Family visa

[roxydye 22]

Hi

I'm curious as to what Visa would be best for a usa citizen to apply to bring his wife of 5 years (not american) and adopted child that's also not adopted.

Anyone that's been through this care to share their experience?

TIA

[designguy 1,179]

For you the only option is the IR1 for your wife (will take 12-16 months). Is your wife the legal parent of the child?

[roxydye 22]

The child is not related by blood to neither of us

[geowrian 22,335]

And is there a legal father? Are they consenting to the child immigrating?

 

Edit: So they are neither biologically related nor legally adopted? On what basis would they be eligible to immigrate...?

Can you explain what exactly the child's relationship is to either of you?

Edited January 21, 2020 by geowrian

[Just Paul 4,591]

3 minutes ago, roxydye said:

The child is not related by blood to neither of us

Wife adopted?

[roxydye 22]

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

[Unlockable 7,306]

I agree that more information is needed. If the child is not formally adopted, there is no way to immigrate the child.

 

We see a lot of times where people in other countries informally "adopt" a child where the child was neglected by a family member or close friend. So they raise the child as their own. But if there was no legal adoption by their government, the US government will not recognize the child as being adopted and will not be eligible to immigrate.

[Unlockable 7,306]

5 minutes ago, roxydye said:

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

Thanks for the clarification. But we still need a little more info.

 

-Is the child orphaned?

-If not, is your wife related to the parents?

-How long has the USC's wife been with the child?

 

Also, please keep in mind that adoption does NOT guarantee immigration benefits.

Edited January 21, 2020 by Unlockable

[designguy 1,179]

Isnt there a requirement that you must live with the child for 2 years in their home country before you can have them immigrate?

[roxydye 22]

2 minutes ago, Unlockable said:

Thanks for the clarification. But we still need a little more info.

 

-Is the child orphaned?

-If not, is your wife related to the parents?

-How long has the USC's wife been with the child?

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

2 minutes ago, designguy said:

Isnt there a requirement that you must live with the child for 2 years in their home country before you can have them immigrate?

I'm not sure

[designguy 1,179]

7 minutes ago, roxydye said:

What we're saying is that we are looking into adopting from a UK agency, I am the us citizen and my wife is not,was curious if there is a different way other than IR1 to bring my wife and any adopted child back in the states,sorry if there's any confusion am just not sure about what our next step will be if we will end up adopting 

No there is no other way to bring your wife. 

 

Unless she wants to go on a path that bypasses you, IE DV or work sponsorship which really makes no sense in your case and wouldnt even cut down the time

[designguy 1,179]

You should review this:

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/hague-adoption-process.html

[Dashinka 23,247]

8 minutes ago, roxydye said:

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

I'm not sure

Personally, I would handle getting the IR1 spousal visa for your wife right now and then once that is done work out the foreign adoption.

 

Good Luck!

[designguy 1,179]

What I said earlier about the 2 year custody and living requirement applies to Non US citizens. (https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/adoption-by-non-us-citizens-living-in-us.html)

 

I am not sure what the effect is if one parent is a USC and one is not

[Unlockable 7,306]

8 minutes ago, roxydye said:

I don't have a lot of information because we haven't started the process of adoption,we are looking into it because we want a child and would want to adopt from a agency so we wouldn't know who the child is or any background as of right now but no neither one of us will be related to the parents.

Asking because we want to familiarize ourselfs 

I'm not sure

OK.

 

So child adoption is probably one of the most strict process of immigration. It is good that you are going through an agency because they will guide you through the process. For now, immigration will be on the back burner because the adoption must be completed before immigration. Word of warning, this may be an extremely long and tedious process. It may take several years for this to be completed.

 

You can start by seeing the overall summary and requirements of the adoption process at the link that @designguy posted. It is good that you are getting a head start by learning of this process. And best of luck to you.