Guidance and advice needed please

[Billie 2]

We are currently waiting on our I-130 and then my husband and I decided to file a k-3 so I can go wait for the approval of the I-130 in the US. The issue now is that, my sister died 3 days ago and left three kids with nobody to take care of them and my husband suggested we adopt the kids or be their legal guardians so they can come with me to the US but we don’t know what to do or how to go about it. Please any help about what to do will be greatly appreciated.

 

Thanks in advance and looking forward to hearing your advice and suggestions 

[JeanneAdil 6,191]

The immigrant can not wait for the spousal visa approval in the US

and adoption is hard for approvals / others will chime in 

[HRQX 4,145]

39 minutes ago, Billie said:

The issue now is that, my sister died 3 days ago and left three kids with nobody to take care of them and my husband suggested we adopt the kids or be their legal guardians so they can come with me to the US

What about the childrens' father? Is he alive? Does he still have parental rights? The answers to those questions will help determine if they meet INA 101(b)(1)(F) definition and requirements of "orphan."

• https://fam.state.gov/fam/09FAM/09FAM050203.html
• https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states/before-your-child-immigrates-to-the-united-states

[Billie 2]

40 minutes ago, HRQX said:

What about the childrens' father? Is he alive? Does he still have parental rights? The answers to those questions will help determine if they meet INA 101(b)(1)(F) definition and requirements of "orphan."

• https://fam.state.gov/fam/09FAM/09FAM050203.html
• https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states/before-your-child-immigrates-to-the-united-states

Their father is incapable of caring for them. The mother had been the one caring for the children from onset because the father works in another state and send money home to the mother. And he’s not ready to leave his job and care for the children, they are just 8, 5 and 3

[Ontarkie 13,915]

15 minutes ago, Billie said:

Their father is incapable of caring for them. The mother had been the one caring for the children from onset because the father works in another state and send money home to the mother. And he’s not ready to leave his job and care for the children, they are just 8, 5 and 3

Sadly the father does not get a choice. It's time for him to step up he is their father and legal guardian. 

With him being alive it will be next to impossible to get immigration benefits for the children even if you adopt them. 

[JKLSemicolon 327]

3 hours ago, Billie said:

We are currently waiting on our I-130 and then my husband and I decided to file a k-3 so I can go wait for the approval of the I-130 in the US. The issue now is that, my sister died 3 days ago and left three kids with nobody to take care of them and my husband suggested we adopt the kids or be their legal guardians so they can come with me to the US but we don’t know what to do or how to go about it. Please any help about what to do will be greatly appreciated.

 

Thanks in advance and looking forward to hearing your advice and suggestions 

Since you have been waiting on the I-130 since early 2020, I understand why you are attempting to go the K3 route, but understand that it will almost certainly be administratively closed (K3 visas have been effectively obsolete for a number of years) and you will have to wait outside of the US until the CR1/IR1 visa is issued. Just making sure you have realistic expectations during the process. If somehow you are successful with the K3 process, please do report back. Good luck.

[belinda63 2,981]

Even if the children are adopted per the laws of Nigeria US Immigration will not allow them to immigrate as they have a living father who is capable, just unwilling, to raise them.

The solution would be for the USC to move to Nigeria.

[Billie 2]

36 minutes ago, JKLSemicolon said:

Since you have been waiting on the I-130 since early 2020, I understand why you are attempting to go the K3 route, but understand that it will almost certainly be administratively closed (K3 visas have been effectively obsolete for a number of years) and you will have to wait outside of the US until the CR1/IR1 visa is issued. Just making sure you have realistic expectations during the process. If somehow you are successful with the K3 process, please do report back. Good luck.

Thank you so much for this, it is really appreciated.

[Kide 37]

Just as @JKLSemicolon rightly said and the others too..

 

I filed for the k3 visa while awaiting my i130, the k3 remains untouched even after my i130 approval. In other cases, it is immediately canceled after the i30 approval or denial.

 

For confirmation, you can search for the US monthly visa statistics for each country and it is OBVIOUS that the K3 category is absent in those charts.

 

My candid advice, focus on your i130 application first, the journey ahead of you is still quite a handful.

 

Trying to combine the adoption process will buy you more than you can chew.

 

ONE STEP at a time.. Best of luck

[Scott-Ilyn 68]

17 hours ago, Billie said:

my husband suggested we adopt the kids

Wow!!  What a kind, caring thing for your husband to suggest.  That's awesome!!!  I don't have any feedback on the process.  I just wanted to comment on his kindness. 🙂

[Boiler 43,429]

Obviously you need competent legal advice

 

I have no idea what the local adoptions laws are, I assume they will not be quick.

 

From memory you then have to show 2 years under your control.

 

I would have thought that you would be looking to slow the process down not speed it up.

[Timona 3,940]

2 hours ago, ScottLangbehn said:

Wow!!  What a kind, caring thing for your husband to suggest.  That's awesome!!!  I don't have any feedback on the process.  I just wanted to comment on his kindness. 🙂

[Timona 3,940]

Your sister passed 3 days ago and adoption has already been brought up between you and your USC husband and you already want immigration for your nieces/ nephews? That was quick. Honestly, look at it from an outsider's perspective. This is sure as fishy as it comes. 

 

Unfortunately, the dad has to now put on the pants. He helped create these kids. History only know of one person who was born of a virgin (not trying to be sexist here. I'm just bringing history into this).

 

It'll be even difficult to convince IO that the dad doesn't want anything to do with your sister's kids and then they come to find out he has another family, with kids, and taking care of them. So why shun one side? That would be the nail on your coffin by IO with your adoption process. 

Edited June 17, 2021 by Timona

[Billie 2]

1 hour ago, Timona said:

Your sister passed 3 days ago and adoption has already been brought up between you and your USC husband and you already want immigration for your nieces/ nephews? That was quick. Honestly, look at it from an outsider's perspective. This is sure as fishy as it comes. 

 

Unfortunately, the dad has to now put on the pants. He helped create these kids. History only know of one person who was born of a virgin (not trying to be sexist here. I'm just bringing history into this).

 

It'll be even difficult to convince IO that the dad doesn't want anything to do with your sister's kids and then they come to find out he has another family, with kids, and taking care of them. So why shun one side? That would be the nail on your coffin by IO with your adoption process. 

It might look fishy to you but it’s definitely not fishy. I am just asking for guidance and advice, we are not planning to immigrate them today. And obviously I am still in my country because our petition has not been approved 

 

I never said the father has another family somewhere with kids, I don’t know where you read that. This is why I never want to bring this here in the first place but my husband said we need to know what our option is and I was just concerned for the little ones care

 

[Billie 2]

5 hours ago, ScottLangbehn said:

Wow!!  What a kind, caring thing for your husband to suggest.  That's awesome!!!  I don't have any feedback on the process.  I just wanted to comment on his kindness. 🙂

Thank you! He really is a caring and kind person, I was a little bit surprised of his suggestion too. Thanks again for your comment