Bringing "adopted" child to US

[leejcandle]

I swear, all these people trying for adoptions, trying to help these darling children and the Chinese officials will not approve it, it makes me angry. I really believe that these CFL members are trying to do the right thing in the right and proper way - and this is why it is not working. We Americans do not know how to apply the required bribery.

 

It's frustrating. But my wife explained beforehand it would be complicated.

 

When my wife and her ex divorced in 2003, living accomodations got complicated. So she sent the child to live with my mother and father inlaw. So now, changing the child's address registry would be complicated; my wife lived on her own for at least a year without the child (necessary). Then she's been here since Feb 2005. At some time, some other change was made to the child'n status (I don't have a handle on) which further complicated the registry issuse.

 

From the standpoint of US rules, the 2 year rule may have been difficult to certify. Though the child has been with my wife or her family since birth, my wife had to live separately for the last few years.

 

But the reason given by the last official (which I don't accept) was that there's no guarantee the US would allow the child in, so they didn't want to go through the hassle. They said for me to apply for the child here, get the ball rolling, then come back to China to work on their side.

 

So though it will cost more money and time, I'll have to do what I can from here.

 

We're trying to get this process going again.

 

It's hard to believe it's been so long since I last posted about this.

 

One big problem had been getting family members to get paperwork done. But now my wife tells me the birth certificate and residency certificate are in hand.

 

We visited with her last January. My new avatar is a photo we took together. We talk to her regularly by phone; I just exchanged Chinese New Year and Valentine's day wishes with her.

 

So given the earlier consensus that it's easier for my wife to adopt her, I want to go down that route again.

 

But I feel I want to have someone there to drive the process for us. Depending on family (busy with jobs and their own kids) has been a hair-pulling exercise.

 

I'm looking to find a lawyer in Nanning or Binyang to help us work out an adoption on my wife's behalf.

 

Any recommendations, suggestions? Attorney or other competent agent we can contact?

 

Thanks in advance. (Some photos and video from our January 2009 China trip.)

[knloregon]

Congratulations LeeJ ~ !! Looks like a really cute girl ~ ! Hope you get it pulled together, (I don't recall an email from you ---but hey---it was 4 years ago.).

 

Keep in mind, there are really two aspects. Pleasing Chinese authorities, and also, pleasing the US State Department. I'm guessing that if you have a formal (legal) adoption awarded in China, that document will pass muster for the DOS, but.. as the recent incident in Haiti demonstrates--- DOS wants a fairly high level of proof that children are either abandoned by birth parents, or given up freely for adoption without coercion, or exchange of money.

 

For that reason, it might be best to go first to an immigration attorney (some have been listed here) --- and simply ask for a recommendation for a Chinese domestic law attorney. The point being, the Chinese attorney knows the legal hurdles ---- and how to conduct the formal adoption ---- in a way that will pass muster at the US Consulate.

 

If thats the case----should be a breeze, except you might expect the VO to ask you and your wife, perhaps separately, the details about how this child came into your care, and separately, your daughter might be asked, more delicately, if you both are her true parents.

[leejcandle]

Congratulations LeeJ ~ !! Looks like a really cute girl ~ ! Hope you get it pulled together, (I don't recall an email from you ---but hey---it was 4 years ago.).

 

Keep in mind, there are really two aspects. Pleasing Chinese authorities, and also, pleasing the US State Department. I'm guessing that if you have a formal (legal) adoption awarded in China, that document will pass muster for the DOS, but.. as the recent incident in Haiti demonstrates--- DOS wants a fairly high level of proof that children are either abandoned by birth parents, or given up freely for adoption without coercion, or exchange of money.

 

For that reason, it might be best to go first to an immigration attorney (some have been listed here) --- and simply ask for a recommendation for a Chinese domestic law attorney. The point being, the Chinese attorney knows the legal hurdles ---- and how to conduct the formal adoption ---- in a way that will pass muster at the US Consulate.

 

If thats the case----should be a breeze, except you might expect the VO to ask you and your wife, perhaps separately, the details about how this child came into your care, and separately, your daughter might be asked, more delicately, if you both are her true parents.

 

knloregon, thanks for the suggestion. I'm starting my search.

[Randy W]

Welcome back, Lee.

 

You might check with these guys - http://www.thenanningforum.com/forum/ - it's a small group, but they may be able to hook you up with a lawyer.

 

There's also a link to Roger Lin's web site there. He's not a lawyer, but is in Nanning and may be able to help.

[warpedbored]

I swear, all these people trying for adoptions, trying to help these darling children and the Chinese officials will not approve it, it makes me angry. I really believe that these CFL members are trying to do the right thing in the right and proper way - and this is why it is not working. We Americans do not know how to apply the required bribery.

 

It's frustrating. But my wife explained beforehand it would be complicated.

 

When my wife and her ex divorced in 2003, living accomodations got complicated. So she sent the child to live with my mother and father inlaw. So now, changing the child's address registry would be complicated; my wife lived on her own for at least a year without the child (necessary). Then she's been here since Feb 2005. At some time, some other change was made to the child'n status (I don't have a handle on) which further complicated the registry issuse.

 

From the standpoint of US rules, the 2 year rule may have been difficult to certify. Though the child has been with my wife or her family since birth, my wife had to live separately for the last few years.

 

But the reason given by the last official (which I don't accept) was that there's no guarantee the US would allow the child in, so they didn't want to go through the hassle. They said for me to apply for the child here, get the ball rolling, then come back to China to work on their side.

 

So though it will cost more money and time, I'll have to do what I can from here.

 

We're trying to get this process going again.

 

It's hard to believe it's been so long since I last posted about this.

 

One big problem had been getting family members to get paperwork done. But now my wife tells me the birth certificate and residency certificate are in hand.

 

We visited with her last January. My new avatar is a photo we took together. We talk to her regularly by phone; I just exchanged Chinese New Year and Valentine's day wishes with her.

 

So given the earlier consensus that it's easier for my wife to adopt her, I want to go down that route again.

 

But I feel I want to have someone there to drive the process for us. Depending on family (busy with jobs and their own kids) has been a hair-pulling exercise.

 

I'm looking to find a lawyer in Nanning or Binyang to help us work out an adoption on my wife's behalf.

 

Any recommendations, suggestions? Attorney or other competent agent we can contact?

 

Thanks in advance. (Some photos and video from our January 2009 China trip.)

Lee, my wife was a lawyer in Nanning before coming here. She says you don't need a lawyer for this. Your wife or I presume someone representing her (mother?) only needs to go to the same office where they issue the little red marriage books and they can tell her what needs to be done there. Hope this helps, if not PM me your phone number and I'll try to talk my wife into talking to yours.

Carl

[leejcandle]

Carl, PM sent. Thanks. :-)

[Robert S.]

I swear, all these people trying for adoptions, trying to help these darling children and the Chinese officials will not approve it, it makes me angry. I really believe that these CFL members are trying to do the right thing in the right and proper way - and this is why it is not working. We Americans do not know how to apply the required bribery.

 

It's frustrating. But my wife explained beforehand it would be complicated.

 

When my wife and her ex divorced in 2003, living accomodations got complicated. So she sent the child to live with my mother and father inlaw. So now, changing the child's address registry would be complicated; my wife lived on her own for at least a year without the child (necessary). Then she's been here since Feb 2005. At some time, some other change was made to the child'n status (I don't have a handle on) which further complicated the registry issuse.

 

From the standpoint of US rules, the 2 year rule may have been difficult to certify. Though the child has been with my wife or her family since birth, my wife had to live separately for the last few years.

 

But the reason given by the last official (which I don't accept) was that there's no guarantee the US would allow the child in, so they didn't want to go through the hassle. They said for me to apply for the child here, get the ball rolling, then come back to China to work on their side.

 

So though it will cost more money and time, I'll have to do what I can from here.

 

We're trying to get this process going again.

 

It's hard to believe it's been so long since I last posted about this.

 

One big problem had been getting family members to get paperwork done. But now my wife tells me the birth certificate and residency certificate are in hand.

 

We visited with her last January. My new avatar is a photo we took together. We talk to her regularly by phone; I just exchanged Chinese New Year and Valentine's day wishes with her.

 

So given the earlier consensus that it's easier for my wife to adopt her, I want to go down that route again.

 

But I feel I want to have someone there to drive the process for us. Depending on family (busy with jobs and their own kids) has been a hair-pulling exercise.

 

I'm looking to find a lawyer in Nanning or Binyang to help us work out an adoption on my wife's behalf.

 

Any recommendations, suggestions? Attorney or other competent agent we can contact?

 

Thanks in advance. (Some photos and video from our January 2009 China trip.)

Lee, my wife was a lawyer in Nanning before coming here. She says you don't need a lawyer for this. Your wife or I presume someone representing her (mother?) only needs to go to the same office where they issue the little red marriage books and they can tell her what needs to be done there. Hope this helps, if not PM me your phone number and I'll try to talk my wife into talking to yours.

Carl

I am so hopeful and excited about this. What a great heart your wife must have. She has got such an inspiring look on her face in your avatar photo, she looks like she is very focused on the future and very committed to her duty in the present.

[leejcandle]

Robert S.: You really hit the nail on the head with her character. She talks to the girl several times a week about her grades, and she in years past took care of some other orphans, boys her sons age, that are now in their 20s.

 

Thanks for the support guys. :-)

[Guest jin979]

why do you need a agent to do your work for you ?

Edited February 17, 2010 by jin979 (see edit history)

[knloregon]

".....why do you need a agent to do your work for you ?..."

 

Here is the point of view of DOS---- if they have any kind of concern that this child particularly---which may be without hukou, and an adoption may not have the documented approval of the birth parents--how do they know this isn't child trafficking?

 

----Certainly, they have seen plenty of BS payed off "official" documents related to Chinese children wanting visas to the US. And they have rejected plenty of the same---just like we see members pulling white after an interview.

 

The point being -----LeeJ---- again, FIRST, I would suggest you find a immigration attorney in GZ----SECOND----explain your personal circumstances, and ask him for a recommendation of a Chinese attorney who deals with international adoption issues (this is probably a 'no charge' referral) ----so he can craft your adoption in a way that will pass muster with the Consulate---------keep in mind, plenty of jurisdictions in China will issue you adoption papers, but ----you have NO CHANCE to get her to the US without a visa. and if the DOS reviews the Chinese papers, and has questions which don't have satisfactory answers at the interview, its just like a failed interview of an SO here at the Candle.

[leejcandle]

why do you need a agent to do your work for you ?

 

Primarily because we live and work in the US, we don't have possibly months or more in time and effort to handle this ourselves in Nanning. We tried, to no avail, in 2006.

 

My wife was in the process of formal adoption in 2003 when the turmoil of her divorce threw a wrench in the works.

 

So as knloregon explains in his later post, we need competent, knowledgeable persons to help out.