My husband is trying to adopt my daughter. Her biological father (my ex) has already relinquished his rights. But we are in the US and my daughter is in India. We are being told by the social worker that my daughter has to be present in the US for the adoption to be granted. We are unable to get a tourist visa for her because the consulate fears that she will be immigrating to the US (which is true). My husband being a US citizen could apply for her Green card if he could adopt her. But we have to have her here in order for that to happen. Is there any way to get out of this "catch 22" situation?
2007-07-24 14:47:54 · 6 answers · asked by mammasmom 1 in Politics & Government ➔ Immigration
First of all, you should know the definition of child under immigration law before you embark on some other creative path.
Definition of Child is:
A child is defined under the immigration law as an unmarried person under the age of 21. The definition of a child includes:
A step-child if the parent's marriage took place before the child reached the age of 18;
A child born out of wedlock if the child has a "bona-fide" relationship with the parent who is filing the petition;
An adopted child if the child was adopted before the age of 16, had been under the custody of the adoptive parent(s) for at least two years, and has lived with the adoptive parent(s) for at least two years;
A child who is considered an orphan under the immigration law; or
An adopted child under the age of 18 who is the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling, and lived with the adoptive parent(s) for at least two years under the custody of the adoptive parent(s).
So, since she is your husband's step daugther and if she is under 21, she qualifies. So he can file I130 for her right away without adoption.
2nd: Grant of tourist visa is consulate's discretion. You can try going there and your husband can even meet the Consular Chief to make request.
3rd. Adoption has to comply with Indian law if she stays in India. Here is where you can find more information.
http://newdelhi.usembassy.gov/adoptions.html
2007-07-24 14:56:45 · answer #1 · answered by Raja 4 · 0⤊ 0⤋
You should file for an I-130 to establish she is your daughter. When you receive the Notice of Action, it is possible to get a V-2 Child (not a B-2 tourist) visa for her to enter the U.S. while she applies for permanent residence based on her relationship to you, or citizenship based on adoption.
You should check with the Indian authorities to see what you will need to obtain to get permission for you to take custody.
2007-07-24 22:53:27 · answer #2 · answered by BruceN 7 · 0⤊ 0⤋
why r u trying to obtain a tourist visa for YOUR DAUGHTER? Isn't it a emigrant visa is appropriate?? As far as I know you, the mother, should file for a petition, and when the embassy grants her an emigrant visa...then your husband could adopt her
2007-07-24 21:57:42 · answer #3 · answered by B T 2 · 0⤊ 0⤋
the best thing is to go to India with your husband, and adopt her there. Then go to US Embassy, and get the proper forms filled out. Check through their website.
2007-07-24 22:30:33 · answer #4 · answered by Iqbal 4 · 0⤊ 0⤋
Not really. Maybe you two should go to India to live if you want to be together.
Everyone does that--comes to the US, then brings a string of relatives.
2007-07-24 21:56:32 · answer #5 · answered by nora22000 7 · 0⤊ 1⤋
Can he adopt her in India?
2007-07-24 21:57:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋