[jane_mi]

We am geening careholders from China and considering China adoption as Chinese.

Could you sharing how the on I-604 investigation going? who fill the from of I-604?

I wander if the I-604 investigation will turn to unclearly approveable for my I-600 (filing after my US citizenshp) if I have adoption docuemnts from provincial level and the orphanage (I will have no docuemt from CCAA if the adotpion event occurs at the time we both are chinese. CCAA is not involved in Chinese adopting)

We am chinese (will be US citizen). We want to take the advantage of our current Chinese citizenship status for China adoption. In this way, I will be able to get a girl near new-born and avoid all agency fee and donation fee. I feel in this way my girl will have much better care under us and our extended family compared to life condition in orphanage. It will be easier for my extended family to accept her as family member if they have chance to take care of her compared to the case I direct bring her here immidately after adoption. We will also be able to hold my child earlier. I plan to bring my DD around 2 years old and try to spend about half year in China with her and my relatives in same household. She will have to stay with my relatives for another half year. I can't stay with her for all time due to my green card status and all the paperwork, fingerprint and interviews for my naturation and I-600 processes in US. In this way, even she will be realtively older (2+, for example) when coming US, binding will be still easier then the girl directly from orphanage.

I have read all I can got (INS website, Fereal law website) and contact lawyers for the procedures. At worst case of denying adoption visa, we will find a way to stay with the child for total 2 years, then apply I-130 for her. It is not end of the world. I will want and see if we will get an infant girl next year.

We have been considering adoption from China since about 5 years ago before my infertility treatment. did n't do it due to the immigration reason. Still want to adopt and want to hold my child ASAP.


Thank you very much. Enjoy your parenthood.

Jane

[Korrie Sue]

Jane,

I don't know the answers to your questions but I wanted to wish you good luck. I hope someone will have information to help you out.

Korrie Sue

[sak9645]

The I-604 is not a form for parents to complete. The I-604 refers to the investigation that is required in all orphan cases for which a prospective parent has submitted an I-600A and/or an I-600.

Most people who adopt from China through the regular route don't have to worry about the orphan investigation.

Filing the I-600A, which approves the prospective parents to bring some child to the country before a child is actually identified, is not a big deal. As long as at least one parent is a U.S. citizen, the family earns more than 125% of poverty line income, there is a homestudy report that meets USCIS requirements, and there is no evidence of child abuse, spouse abuse, substance abuse, failure to disclose other criminal involvement, or some other major barrier to adoption, the local USCIS office is likely to issue the 171-H, notice of favorable determination.

And with China, more than with any other country except Korea, the investigation that is conducted when a U.S. citizen parent with 171-H approval arrives at the U.S. Consulate in Guangzhou with a new Chinese child and an I-600 is extremely cursory. In fact, when you get to the Consulate, the staff look over your paperwork and, as long as it's in order, you can pick up your child's visa the next day.

Probably 99% or more of the families who arrive at the Consulate have paperwork that's in order. If anyone doesn't have paperwork that's in order, it's usually a simple matter of a misspelling that has to be corrected, or a parent who has let his/her 171-H expire without redoing the I-600A.

The CCAA is very careful not to refer any child who does not meet the requirements of the U.S. Immigration and Nationality Act. Every child referred to an American receives very standard paperwork, including an "abandonment certificate." The abandonment certificate is proof that the provincial government has conducted a three month birthparent search, and has been unable to locate a child's parents. Therefore, the child is clearly an "eligible orphan" under U.S. law.

All in all, and I think I've told you this in another forum, it is very easy to adopt from China as long as one parent is a citizen. The route by which you are proposing to adopt is fraught with peril. You stand a good chance of being turned down, both because the child you adopt may not meet the USCIS requirements and because you are using a very unorthodox procedure that will raise suspicion.

I know that you are worried about getting a young and healthy child if you wait till you or your husband becomes a citizen and then go through the American process. You also want to have your child in your arms as soon as possible.

However, you have to understand that the CCAA is extremely supportive of adoption by people of Chinese heritage living in the U.S., and tries to ensure that they have a positive experience.

As an example, if you work through a U.S. agency that has served a lot of Chinese people and knows how to go about it, you can request that the CCAA expedite processing of your application. China will do this for people of Chinese heritage. This can cut a couple of months off the normal processing time.

The CCAA will also honor requests from people of Chinese heritage that it won't necessarily honor from others. For example, you can request a boy if you want one, and you will almost always get your wish. You can request a child from your ancestral province if you want one, and you will almost always get your wish. And China will probably look more favorably on your request for a child at the lower end of the age spectrum than it would for a non-Chinese person.

And while there are no guarantees, you should know that the care of Chinese children in orphanages and foster care is surprisingly good. While some children have come home with problems, and I don't want to mislead you on that, adoption medicine physicians will tell you that, on the whole, they do not see the serious emotional and physical problems with Chinese children nearly as often as they do with kids from some other countries.

In short, if you use the process that you are considering, you run a lot of risks that you don't face if you go through the standard process.

You run the risk that your application for citizenship will be questioned, since it may seem that you are only seeking citizenship to bring home a child you have already adopted and can't immigrate any other way.

You run the risk that the child you adopt won't meet U.S. legal requirements or won't have the paperwork proving that he/she meets legal requirements.

You run the risk of a long and drawn out process, including appeals of USCIS decisions, which can result in your adoption taking LONGER than it would by the conventional method, which is very standardized.

You run the risk of costs that are much higher than those that you seek to avoid. For example, the costs of lawyer fees and paperwork may wind up being much more than the cost of an agency fee and an orphanage donation.

There are also no guarantees that you will get a physically or mentally healthy child. When you adopt a child who is close to the newborn period, it is actually HARDER to assess certain health risks. And even very young babies can have attachment disorders.

And, although I know that you disagree with me, I think that the risk of attachment problems could INCREASE if you adopt a child, spend some time with him/her in China, then LEAVE him/her for several months, and then come back to get him/her again. Children who lose their birthparents already have enough trauma. They do not need events that seem like new losses.

I know that it's common in China for children to stay with grandparents or other relatives, for a time, while their parents go elsewhere. However, don't forget that most of the children who go through this in China have NOT had an early loss. No matter how young a child is when he/she loses birthparents, this is a significant event that can color subequent perceptions.

I would strongly suggest that you wait till you become a citizen, and then apply through the normal adoption/immigration procedure. You will have fewer headaches, lower costs, fewer risks, and so on.

Sharon

[jane_mi]

Sharon,

Thank you very much for your time for my question. I will re-think about this.
Jane