My husband and I did a local Indian adoption of our daughter in 2010 when we both were GC holders. My hubby became USC in 2011. Do we need to satisfy 2 year residency requirement before applying for a visa or is it possible to take the baby to US on some visa and satisfy the residency requirement from US?
Now that your husband is a U.S. citizen, you potentially have a choice. You can either satisfy the two year legal custody and residency requirement so that you can file the I-130 Petition or you can file the I-800 Petition so that your daughter can immigrate through the U.S. I-800 Hague process. However, as you have already completed the adoption, you have some complicated issues to resolve in order for you to use the I-800 process.*
To resolve this you would have to request a waiver of process and either have the adoption voided or provide evidence that this cannot be done under Indian law. In addition, depending on how your daughter was referred to you, you may also need to request a waiver of process regarding your direct contact. Therefore, if you would like to proceed through the I-800 process, you should consult with an immigration attorney with international adoption experience to evaluate your case and determine if these issues can be resolved.
Feel free to contact me.
*The case should also be evaluated to make sure that you and your daughter meet the other requirements of the I-800 process.
The above is not legal advice and should not be relied upon as legal advice.