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Manuel_D78

My US girlfriend non-Hague adopting one or two children from Fiji and bringing them to the US (bonus: me (German) marrying my girlfriend

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Hello

How many people find this forum, wishing they found it much much sooner?

Here the story in short:

My girlfriend is a US citizen, resident of Denver, CO

Last year, while on vacation in Fiji, she did volunteer work at an orphanage. She met a girl there that she decided to adopt. My girlfriend is still young, but for medical reasons (more later) cannot get children on her own anymore.

A Hague adoption, as I understand through research up until today, is impossible for 2 reasons:

  • my girlfriend pre-selected the child
  • the US has stopped any Hague adoption process with Fiji

That leaves, to my best knowledge, the following process:

"Full and final domestic adoption abroad followed by U.S. immigration under Immigration and Nationality Act (INA) section 101(b)(1)(E) as an “immediate relative” (I-130 process)"

but this process includes the following problem.

U.S. citizens must complete the minimum two years of legal and physical custody of the child outside of the United States when the adoption occurs in a country that is party to the Convention, such as Fiji

I understand that the Hague process is meant to block the horrible crimes of child trafficking and if the process is not in place, this two year blockage should discourage any criminals.

Please, I hope there are possibilities to speed this up.

The government of Fiji approved the adoption from its side. It requires her to stay in Fiji 4-5 months for a local adoption. That will be all ok.

Is any of the following reasons good to get the case

- the immense cost of a move now and again back to the US later

- is it smart to talk about the medical condition of my girlfriend to the US? She is required a medical checkup 4 times a year with the doctors who are familiar with her. And, truth be told, I want her near a top medical facility, as in Denver, all the time. I don't want the US government to say "She is too sick to adopt anybody"

- I am currently not residing in the US, but of course plan to. I can pretty sure get a job with a friend of both of us, if i can move within this year. If I would need to

- are the living conditions of the children in that orphanage a point?

I need hope that the 2 year part can be sped up.

Is it correct that after the Fiji process of a few months, the I-130 is all necessary for the child?

Bonus: Should I marry her before the 4 months Fiji local adoption process? Would that benefit the speedup of the US 2 year period? If yes, then how

Thank you

Manuel

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Has she consulted with a Lawyer versed in adoption.

As far as I am aware there may be a possibility of speeding up the I 130 but needs the 2 years to qualify to file.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you

She is in contact with an adoption lawyer in Fiji for the local Fiji process. He has also informed her about the two year wait until she can get back to the US.

But I agree, maybe a US based adoption lawyer could know more. The main problem is of course the 2 year wait. It will disrupt the life we currently have and the one we plan for.

She, or both of us, would need to spend huge amounts of money to move there and later move again.

And she needs very good medical care. I do not know about Fiji. And anyways she needs her check up with her doctors 4 times a year. So Fiji-Denver and back 4 times a year, or 8 times in that required wait time.

I would just hope that there is somebody from UCIS, DHS, Department of State, who can review the specific case and recognize that this is no case of child trafficking and that for the circumstances, it would be better for my girlfriend and for the child, to enter the USA sooner.

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Just a thought, she moves to Germany and you adopt from Germany, sounds like a win win.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Her job is in Denver, a friend wants to create a company in Denver with me. Cost of living in Denver is amazingly lower than in Munich...

And although I already started to ask questions to the respective German government institutions, it seems roughly that any fully Hague-compliant nation, be it USA or Germany, handles it pretty much alike. Which would be the idea of the Hague convention anyways, the way I understand it.

Is anybody thinking, it would interest any decision maker in the US, if we show them the living conditions in this orphanage? If we showed social services in Denver that any child in the area lived like that, they'd immediately rush there with police.

Probably I make a thinking mistake and I need to address different contacts to cut the 2 year wait and to speed up I-130

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These laws are also meant to make sure there is a real commitment to the child involved and this isn't like people who go to the pet store , buy a puppy, get bored and dump it later. ( It has happened so many times that some countries no longer always US citizens to adopt children ) If she can't put in the commitment to meet these requirements it may be best for all involved to stop the process now. I am sure the living conditions of the orphanage is pretty standard for the country. I know school and homes in Nigeria's poorer sections are pretty bad yet would not be unusual for Nigeria. If you are committed to the child then you will find a way to make it work. If she is not well enough to live in Fiji for the required amount of time then she is not well enough to deal with raising a child. It is a lot of work to raise a child, they are very demanding and energetic creatures.


This will not be over quickly. You will not enjoy this.

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I certainly would not ignore the German option, there may be more flexibility.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes, I understand that many places in the world might compare bad against a 1st world standard.

There is no doubt about the commitment of my girlfriend. :no: She is even willing to live in Fiji for two years. And she certainly has a long personal experience with child care (hence why she is doing volunteer work in the orphanage). But i argue that the money involved spending for making the move twice could be much better spent on the child

For me to move the insides of my small 50 square meter appartment from Munich to Fiji, it requires just one standard shipping container. Yet it will require me (2 estimates in yet) 8 - 10 000 €

And then maybe a little less for moving Fiji - Denver

And the move of my girlfriend Denver - Fiji - Denver

If we put a low estimate of 25 000 €, imagine what we could spend it on the child instead.

I am not offended by your point that this tests commitment and to question our commitment. I get your point. It is a good point indeed.

But could we show commitment with less waste of money and better invested in the child?

My girlfriend and I are surely not misunderstanding a child with a pet turtle and we have both experience with children of pretty much all ages.

You do not mean to insult, I very well know that, but the thought of dumping a child is completely contrary to our shown intention of adoption and we do volunteer work for the orphanage.

Any natural mother could have the same health condition as my girlfriend. That does not make unfit for raising a child. But you surely understand that it would be preferable to keep them near the doctors who already know her? That must count for something.

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Nobody has really directly stated this, and I hate to be the poster of bad news, but there is no way to shorten the two years. It is a requirement for the adoptive parent to then be able to file for an IR-2 visa (child of a US citizen) as opposed to an IR-3 or IR-4 (adopted child). Without the two years of legal and physical custody, the children will not qualify to immigrate to the US -- she can adopt them according to Fijian law, but they still wouldn't be able to immigrate. Unfortunately, the conditions of the orphanage have no bearing on the issue -- there are horrible orphanages in all too many countries. Plus, once they are in her legal/physical custody, it is assumed they are no longer living in the orphanage anyway. Good luck with your plans; hope you can work it all out.

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I thought I did which is why we had moved on to Germany?

Anyway the point about them being in their care is valid, you want to speed up the process because of the bad conditions you are keeping them in, an unusual sell.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Is there a reason you can't store your belongings in a storage unit in Munich/Colorado and instead have to drag it all to Fiji?


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I moved over with just my suitcases, did a clear out, most stuff is not worth the cost of transportation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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