B-2 Visa to come to US get married, adopt my daughter, and go back

[Lizz & Alvin 2]

Ok, so this is quite complicated.... Me and my fiance have already filed for a K1 visa(1/4/13). We always intended to move back to Jamaica eventually, but both of us agree now we would rather do it sooner and after learnin we would not be able to until 4 or 5 years down the line, if going through with the K1 process, decided this option was not ideal. The complications with this come in with my daughter. From the research I have done, it seems that she will not be able to get residency in Jamaica unless she is adopted by him. Her biological father left when I was 6 mos pregnant, has never seen her, and is not on her birth certificate. I was advised by a lawer that I will not be granted termination of parental rights unless there is someone willing to adopt her immediatly. My fiance has already expressed the interest in adopting her, but he will need to be in the US to do this. and therefore we cannot go there permenently until all of this is compeleted. We are at a loss as how he can come here to do this.

This is what we are thinking right now... If we let the K1 go to approval then cancel it (we feel that this would be best to show that we are not just trying to cut corners with the K1), have him apply for a tourist visa and come sort out it all out then we would all return to Jamaica. However, if he was to explain this at the visa interview and POE, how would it be recieved? We thought about showing proof... letters from my parents explaining our intent, letters from his parents explaining our intent and acceptance of us coming to live with them (on thier land, we'll have our own house), any kind of documentation I can get showing us looking at school options for her in Jamaica, adoption paperwork, letter from his employer explaining that he will be returning, letter from me explaining the situation??

I know tourist visas are difficult for Jamaican nationals and I just want to be sure that we are covering all corners and doing things legitimately so not to hinder him being able to travel in the future.

We have thought about going through with the K1, have him come here, and then sort it out... but I can garuntee that it will take longer than 90 days to complete all this and if he overstays that may hinder future travel for him.

Any advice is greatly appriciated!!

[Kazulie 132]

If it's hard for jamaicans to come here on a visitors visa, then it's going to be next to impossible for him to come once they see he has applied for a K1 and cancelled it.

just go through with the K1, when he gets here, marry and apply for adjustment of status as soon as he gets here. that should take HOPEFULLY no more than 6 months. When he gets his green card and the adoption situation is settled, then you guys can move to Jamaica. He will lose his green card, but at least you followed the rules and if you were ever to try for a green card again there shouldn't be much of an issue.

Edited March 16, 2013 by Kazulie

[Boiler 45,658]

No need to adjust status, get married and leave.

[Lizz & Alvin 2]

No need to adjust status, get married and leave.

This process is going to take well over 90 days meaning that he will be here illegally if we don't adjust status. That would prevent him from traveling in the future. I want him to be able to take trips with me eventually back home.

[Boiler 45,658]

Then adjust.

[Kazulie 132]

That's why I said to follow through all the way through adjustment of status. That way all that will happen is he will lose his green card. Which is something much easier to come back from then to be here out of status and such. It will still be somewhat of an issue if you want to apply again for the greencard after losing it, but easier than what you would go through if you were out of status and such.

[LIFE'SJOURNEY 970]

Why are you doing this backward,

1. get married. anywhere

2. File papers to adopt he child

3. Once adopion is final, have child o follow to Jamaica

Does the law in the US says the step-father must be on US soil?

Don't understand why step-father must be in the US?

Have you talked to a lawyer in Jamaica on the residence?

[Lizz & Alvin 2]

Why are you doing this backward,

1. get married. anywhere

2. File papers to adopt he child

3. Once adopion is final, have child o follow to Jamaica

Does the law in the US says the step-father must be on US soil?

Don't understand why step-father must be in the US?

Have you talked to a lawyer in Jamaica on the residence?

I have not discussed with this with a lawyer in Jamaica. My fiance is going to contact his uncle, who is a lawyer, to get more info on that end... but everything I have read seems this is the case... as for filing adoption papers... in NC it states that the adoptive step parent must live in the home with the child for 6 months prior to filing the adoption petition.

[Lizz & Alvin 2]

That's why I said to follow through all the way through adjustment of status. That way all that will happen is he will lose his green card. Which is something much easier to come back from then to be here out of status and such. It will still be somewhat of an issue if you want to apply again for the greencard after losing it, but easier than what you would go through if you were out of status and such.

I am seeing that this may be the only route... However, paying the AOS fee on top of the termination of parental rights fee, adoption fee's, lawyer fees, and moving costs, just does not seem possible. I've researched the overstay issue and from what I can tell, as long as he does not stay here longer than 9 months after the 90 day period, he will not get a ban. I understand that it would look negativly on him if he does apply for a visa in the future, but if showing court records of why there was the overstay and there was never the intent to stay permanently, hopefully this will be overlooked. This would give us a year to get things worked out... that may be possible.

[Kazulie 132]

Well don't do that!!! Lol

Immigration is not going to enjoy being told that he came over on a k1 but never had the intention on staying. K1s are visas to get finances over here to marry a USC and then live here. It's not a "I can't get to America on a visitors visa, so lets do a k1 and then abandon it". They will NOT appreciate that at all.

[Lizz & Alvin 2]

Well don't do that!!! Lol

Immigration is not going to enjoy being told that he came over on a k1 but never had the intention on staying. K1s are visas to get finances over here to marry a USC and then live here. It's not a "I can't get to America on a visitors visa, so lets do a k1 and then abandon it". They will NOT appreciate that at all.

I don't know what to do!! I honestly dont see filing AOS financially possible with everything else we are needing to do.... I think it's completely rediculous that someone who has shown no interest in his child and has made no contributions since prior to her birth can have parental rights and on top of that the state will refuse to terminate them!!! He was even served child support papers while incarcerted and ignored them, now he's out... who knows where he is... he's never going to contribute so just LET IT GO!!!! This is the only thing holding us back right now... it's like the government gives you no other option than to do things illegally!!

I do appriciate all your adivce though!!

[Kazulie 132]

I don't know what to do!! I honestly dont see filing AOS financially possible with everything else we are needing to do.... I think it's completely rediculous that someone who has shown no interest in his child and has made no contributions since prior to her birth can have parental rights and on top of that the state will refuse to terminate them!!! He was even served child support papers while incarcerted and ignored them, now he's out... who knows where he is... he's never going to contribute so just LET IT GO!!!! This is the only thing holding us back right now... it's like the government gives you no other option than to do things illegally!!

I do appriciate all your adivce though!!

Does the law say he must live with the child IN THE US?!?! Can you guys just move there and then 6 months later start the adoption process?

[N-o-l-a 7,168]

Does the law say he must live with the child IN THE US?!?! Can you guys just move there and then 6 months later start the adoption process?

I don't know about the courts in that state, but in my state, I believe all parties must be resident in the state. Someone on a B-2 Visa is not resident in the state, they are resident in their home country. I don't think the courts will look too highly on a visa overstayer adopting a child. That indicates that the parent does not follow laws and it might not be in the best interest of the child to have that person as a legal parent.

Figure out your priorities - then act accordingly and legally. I know for us, it was more important to be together as a family and we knew in Denmark that adoption can only take place after 2 years of living together. Frankly, I think that is a good bit of time that proves some degree of stability for the child. Even after we move back to America, we are probably going to wait until the 2 years point because it is in my daughter's best interest to make sure our marriage is very stable and is going to last.

Edited March 16, 2013 by Nola123

[Shiobhan 235]

Why not marry be stable, have enough funds then go for adoption, someone on a visiting visa cannot adopt

and you R not getting a fight from the biological dad , so you got some time, good luck

[Lizz & Alvin 2]

Why not marry be stable, have enough funds then go for adoption, someone on a visiting visa cannot adopt

and you R not getting a fight from the biological dad , so you got some time, good luck

The ugency to get back to Jamaica relys on his job. He has his own 7 seater vehicle, is registered with the Jamaican Tourist Board, and a member of JUTA Tours. This is a good opportunity for us to start a life out there. If we spend too much time over here, he may lose all that and we will need to start from scratch which will make is almost impossible for the move. We both wanted to move out there eventually after completing the K1 process from the beginning, but this makes it more urgent to do so sooner rather than later.

Bio dad is not in the picture nor has he ever been. He left when I was 6 mos pregnant, wasn't there when she was born, and has never seen her... She will be 5 in August. I don't know where he is and don't care to look for him. He was served child support papers while he was incarcerated but did not respond. It's obvious he does not want to take legal responsibility for her, but yet the lovely state of NC says he does, even thought now that he's out, they cannot find him to enforce them.