Another adult adoption question

[nusantara]

Under Arizona State LAw, I understand that it is possible to adopt a an adult foreign national age 21 and below. Also according to the law, the adoptee must be in state at the time the petition is filed.

My husband and I are Arizona State residents but currently working in the Philippines. We have taken full care of an girl who is an Indonesian citizen since she was 10. Full care meaning food, clothes, schooling, love, fun, guidance, etc. We could not legally adopt her under Indonesian law as she was overage when we began to care for her. Ten years have passed. She is 20. We would like to formalize the arrangement.

I am worried that when she applies for a visa to go to the US so we can file the petition, the request will be denied. Once denied, there is a 2 year waiting period before one can reapply and she will be over 21.

The US embassy does not have to give a reason for denying the visa. Her age group is considered likely to overstay..

What is the best way or type of visa to apply for so that she can be present for the filing?

[nextwife]

Originally Posted by nusantara

Under Arizona State LAw, I understand that it is possible to adopt a an adult foreign national age 21 and below. Also according to the law, the adoptee must be in state at the time the petition is filed.

My husband and I are Arizona State residents but currently working in the Philippines. We have taken full care of an girl who is an Indonesian citizen since she was 10. Full care meaning food, clothes, schooling, love, fun, guidance, etc. We could not legally adopt her under Indonesian law as she was overage when we began to care for her. Ten years have passed. She is 20. We would like to formalize the arrangement.

I am worried that when she applies for a visa to go to the US so we can file the petition, the request will be denied. Once denied, there is a 2 year waiting period before one can reapply and she will be over 21.

The US embassy does not have to give a reason for denying the visa. Her age group is considered likely to overstay..

What is the best way or type of visa to apply for so that she can be present for the filing?

Adult adoption is NOT an end run around US immigration law. Adult adoptees are not given any preferential treatment as to immigration.

[nusantara]

Let me clarify, I am not referring a "stay" Visa

As I wrote in my original post:
"I am worried that when she applies for a visa to go to the US so we can file the petition, the request will be denied. Once denied, there is a 2 year waiting period before one can reapply and she will be over 21. Her age group is considered likely to overstay.What is the best way *****so she can be present for the filing?****"

We live overseas. She needs a visa to travel to the US so she can be present at the time the petition is submitted.

This is not an end run around citizenship or greencard requirements issues. We are currently living overseas, she is in school, there is no intent to use this as an excuse to go to the US and stay.

Grateful if someone has a suggestion as to the type of visa or documentation she will need so that when she applies for a visa so that she can be present in Arizona at the time the visa is presented.

[LdiJ]

Originally Posted by nusantara

Let me clarify, I am not referring a "stay" Visa

As I wrote in my original post:
"I am worried that when she applies for a visa to go to the US so we can file the petition, the request will be denied. Once denied, there is a 2 year waiting period before one can reapply and she will be over 21. Her age group is considered likely to overstay.What is the best way *****so she can be present for the filing?****"

We live overseas. She needs a visa to travel to the US so she can be present at the time the petition is submitted.

This is not an end run around citizenship or greencard requirements issues. We are currently living overseas, she is in school, there is no intent to use this as an excuse to go to the US and stay.

Grateful if someone has a suggestion as to the type of visa or documentation she will need so that when she applies for a visa so that she can be present in Arizona at the time the visa is presented.

Ok, so what you are saying is that you want to adopt her, but cannot do so in Indonesia, so you want to return to the US and do it there. You don't wish to remain in the US, you simply wish to get an adoption accomplished, to formalize your legal relationship.

I would suggest that you first get a consult with an adoption attorney in AZ. If you don't intend to remain in the US you may have residency issues to deal with, and, if you aren't trying to sponsor her into the US, then she may only need to be there for hearings. A tourist visa may be enough for that.

Anyway, after you get your consult with the attorney, then decide how to handle it with the embassy.

[nextwife]

I believe this plan has problems due to jurisdictional issues. When adopting a foriegn citizen, one must follow the rules of THEIR nation. Example: my daughter had to be adopted in her country, under the laws of her country and also have a Visa issued to come to the US. But her international adoption had to be final FIRST.

I'm not sure how adoption works when the adoptee is only visiting the US, as to the US having any legal rights regarding adoption.

This definately requires a conslt with an adoption attorney who is well versed in international adoption.