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Hi, two years ago I adopted a little boy from Morocco where we still live (I am a US citizen). I recently got married and my husband lives in LA - hence we are looking for a (recommended) legal office which can help us sort out the best way for my son and I to join my husband in the US. My son has a tourist visa so that is not a problem, but we will be there soon and would like to try and locate a good, efficient lawyer knowledgeable in international adoption laws.
Thank you for any help you can provide,
Nihal
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I'm not sure what the problem is.
If you are an American citizen, have completed a legal adoption overseas, and have lived overseas for two years with the child, you should be entitled to a dependent visa for your child with no problem.
The fact that you lived overseas for two years with your son is critical. If you had completed the adoption overseas, and then tried to come to the U.S. immediately, you might have had problems if the child didn't qualify as an "eligible orphan". But if your adoption was legal and you have had full custody of him for two years overseas, you should be able to get a dependent visa with no problem.
Once you are in the U.S., if your husband is not on the original adoption decree, he can go to court to do a stepparent adoption, which would make him the legal father. And you could go to court to do a readoption if you wished, but it would not be absolutely necessary if your adoption overseas was legal.
Sharon
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Thank you Sharon for your feedback. What you are telling me is news to me, since when I adopted my son (while living in Morocco, where we currently still live), I went to the US consulate and they told me that, since I was Not living in the US my adoption did not qualify.
I have had my son for just under two years. His adoption is legal by all Moroccan standards (I am a dual citizen). HOWEVER, according to the laws here, adoptions are in reality only "legal custody", and not full adoptions as in the US. Perhaps this is why the US consulate told me i didn't qualify. I would be grateful if you could point me in the direction of where I can get information on this account. Can I still apply for a home study case, here in Morocco, despite the fact that I already have my son?
Ultimately my husband of course wants to adopt my son, however, at this point, and in lue of your post, i am not sure which procedure is simplest (for us to then get the status necessary for him to live in the US).
Thanks for your help,
Nicaru