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I am just starting this process. Here is the specifics of my situation. My husband and I have a couple in Haiti that we are going to be adopting their son. Both parents are willing to sign over custody to us. He lives with them and is not in an orphanage. I don't have a clue as to where to start in this process. Is it possible to not have to get an agency involved since both parents are alive and are ready to sign over custody? I hope all of this makes sense. We are also going to be adopting a little girl from an orphanage. This orphanage is run by some close friends of ours. Does anybody have any advice or where to start on either of these cases? Thank you so much.
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Thank you. Lol, I think I will read this light reading in the morning. Otherwise, I might not comprehend any of it. So, if this is true then custody might have to be reliquished to the same orphanage that the girl is in and then adopt that way? Thanks, I will read up and see what I can figure out.
With regard to the boy who has been living with two parents, even if you are able to complete an adoption under Haitian law, you will not be able to bring him to the U.S. on an adoption visa (IR-3 or IR-4). U.S. immigration law does not permit an adoption visa to be granted to a child who does not qualify as an orphan under the law. Under the law, you can get an adoption visa ONLY if the child fits into one of the following categories:
1. Has been living with a single parent who cannot support the child at a level considered normal in the country.
2. Has two deceased parents (death certificates needed).
3. Has been abandoned by his parents, who cannot be located and have had no contact with the child for a significant period of time.
4. Has been removed from the parents' home by a legitimate government agency for reasons such as abuse or neglect, and has experienced the legal termination of parental rights.
5. Has been legally relinquished by the parents and is living an orphanage or similar setting. Note that there will be a serious USCIS investigation if the child is in this category, to avoid the possibility of fraud. Too many people have put a child in an orphanage for a short time to subvert U.S. immigration law and obtain a visa for him/her even though he/she still has two living parents and has remained in contact with them. The child will usually have to have been in the orphanage for at least a year, to have had no contact with his/her parents during that period, and to have gone through a legal termination of parental rights.
If you cannot get an adoption visa for a child whom you have adopted, you will, unfortunately, have only two options:
1. Live overseas with the child for two years, and then apply for a regular visa for the child.
2. Overturn the adoption and return the child to the orphanage, if you simply cannot leave your home and job and move to Haiti for two years.
While you could try to get a medical or education visa for the child, remember that such visas are NOT immigrant visas; the child would have to return to Haiti once he completed medical treatment or had a certain period of education. Also, if the USCIS knew that you actually were the legal parents of this child, there would be a suspicion that you would try to subvert the intent of the medical or education visa and keep him/her in the U.S. permanently; the visa would be denied.
In short, I would urge you not even to try to adopt this child. Remember that, if Haiti were to let you adopt him, you would have legal, financial, and moral responsibility for him, but you would not be allowed to bring him home, unless you lived overseas with him for two years.
With regard to adopting the little girl who lives in an orphanage, please go to the website of the U.S. State Department, at [url=http://adoption.state.gov/country/haiti.html]Country Specific Information for haiti.htm[/url]. Read Haiti's requirements for adoptive parents and the child to be adopted, and learn about the process. See if you qualify and the child qualifies, and if you feel that you wish to go through the process.
Sharon
Thank you to all for the information. I wanted to clarify a little bit on the little boy. Both of his parents are alive but he only lives with one. His mother who is having an extremely hard time providing for him. So much so that he has been ending up at my friends orphanage without her. However, when at the orphanage the father does then have access to him. Is it possible for the parents to sign over revokable custody to the orphanage and adopt him just as we would the little girl?
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If you can document the fact that the woman has no contact with the child's father, is not living with him, and does not receive any support from him, you might be able to prevail with the USCIS. I just want you to be aware that, because so many people try to circumvent the "eligible orphan" rules, the USCIS may be skeptical if they find that the father has been visiting the boy and, maybe, buying him things.
Sharon
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GODISINCONTROL
Just wanted to update everyone! We found a way to adopt the boy and girl! Legally of course without trying to go around any laws! God is always faithful!
Hi, I was searching around and found a few posts about your situation. My husband is from Haiti and his mother still lives there, my mother has been wanting to adopt a child and his mother in Haiti knows a lady who just had triplets and cannot care for them, she was wanting to let my mother adopt one of them. The father is not in the picture and clearly the mother cannot care for the 3 babies however my mother has no idea where to begin and there is such a language barrier, she does not speak Creole. She really wants to adopt one of the children, but only legally, I was wondering if you could tell me how you were able to adopt your son? Thank you so much!
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