Divorce and adoption

[cdrobin66]

Hello
My Haixia has just completed the paper work for her divorce(10/25/2005) and the adoption of her niece(10/30/2005). I am planning on submitting the I129F this week. She has been living apart from her Ex for about 2 years now and has been financially responsible for her niece for the last 4 years. My question is, will immingration question the timing of her actions? Or will they think our marriage is a sham? What supporting document do you feel she should have other then the divorce and adoption paperwork? Do you think she needs to write a letter discribing the reasons for the divorce? The mother of the child is Haixia's sister in-law and the father is dead. Any ideas on this?


Carl

[LiandLarry]

Hello Carl,

 

It seems there is no problem with this. Here is a recent link on this subject.

 

http://candleforlove.com/forums/index.php?showtopic=14193

 

Welcome To Candle!!

 

Larry

[Randy W]

Assuming the adoption is complete with paperwork and she will come to the US wit Haixia, there should be no problem there, either. It might be helpful to have a statement for Haixia's sister-in-law ready just in case additional information is asked for.

 

The general feeling about extra ("kitchen sink") evidence is that it should NOT be presented unless necessary as it may open the door for doubts or requests for additional information.

 

I think the adoption papers would be submitted with the P3 - maybe someone will correct me.

 

Welcome to Candle.

[tywy_99]

Just as long as the paperwork, including the divorce and adoption papers are in order, there shouldn't be any problems.

 

-good luck

[frank1538]

I agree with the situation with the fiancee BUT seem to recall that there are SPECIAL REQUIREMENTS for the adopted child of a fiancee- maybe it applies just to an I-130 situation. Something about the adoption must be done before age 16 AND something about a two year requirement living with the adoptive parent OR two years official adoption before the child can immigrate??????

172029[/snapback]

A K-2 is available for the "child" of the fiance(e). One definition of "child" includes an adopted child: "If the child is adopted, he/she must have been adopted with a full and final adoption when the child was under the age of 16, and the child must have lived with and been in the legal custody of the parent for at least two years."

 

http://travel.state.gov/visa/frvi/glossary...ary_1363.html#c

 

It is possible that this definition might apply to a child adopted by your fiancee, but I don't know for certain. At least, I would make sure that the child is listed on your I-129F petition.

[cdrobin66]

I agree with the situation with the fiancee BUT seem to recall that there are SPECIAL REQUIREMENTS for the adopted child of a fiancee- maybe it applies just to an I-130 situation. Something about the adoption must be done before age 16 AND something about a two year requirement living with the adoptive parent OR two years official adoption before the child can immigrate??????

172029[/snapback]

A K-2 is available for the "child" of the fiance(e). One definition of "child" includes an adopted child: "If the child is adopted, he/she must have been adopted with a full and final adoption when the child was under the age of 16, and the child must have lived with and been in the legal custody of the parent for at least two years."

 

http://travel.state.gov/visa/frvi/glossary...ary_1363.html#c

 

It is possible that this definition might apply to a child adopted by your fiancee, but I don't know for certain. At least, I would make sure that the child is listed on your I-129F petition.

172144[/snapback]

Ok so does she need to be legally adopted for tow years or been living with her Aunt for two years? Will a notorized statement from the mother and grandparent help?

 

Carl

[frank1538]

Ok so does she need to be legally adopted for two years or been living with her Aunt for two years? Will a notorized statement from the mother and grandparent help?

 

Carl

172222[/snapback]

I suggest doing what Steve (cosmiclobster) and Amy did - get in touch with a good lawyer: http://candleforlove.com/forums/index.php?...showtopic=13394