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Time certainly flies. My 14 year old step son really is hopeful that he can be my son. I think he is a real good kid , he treats me very well and he does well in school. What is the process ? Does his bio father who is in China have to consent ? even when the full custody is with his mother.... Thanks. Moderator , perhaps this topics already has a forum before , don't hesitate to move it to that section.

Hey fellas, been a long time. Miss the interaction. Miss the camaraderie. Anyway, not going into detail of the last year or so, but I know some are interested in John. Well, he made it through his four years and is living at home preparing to go to Penn State for his BA in business. He's super pumped as am I (cause I get to live through him vicariously! HA!) More sordid tales later - to the point. Ying's niece has received an 8 year student visa and is preparing to start school soon. Ying (mostly) and I (halfway) and John (not at all) want to adopt her. We are her legal guardians now and her parents are in agreement with the adoption. So, since she is already here does this make a difference in procedure? Anybody know what that procedure is? I am ready and willing to answer any additional questions pertaining to this topic. But I will probably hold off on life stories for other award winning posts. (Those who know me know my sense of humor). Except for telling Carl that this is the life that got in the way when I made plans. Steve

This is from the Global Times The missing link

Hello, A situation has come up for me and my wife, where we may have the opportunity to adopt a baby in China from someone near my wife's hometown. We are both US citizens, and currently reside in the US. I understand that without going through the Hague convention process, that there is a two year custody and residence requirement before being able to bring back the adopted child. Circumstances in our life are such that moving to China for a couple of years or more is a possibility, and we are now seriously considering this idea. We are wondering, if anyone has any experience or know of people that have gone through this process? Being that we are both US citizens, will this process be fairly simple after the two-year requirement has been approved? Additionally, is there going to be an issue proving that we were living with the child for two years, as long as we have the legal adoption papers from the Chinese court, and the visa/work documents showing our stay in China, as long as many beautiful photos of our family together, which I am sure we will have many? I just was not sure whether this non-Hague process is a viable option, or is it a process that often comes with a lot of uncertainties and difficulties. Any advice or feedback on the situation would be greatly appreciated. We are very excited about this possibility, but also worried that there may be complications that we are unaware of. Thank you so much.

Well don't forget my ex got arested for being stupid too. They threw her face first into the floor too. She pleaded guilty, even though no intent, and has finished her community service and all probation officers visits. I have no idea how it will afect her ability to become a citizen, because she has now adopted her neice and needs to get her a green card before what, 18? I find out later many Asians are having stupid arrests happen all the time. There is no realization by AUTHORITIES that they mean no harm like the rest. Asians NEED to wake up and run for public office and temper their police forces against Asians. But that isn't going to happen. Both cultures don't understand the other in those situations. Having said all that, it is complete BS what we have to live with these days in the USA. It is a police state and I get so tired of it. And if someone is here working in law enforcement I have no appologies, due mostly to traffic enforcement. I'm thinking all forms of radars should be outlawed. Then just maybe the right things will be patrolled. The Chinese Govt is nothing good, BUT the people are, and they get along with each other. Which brings up the other side of the coin, criminals. If we didn't have them, we wouldn't need the police.

Hi Guys, My adopted daughter was interviewed on 8/16/2011, got an blue slip. The Consulate in Guangzhou did tell us they recieved all the required documents on 10/26/2011. I comtacted on 1/10/2012 asking for case update information. The Consulate replied and said the case is under Administrative Process (AP). Could any one tell me how long the AP will take as the Consulate did not give any time frame on how long we can get an answer. Thanks. Sunny

hi, all, appreciate input on my situation, I am a single USC(former chinese citizen) wishing to adopt a baby from china, wanted to go through the 130/485 route rather than the hague convention route since adoption pool is much limited in the later one. a few questions we couldn't get our heads clear on: 1. finishing domestic adoption in china using my US identity or Chinese identify, in the former case, domestic authorities require us to go through hague convetion 2. Two years requirements of living together and having custody for two years, is there anyway to bring the baby to US to live with me for two years instead of me quiting jobs and moving to china for two years. If so, how and what visa i can bring her over. thanks for all your help!

Background I legally adopted my wife’s son in 2010. My wife applied for her 10 yr GC in November 2010. I applied for a Certificate of Citizenship for my son in November 2010. I did not apply for a 10yr GC for my son. In December 2010 the USCIS wrote me and told me unless I apply for the 10 yr GC, my son could potentially be out of status and subject to deportation. I then applied for his 10 yr GC. In January 2011 I had my CoC interview. The USCIS officer stated that I did meet the requirements of the CCA because my son was not an unconditional LPR at the time of CoC interview and that it had not been 2 years since the adoption. They told me that I could file for an appeal at a cost of $600.00. I elected not to do this. In March 2011, he received his 10 yr GC. In parallel, I applied for a US Passport. Apparently the DOS has different CCA requirements. Based on near identical information that was submitted for his CoC, the DOS deemed I met their requirements and awarded him a US passport. He has never used it since obtaining it in early 2011. He plans to use it on his 1st trip back to China in July of this year. He has an active Chinese visa in his passport . He will return to the States in early August. Question Has anyone heard of a problem/incident at a POE (in this case LAX) for an adopted Chinese child that now bears a US passport? The DOS awarded the passport but the USCIS will be at the POE. What happens when they run his fingerprints? Won't they show that he is a GC holder and perhaps deem the passport fraudulent. I am going to have his mother bring the adoption order and his California issues delayed registration of birth with him. -Squonk

This topic came up from a friend on Face book, and tends to come up from time to time, the topic, how can we bring niece/nephew to the states. Basically involves several steps: Move to foreign country and live there as a resident 2+ years.Adopt child before age 16Raise child with full custody 2+ yearsPetition for a visa to come to the USAThing child will not be able to do later in life: Petition for biological parent or siblingsA good read: http://www.rreeves.com/publications_detail.php?newsId=158 Quoted here in case the above link goes dead.

My question involves adoption but not of a child. My stepdaughter is 23 years old has been in the US for nearly 5 years and is planning on applying for citizenship next year. She has expressed interest in being adopted. Are there any issues - pros and cons - that I should be aware of? How difficult would the process be and does she need to have her citizenship first? Thanks.

My stepson is 17. We went to the free initial consult with an adoption attorney last week (she also claims to be an immigration attorney). She told me that since I had not adopted my stepson before he was 16 that subsequently he wouldn't be eligible for automatic citizenship. I have checked on the uscis naturalization guide and the closest thing I can find is where it says" "The child was the parent's legitimate child or was legitimated by the parent before the child's 16th Birthday." Anyone had a similar or opposite experience? Thanks Hank

I completed the adoption of my son. I submitted the N-600 data package to the USCIS at the beginning of October. The USCIS has cashed my check and I have revc'd a receipt from them in the mail. I recently received a statement from the USCIS that it is time for me prepare his I-751 (via his mother) package. Since the N-600 process is now active, do I need to submit and pay the fees for his portion of the I-751? Thank you, -Squonk

I'm not sure how to start this topic and how to say this. But I'll get right to the point. Zhenghong and i have been trying to start a family of our own. (Some of us old timers know Zhenghong is a member here on CFL) Well god has not bless us well and we have some problems with a new family. After a ton of money and months/years of going to the doctors. we have found out we can not have children of our own! Now on the other hand we have discussed other options. ADOPTION We would like to adopt a Chinese child. We have done the research and have a general idea how to go about this new process. Our question is: Has any one been down this road before and what speed bumps did you encounter? What should we expect? Also where do we start with the paper work? Mike and Hong

I'm applying for an IR-1 visa for my wife and our daughter. Our daughter is from my wife's previous marriage, so I am not her biological father. I don't need to go through any formal adoption procedures, do I ? We can get an immigrant visa for my (step)daughter without me formally adopting her. Correct ??

Something popped into my head and I began doing some research, but all I can find is the process for adopting orphans. Does anyone know how a USC goes about adopting a child of his Chinese wife while living in China? Is this a Chinese government procedure or an American one? Both? I'm curious because, God forbid, anything happen to Yan, then I might also lose Yangzhi without proper legal custody.

My wife's son is 14 and I would like to adopt him. Is it true that if he is adopted before 16 he will be naturalized under my citizenship? What are the USCIS forms or requirements to adopt him. I would appreciate any help or leads on this matter. Will someone confirm to me that this is possible to do. thanks, Chazzy1098 Wife came over on K-1 Visa 3 months ago.

I plan to adopt my 9 year old step-son who is living here in California with his mother and I. I have all the required adoption forms for California. I need to create a consent statement and have my wife's ex-husband sign/notarize it (in China). He stated that he had no issue in signing this statement if it was mailed back to him. Does anyone have a sample consent statement? Thank you, -Squonk

Can I adopt my wife's son with the purpose of obtaining his citizenship earlier? Another question..... My wife and I have been married since 4-29-2003, and she has been in this country since 6-2004. However she didnt receive her Green Card until 7-2007. How long before she can apply for her citizenship? Will my wife lose her Chinese retirement money if she gains a US Citizenship? Is there a way to get both? Thanks for any help, Patrick & Li

For those of you who have wondered about such things, it is possible and quite painless. All states have procedures for adopting a stepchild, the following is based on what we did in Kansas, but much if not all should apply in most states. Here are the highlights: Wife had full custody in divorce decree. Father never paid any child support. Father did not have contact with son for over 2 years. A 30 day cooling off period after filing. One 30 minute court appearance. A Lawyer specializing in adoption. One check for $1000 I thought that adopting my wife’s son would be a difficult task and found this to be simple. My wife and I discussed this in private and we decided to see what we could accomplish. We did not share this information with our son until after discussing the specifics with an attorney because we did not want to set false hopes or expectations for our son. I contacted a local attorney who specializes in adoptions, my first contact was by email and was amazed when she called me back the next day. We discussed what we wanted to do and I raised concern over the possibility of the court requiring our son’s father in China to give his consent. She asked me if the father had provided any support or made any attempts to contact our son within the past 2 years. The answer was no, there has been no contact since the divorce. She responded that this would be a simple process and she quoted me a flat rate of one thousand dollars which include all expenses, including court fees. We then discussed this with our son. His biggest concern was could he have an American Name. We then spent the next few days talking names and giving him time to think it over. Once he chose his new name we made an appointment with the attorney, who works out of her home. It took about 30 minutes to complete the paperwork, which included verifying my wife had custody. A week later the papers were filed. Kansas law calls for a court hearing between 30 and 60 days after filing and our court date was 5 weeks after the filing. Only I was required to be there as my wife had given her written consent for me to file as part of the original filing and our son is under 14 years old so his consent was not required as part of the process. On the court date my wife and I met our attorney at the court house. The judge swore us in and then advised me that adoption was not revocable and would be permanent with all the responsibilities of a natural father which would not cease if his mother and I were to divorce. Our son would also become my natural heir. He verified that I understood and wished to continue. He then verified the facts of the case, that my wife had sole custody, the length of time our son and I had known each other. Then the questions came to his natural father. The judge asked if there had been any contact during the past 2 years and if my wife had received any support during that time. The judge questioned if we knew how to contact the natural father, which we answered no. He then pursued this to ask if we knew where he lived, my attorney said he lives in China and that we know the province. The judge responded that China was a pretty big place and my attorney agreed. He asked about the choice of name and I explained the process we went through allowing our son to choose his American name and keeping his Chinese name as his two middle names. Then the judge read the adoption decree our attorney had written and ordered the natural fathers rights revoked based on abandonment and granted the name change. He then congratulated me and came over and shook my hand. We then went to the clerk’s office where the paperwork was finalized and we walked out with 5 copies of the adoption papers. We changed his name at the school an hour after leaving the court house. As a few of the other children were not accepting our son’s word that his name was changing the principle went to his class and made a big deal of introducing the new student in the class. Our son came home that day walking on air. Two weeks later we received a letter from the state asking that my wife and I verify the information on the new birth certificate and for one or both of us to sign and return it. We also included the fees for 5 certified copies of the birth certificate. Total cost $40, a self addressed envelope and 2 first class stamps. The certified copied arrived 10 days later. The birth certificate has the notation that it is not proof of American Citizenship, more on this later. To complete the process we e-filed an I-90 with the USCIS for a replacement green card, cost $260. Gotta love that we had to pay the $70 biometric fee for a 10 year old who just had this done less than a year ago. The I-797C receipt arrived 3 days later and a week later the I-797C biometrics appointment letter arrived. Total time line, 21 days from filing to appointment, just wish AOS had gone this fast, but then his green card is less than a year old. The appointment letter instructs our son to appear for biometrics and to bring all evidence related to the name change to be verified at the time of the biometrics. Our appointment is on Monday, July 9, and I expect a new green card will be ordered. I have copies of everything in the event they want something for their file and dusted off the passports just in case they want to see them too. After we get the new green card we will have a stop at SSA to show the name change and birth certificate. Then DMV to get his state ID updated. I have all the usual papers to do with health insurance and beneficiary forms to change his name. All in all a very painless process and my son is now the child of a US Citizen, birth certificate and all. We will be able to file for his US Passport on June 30, 2008 based on the Child Citizen Act of 2000, but will probably wait until he is 17 and include him in the decision process. After the age of 18 he would need to go through the normal Naturalization process.

Hey everyone, If I adopt my son, Can he get his citizenship faster? Here's my reasoning...... I don't have the money to send my son to a Top notch school, and he cannot get a scholarship to one without being a citizen. So I am thinking about going the adoption route so he can get scholarship offers from these schools. He is 15 now and from what I understand, He cannot get his cizenship till he is 18 or his mother gets her citizenship and pulls him along. BUT, she wont qualify in time, and also not sure if she wants to give up her China citizenship. Any information will be appreciated. Sincerely, Patrick_A

Say my wife and I adopt our little cousin (he's 5). Could he gain US citizenship immediately? And once he is 18 and a citizen, could he sponsor his birth parents to immigrate to the US? ...It isn't visa fraud when its a family member, right?

I want to adopt my wife's child as my daughter. I will be filing a joint I751 shortly and wish to file for adoption. The problem is getting the consent of her natural parent. We have no idea where he is. I know I can file papers stating I made a diligent search. Has anyone gone through this. What newspapers do I place an ad. Chinese or American. I would have no idea locating a person in China.

An interesting article on adoptions in China. Some surprising and heart-breaking info and statistics. http://www.reason.com/news/show/123021.html

Hi, This is a request for personal experience information about adoption of a step child. My step daughter is 17, and will be 18 next November. Does she have to be a LPR before I can start the adoption process? Will I need to use an attorney? Any web links to the filing process? It is my understanding that she will become a citizen automatically but we need to request a certificate? We were married January 8 and are now filing AOS since we have received the official marriage certificate. My SO and her daughter hope to return to China next summer, should we attempt to file for adoption there? Would I have to be present in China for the filing if we do that? -James and Loving Candle

To all forum members, I seldom ask this forum for many questions. Most of what is published is easily understood, and generally requires a bit of expertise with the government red tape. However, I have been placed into a particular "dicey" situation. I will give a brief background. I have a niece–in-law who is 9 years going on 10 years old. I have met the child and she is very clever and bright. She and I fell for each other. I have a personal affinity with little girls and their beauty. My heart opens up. What they wish for! They get! However, there were the usual language constraints! Etc, etc. The child has a father, who is the proverbial “black-sheep” of the family!” Hasn’t held any job more than six months, moves from place to place. The mother departed from the scene, almost 5 years previous. The child is generally staying with my mother-in-law (Alice’s mother). Everyone pitches in and does their part. Alice and I are the same. We are sending money to help with a study tutor and a private English tutor on a monthly basis. My niece wanted to learn English so that she could impress me! My wife wants and I also have discussed and agreed to adopt the child. We want the child in the US. I want the child schooled in Mandarin language and customs and have a college Assoc Professor willing to provide services. My wife wants her niece trained in all Western cultural aspects to make a better life for her. This is not a problem, with the exception of overburdening the child! This will call for extra ice cream! Our problem when we began researching was the excerpt from USCIS site. I know that she definitely doesn’t fall into the “orphan” classification! The two-year stipulation causes not undue amount of problems. I quote: Alice and I are optimists and both are stubborn as ten types of bull. Both pf us will pound their own heads on the proverbial wall until it comes down or we arew dead! I believe that there is an “out” for every situation! My questions: 1) Is there a way around this law from USCIS? 2) Is this a “doable” proposition? 3) What are the questions that I should be asking from the proverbial “good” attorney? < Please don’t worry. Now an attorney will be consulted! > 4) Money! How important an issue is it? I have more than enough to cover 4 people immigrating to the US! However, I would like to know what questions they will ask. I disdain unprepared people. 5) Are both of the child’s parent’s signatures required? I know that his ex-wife is living. Unfortunately, her situation is more than a bit “fluid” and her whereabouts are tentative at best. 6) WHAT HAVE I MISSED? I need new thought lines and approaches please! I should also mention that the child does not know what is happening around her right now! The family is in full agreement to the adoption. The father is willing to sign the papers! As I said the mother is out of the scene! However, I seriously wonder whether she could be the “fly in the ointment!” Alice and cannot have children due to my turning myself into a gelding, 3 years previous to my meeting her! Right now, I have Alice, and a mentally challenged/deranged Jack Russell Terrier that she adopted and the prospect of a loving child! Please serious replies. I need options and new avenues of thought. Thanks to all in advance. Dave and Alice