[rjay70]

Hello:

We just now got our green card in US.
We want to adopt an orphan baby from India.
Looks like the only way to get it done is one of us
giving up our green card, go back to India, adopt
a baby and live in India with the baby for 2 years
to meet the co-residency requirements of US,
and then come to US with the baby on H1-B visa.
We also understand that the husband is the primary
person adopting the baby in India. We have
the following questions.

1. Is there any other way to bring the baby into US
without one of us giving up the green card?

2. If it is the only way, I will retain my green card.
My wife will give up her green card, live in India,
and come back on H1-B visa. Is there any risk
in doing so?

3. Is it ok if my wife stays in India instead of me
when I am the primary person adopting the baby?

Any help/tips from the forum readers will be
greatly appreciated.

Thank you very much.

Regards,

Jay & Vidya from Florida, USA.

[Asha]

You may find some answers by joining these groups for NRIs. Send an email with a short intro to the following:

nri-child-subscribe@yahoogroups.com

IAIC-CHILD-subscribe@yahoogroups.com

Good luck. I hope you find a way to make your dreams come true.

[rjay70]

Dear Asha:

Thank you very much for your reply. We truly
appreciate it. We have subscribed to these
yahoo groups. Hope to get further useful
info from these groups.

Best regards,
Jay & Vidya
Bradenton, FL

[sak9645]

I can't tell you anything about the risks of giving up your green card, or about the risks of trying to come back to the U.S. on an H1-B visa.

But I will confirm that you cannot bring a child into the U.S. on an adoption visa (IR-3 or IR-4), unless either you or your spouse is a U.S. citizen. This question comes up frequently, among green card holders.

To find out about the best and safest way to adopt and bring an Indian child to the U.S., without being a U.S. citizen, you probably should talk with a reputable American immigration attorney.

Sharon