IR-2 in a haugue country?

[Visa?? 1]

Hi, my wife and I live in Haiti with the two children we will be adopting. Although we are both us citizens, we would like to adopt them as Haitian residents ( we meet the requirements to do so) and then immigrate them on an IR-2 visa. We know we need both physical and legal guardianship for 2 years as well as an adoption decree. We have talked to a US immigration attorney about our case and she isn't sure if it's even possible for people to immigrate children this way once a country has ratified the haugue. Does anyone know if this is a possibility still? Are IR-2 visas only available for non-haugue countries?

Also, what would we need to prove we are "habitually" residing here in Haiti based on US standards? We are legal Haitian residents, pay taxes here, and have many vehicles in our names. The attorney we have talked to doesn't know what we need to qualify for this.

Thanks!

[Boiler 47,212]

You mean Hague.

[Visa?? 1]

Yes sorry!

[CBCH 2]

Following. Please keep me posted on what you find out.

Thanks

[jan22 3,164]

Once you have met the legal requirements (final adoption, legal and physical custody for two years, etc), you file I-130s (separate one for each) for an IR-2 for your children.

You only have to follow the Hague procedures when you don't meet the qualifications to file for an IR-2. From ttp://adoption.state.gov/us_visa_for_your_child/visas.php :

Child's Eligibility

Children being adopted abroad must be found eligible to immigrate under the U.S. Immigration and Nationality Act (INA) in order to reside in the United States. Because adoption laws vary from country to country, it is sometimes possible to adopt a child abroad who does not qualify for immigration under U.S. law; such children cannot immigrate to the United States.

Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. Citizenship and Immigration Services (USCIS) I-130 petition (Petition for Alien Relative) and receive an immigrant visa in the IR-2 category.

Most U.S. citizen prospective adoptive parents, however, are unable to live abroad to satisfy the two-year requirement. In such cases, children being adopted obtain an immigrant visa in one of two ways: one process applies to children in Hague Adoption Convention countries, and a separate process applies to children in countries that are not party to the Hague Adoption Convention. To learn which process to follow, check the State Department's list of Convention countries.

[sirena1296 0]

I adopted a child of a hauge country... I adopted him as a national, as I am resident of Mexico. I completed the two year legal and physical custody requirements. I filed I-130, this past sept 2013. I just rec'd my appointment letter..July 22.

Make sure the adoption is a FULL adoption. The adoption papers were sufficent to prove legal custody and my resident papers proved i was physically here for physical requirement. And in the adoption papers there were several witnesses who had testified to us living together as mother and son!

Read..read...read... everything you can on USCIS website..pertaining to "other" adoptions ... because as residents of that country..you don't follow hague nor nonhague rules...

Good luck!