[sak9645]

Unfortunately, under the U.S. Immigration and Nationality Act, the child will not be able to get an adoption visa (IR-3 or IR-4) to enter the U.S., unless at least one of the prospective parents is a U.S. citizen.

It doesn't matter whether you would be adopting the child overseas or bringing the child to the U.S. under a decree of guardianship for adoption here. At least one parent must be a U.S. citizen to get an adoption visa for the child.

Unfortunately, there are no other visa categories that would allow two non-U.S. citizens to bring a child to the U.S. immediately after adoption or acquisition of guardianship. You would probably have to move back to India, live there for at least two years with the child, and then apply for the child to come to the U.S. as your dependent.

This is an immigration requirement that many people would like to see changed. At this time, however, it does not appear that this aspect of the Immigration and Nationality Act that is likely to change any time soon.

Sharon