Non-Hague Adoption process?

[audelair]

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.

[Randy W]

I wouldn't think you'd experience any problems with what you want to do, but I don't remember anyone here actually doing that. Maybe someone will have better information.

 

You seem to know what you're doing, but here's a thread that Dan posted a while back, including a link to an article about it - http://candleforlove.com/forums/topic/44125-immigration-through-adoption/. I doubt there will be any surprises there for you.

 

You might try searching through adoption web sites, although those tend to be about adopting orphans (which doesn't require the two year custody period).

[dnoblett]

Yep, that is about all there is, that one is listed at the bottom of this page due to sharing the same tag.

 

For even more click the "Adoption" Tag located in your post title, it will show all topics having the same tag.

 

http://candleforlove.com/forums/tags/forums/Adoption/

[dnoblett]

I believe when adopted through this process the child will not obtain automatic US Citizenship until after they arrive in the USA, so once clear of the 2 year requirement you will need to file an I-130 for an IR-2 visa (Probably can file DCF), and once they enter the USA, all you need to do is file an N-600 for naturalization cert and Citizenship evidence. After that an you can apply for a US Passport.

[audelair]

Thanks for the replies. That helps clarify a few things… And I suppose that means we would need to get a Chinese passport for her in order to get the visa, since we cannot get automatic citizenship with a US passport. Will have to ask my wife to look into how that all works out. We are still on the fence about the whole thing, but pretty excited about this possibility!

[Doug]

My ex, who is Chinese and a 10 green card holer, adopted her niece. The girl will have been living with her for 2 years just before she turns 18, so there is a narrow window for the immigration thing to start.

 

They got her here on a student visa for a private school, and now she quit that school and is in public school. They have no idea if the private school cancelled/reported that she is no longer a student, so she may be illegal now, but they don't care, per the advice of the lawyer.

 

For the adoption the parents did all the things needed to sign away their daughter. An American lawyer was used who had people who did all the translations needed the proper way. So far so good. Time will tell on this one. The lawer is American and is confident what they are doing is the right way, even though technically whe is illegal at the moment.

 

Don't know if it helps but maybe will give you ideas.

[knloregon]

Hague Convention is an important distinction, as you well know. I have two Chinese daughters adopted under the Hague convention, and I'm aware that the wait under the CCAA for foreigners to adopt is now in excess of 4 years (non special needs). Sorry I can't help in your case, since the process you are going through is most likely provincial, rather than national. But I suspect your child would obtain US citizenship (as my daughter #2 did) simply by stepping on American soil. --- If I recall correctly, Congress passed a broad exemption in that regard. --- Good Luck! (and if you are successful, expect to have your greatest parenting wishes fulfilled!)

[warpedbored]

Hague Convention is an important distinction, as you well know. I have two Chinese daughters adopted under the Hague convention, and I'm aware that the wait under the CCAA for foreigners to adopt is now in excess of 4 years (non special needs). Sorry I can't help in your case, since the process you are going through is most likely provincial, rather than national. But I suspect your child would obtain US citizenship (as my daughter #2 did) simply by stepping on American soil. --- If I recall correctly, Congress passed a broad exemption in that regard. --- Good Luck! (and if you are successful, expect to have your greatest parenting wishes fulfilled!)

Since China isn't signatory to The Hague Convention, how do Chinese adoptions fall under it?