Hey, here is my understanding of these two options, and I'd appreciate if you could answer these two questions:
Case 1: green card, 2 years together, I-130, F2A visa (most likely another 2 years based on current priority day)
- Lucky: get B-2 visa, and child come to US to stay with us. Then after about 4 years to get F2A immigration visa.
- Not lucky, can't get B-2 visa for the kid, I can't go back to China for 2 years (due to risk of losing green card). -You can apply for reentry permit which allows you stay in China for > one year < two years. It is renewable.
- One option, during 4-year period of time: I travel back to China to stay for half year then back to US for another half. Possible but not practical-It will not work.
Question 1: once I realized B2 visa failed, can I get citizenship, travel back to China to stay for 2 years, then apply for I-130 and F2A? - -Yes, then you can file I-130 for the child to apply for the immigrant visa immediately as the US immediate relative of a US citizen, not F2A if you get the US citizenship. Consult an immigrant lawyer if necessary.
- The other option, wait 14 years for kid grow up to 14 years old (but before 16), and he/she apply for F-1 visa to study at private high school. I certainly will not go this route and try all my best to avoid.
- One option, during 4-year period of time: I travel back to China to stay for half year then back to US for another half. Possible but not practical-It will not work.
Case 2: get citizenship, be American, go with hague adoption, I-800A/I-800, IH-3/IH-4 visa
Question 2: My understanding is that you can't choose the kid. In our situation, we've already identified the to-be-born kid, and need to confirm if we want it or they have to go with abortion very soon. Can you elaborate "somewhat complicate”? Is it complicated in term of luck or waiting time?
-You need to follow both Chinese adoption law and US adaptation law. This is complicate process. You had better hire a lawyer to help you in this case.
Once again, truly appreciate your help.
