Jump to content
cdy

Bringing granddaughter to US ( after adoption or being named guardian)

18 posts in this topic

Recommended Posts

My wife ( fiance at the time) and  2  stepdaughters moved back to US with me 6 years ago - everything went fine, they are not citizens yet -maybe later this year. However the oldest daughter stayed behind in Colombia - she was young and just had a baby -  now a 6 year old and for various reasons both parents in Colombia have agreed to either let us adopt her or be named guardian - we have been supporting her since birth and see her about 4 times per year when we are in Colombia.  The question I have is how does immigration in the US look at a grandchild if we are now her legal guardian or parents - does it speed up the process? I know if she just remained as our granddaughter the process would take years - but as our daughter?

Share this post


Link to post
Share on other sites

I don't think it's going to work at all. Her parents are alive and I believe you'd need to go back to Colombia for few years and actually live with that granddaughter before there is even a chance of bringing her to the US.  Nothing will speed this process up - it's all going to take long, long years IF it's even possible.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

hi

 

it doesn't matter if you are the legal guardian, you are still the grandparents and there are no petitions for grandchildren, her parents are alive so it will be difficult to adopt, plus you have to live with her in Colombia for a couple of years, but as stated, she's not an orphan.

 

keep doing what you are doing, support her from here

 

 

Share this post


Link to post
Share on other sites
21 minutes ago, cdy said:

My wife ( fiance at the time) and  2  stepdaughters moved back to US with me 6 years ago - everything went fine, they are not citizens yet -maybe later this year. However the oldest daughter stayed behind in Colombia - she was young and just had a baby -  now a 6 year old and for various reasons both parents in Colombia have agreed to either let us adopt her or be named guardian - we have been supporting her since birth and see her about 4 times per year when we are in Colombia.  The question I have is how does immigration in the US look at a grandchild if we are now her legal guardian or parents - does it speed up the process? I know if she just remained as our granddaughter the process would take years - but as our daughter?

It will not be as easy as you think. In fact, quite difficult depending on the circumstances. If the parents are living, then that poses a problem. There are very strict laws concerning adoption for immigration. This is to prevent people from trying to bypass normal immigrant proceedings or trying to bring over people who normally wouldn’t qualify. More importantly, it is also to prevent child trafficking.

 

You can adopt, but adoption does not guarantee immigration benefits.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

We have attorneys in Colombia that can help with the adoption - its not an easy path but can be done - while we now live in US - we spend 2 -3 months a year in Colombia and can handle things on that end,  I am a little confused as to the living with the child statement - is that a US immigration requirement?  No she is not an orphan - but once we adopt her - does US immigration care that her natural parents are still alive?  We handled our move to US without an attorney - in this case it might be best to get one - at least to sort out the details from the US end.  

 Open to any other ideas on how to get a granddaughter to US for a better education - she is almost 7 - have no clue as to a student visa - age requirements those sort of things - if it is even possible.

Edited by cdy

Share this post


Link to post
Share on other sites
6 minutes ago, cdy said:

We have attorneys in Colombia that can help with the adoption - its not an easy path but can be done - while we now live in US - we spend 2 -3 months a year in Colombia and can handle things on that end,  I am a little confused as to the living with the child statement - is that a US immigration requirement?  No she is not an orphan - but once we adopt her - does US immigration care that her natural parents are still alive?  We handled our move to US without an attorney - in this case it might be best to get one - at least to sort out the details from the US end.  

Yes US immigration does care that her parents are still alive.  

You can read about the requirements on the USCIS and NVC website. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
2 minutes ago, cdy said:

We have attorneys in Colombia that can help with the adoption - its not an easy path but can be done - while we now live in US - we spend 2 -3 months a year in Colombia and can handle things on that end,  I am a little confused as to the living with the child statement - is that a US immigration requirement?  No she is not an orphan - but once we adopt her - does US immigration care that her natural parents are still alive?  We handled our move to US without an attorney - in this case it might be best to get one - at least to sort out the details from the US end.  

Yes they do care. Very much so. Like I said before, they are not going to approve a child for immigration if the adoption is an attempt to skirt immigration laws.

 

If the parents are alive, why. the need for adoption?

 

Also once again, you can adopt successfully, but that does not mean you would be able to immigrate. 

 

Btw, there is a couple on this site that adopted a girl a few years ago but could not immigrate her. They now pay for her schooling in her country and send her money.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
23 minutes ago, cdy said:

We have attorneys in Colombia that can help with the adoption - its not an easy path but can be done - while we now live in US - we spend 2 -3 months a year in Colombia and can handle things on that end,  I am a little confused as to the living with the child statement - is that a US immigration requirement?  No she is not an orphan - but once we adopt her - does US immigration care that her natural parents are still alive?  We handled our move to US without an attorney - in this case it might be best to get one - at least to sort out the details from the US end.  

 Open to any other ideas on how to get a granddaughter to US for a better education - she is almost 7 - have no clue as to a student visa - age requirements those sort of things - if it is even possible.

I think you need to focus on supporting her in Colombia OR having your daughter immigrate with her granddaughter. That seems like the only possible option. Student visa. Not happening, not with this situation and her ties to the US.

 

Adopting and immigration... it is not happening. Be aware of attorneys that will tell you that it's simple. They will just scam you out of money.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

We already support her - so that won't change - we have attorneys both in Colombia and US that we trust - but sounds like its not a viable option - in the next 5 years we will be spending more time in Colombia - possibly up to half the year  - so we hopefully will provide stronger guidance for her - we have tried in the past to get her ( and her mother ) a tourist visa - turned down both times - possibly we can try to get her one solo.   Life would be better if her mother stepped up and was a better parent - but she had her when she was 16 and was not ready to be a parent. Luckily the granddaughter is a great kid but we worry about her future opportunities in a small town in Colombia, we have an apartment there and a business - but the local school just is not very good.

Share this post


Link to post
Share on other sites

I am not so sure a F1 is unobtainable, schooling is not going to be cheap but if you can afford it certainly something to look into.


“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.”

Share this post


Link to post
Share on other sites
3 hours ago, cdy said:

We have attorneys in Colombia that can help with the adoption - its not an easy path but can be done - while we now live in US - we spend 2 -3 months a year in Colombia and can handle things on that end,  I am a little confused as to the living with the child statement - is that a US immigration requirement?  No she is not an orphan - but once we adopt her - does US immigration care that her natural parents are still alive?  We handled our move to US without an attorney - in this case it might be best to get one - at least to sort out the details from the US end.  

 Open to any other ideas on how to get a granddaughter to US for a better education - she is almost 7 - have no clue as to a student visa - age requirements those sort of things - if it is even possible.

Yes uscis cares that the parents are alive and yes the living with adopted child for 2 years is a uscis requirement. As posters stated, there are safeguards against  trying to bypass various laws (immigration and other) through adoption. 

 

For a student visa, I’m not sure of minimum age but it will only be available for private schooling for what you envisage (for a student visa, public school is only allowed for a maximum of one year in high school and the full unsubsidized cost of attendance needs to be paid for that.) if there are decent private schools in Colombia that probably makes more financial sense.

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
4 hours ago, cdy said:

My wife ( fiance at the time) and  2  stepdaughters moved back to US with me 6 years ago - everything went fine, they are not citizens yet -maybe later this year. However the oldest daughter stayed behind in Colombia - she was young and just had a baby

Not a fast process (takes 7-8 years), but:

  1. Was your oldest stepdaughter still under the age of 18 when you married your wife? https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18"
  2. Is she still unmarried?
  3. Does she want to come to the US (and remain unmarried until US entry with the immigrant visa)?

If the answer to the above questions is yes then the Family First Preference process is an option for her and her daughter.

Edited by accumbyte

Share this post


Link to post
Share on other sites

Interesting idea but now too complicated - the oldest stepdaughter now has two kids -  and the father is a part of the grandson's life - and she would not leave him behind - plus I would take on the responsibility of one more kid- the granddaughter - but not the step daughter and another grand kid on top of that- got to draw the line somewhere

Share this post


Link to post
Share on other sites

Less complicated than the adoption route.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...