the child as the step-father immediately using the I-130 (http://www.visajourney.com/content/child), and it will take less than a year to get him to the USA. Be prepared for a delay after interview, as they most likely will ask for a DNA test to prove the relationship betwen mother and child.

[R.R. 0]

If it was just an informal "we'll look after the child agreement, even if they have legal guardianship of the child, then your wife is still the legal mother of the child. Ie the birth cert and any official document state her as the mother. If this is the case, you can petition the child as the step-father immediately using the I-130 (http://www.visajourney.com/content/child), and it will take less than a year to get him to the USA. Be prepared for a delay after interview, as they most likely will ask for a DNA test to prove the relationship betwen mother and child.

she came via a k-1 and currently is a green card holder. during the proces we did not put her son's info anywhere. so how do i just file for i-130. how does it work?

[LIFE'SJOURNEY 970]

This is much more complicated rthan just going back and claiming a child, first the birth father has to sign over his legal rights to the child for migration. 2nd the birth mother has to show proof that this is her birth child aswell along with the fact that she has been providing for this child the last 5 years.

This child school records will show someone else as their parents, remember you are dealing with a high fraud country. There will be a full and through investigation.

Also can we please get the topic title changed since this child was not legally adopted. The information being presented now will not pretained to a legal adopted child thru the system.

[R.R. 0]

This is much more complicated rthan just going back and claiming a child, first the birth father has to sign over his legal rights to the child for migration. 2nd the birth mother has to show proof that this is her birth child aswell along with the fact that she has been providing for this child the last 5 years.

This child school records will show someone else as their parents, remember you are dealing with a high fraud country. There will be a full and through investigation.

Also can we please get the topic title changed since this child was not legally adopted. The information being presented now will not pretained to a legal adopted child thru the system.

i know it will be difficult, i know how high the investigation is going to be, but u dont know if u don try right? the question here is where to start.

[Penguin_ie 5,999]

I gave you a link to explain how it works.