Visa Appointment at the US Embassy and Growing versus Rotting

Thursday we had our visa appointment at the embassy. Actually, I thought it was just the appointment for the issuance of the Article 5/17 letter. But apparently it was for everything. Which is great, except I wasn't prepared for it. So Kevin drove home really quick to pick up Zac (who was napping) and I ran upstairs to the bank to get the US$230 visa fee.  We took Zac next door for his passport photos. And thankfully I had everything else I needed already in my folder.
A few clicks on their keyboard and a few minutes later, and the adoption coordinator handed me the sealed envelope containing our Article 5/17 letter.

And the good news? Everything regarding our visa is now ready. Once we receive the official adoption certificate from the courts (two weeks after our final judgment on May 30), then we can apply for Zac's Kenyan  passport. We found a service that will expedite the passport for us (still checking to see if that's legit). Hopefully that will take a couple of days, then we go to the Embassy again. Turn in our adoption certificate and his Kenyan passport, and they'll issue us our US visa in his passport that same day (possibly).

Regarding the Article 5/17 letter, I am couriering it over to my attorney on Monday along with my signed affidavit. My attorney is planning to make an appointment with the judge and ask/beg him to take the letter so he can put it in our file. That way he can review it in the meantime and render the final judgment on May 30 as opposed to turning the letter in on May 30 and having to go to a fourth court date after he reviews it. But my attorney is not sure whether the judge will even hear her, let alone take the letter. So we'll see...

I said to someone recently that it's "all downhill from here" regarding the court process. I had no idea this portion would still be stressful - - but with the new judges and not knowing what additional documents they might require at the last minute (which they did to my Canadian friends...) makes this 5-week-wait-to-the-final-judgment a bit hard. I have a friend who is in the Ukraine right now picking up her 3 newly adopted children. She wrote on her blog once that during this whole process, we can grow in Christ and turn into beautiful fruit. Or we can rot on the tree. Man, sometimes I feel like I'm just rotting. Lord, please help me grow into beautiful fruit. Overflow me with your Grace, Mercy, Love, Joy, Peace, Patience, Kindness, Goodness, Faithfulness, Gentleness, and most of all, Self-Control. Overflow me so I can extend your fruits to my Children on a daily basis. So I can be a light to others around me. So we can all grow closer to You.

Possible Citizenship Issues

There seems to be an issue lately with the two new Nairobi judges and their views/ignorance of the immigration laws of other countries.

Two of my friends lately have gotten to their court date, and the judge refused to go any further until they can prove the child will be  guaranteed citizenship in the parents' home country.
This is only happening to Canadian and US adopting families. Why? Because unlike the Europeans adopting families (who get their kids' European passports before leaving Kenya), our kids will not legally receive US citizenship until their feet touch US soil. Hence, we cannot obtain a US passport for our child here in Kenya. We have to obtain a Kenyan passport and go to the US embassy for a US visa stamp inside his Kenyan passport. Then when we can file for his US passport once we physically get back to the States.

The problem I have witnessed recently is that when my Canadian friends arrived at their third (and supposedly final) hearing, judge did NOT grant them a final judgment. He said he wanted proof that the kids would receive citizenship, and put the burden on this family to provide 250+ notarized pages of Canadian law and letters and documents. Will every family have to provide this information? If so, why did the judge wait until the final hearing to inform them of such? Why weren't they informed of this so they could have gotten the documents together beforehand? Keep in mind these folks have dropped their jobs, their homes, their entire lives to move to Kenya for a year to adopt these children. Now at the very last minute possible the new judge decides to add in more requirements.

This infuriates me on many, many levels. We Hague-party adopting-families have already been through months and months of notarizing and documentation at the beginning of the process.

For me, I was sort of thinking: "Okay, this is the first Canadian family that has adopted in years. Maybe the judge just needed a refresher course to ensure these Kenyan kids aren't stuck without citizenship to any country."

Fast forward one week.

I just found out that another friend of mine is having a similar issue. She is a US resident and adopting via the Kenyan resident path (because she has lived here over 3 years and can bypass the international route like we had to go through since we aren't here permanently). I know several folks in this same situation: Americans living here and adopting locally. There are a few different rules and hence a few different consequences. One of which being that you cannot go straight to the US to live for at least 2 years after the adoption is final. But the paperwork is much easier and the process is way less expensive. So it's definitely preferred for some folks.

So one of my friends went into court recently and should've been appointed her GAL at that first hearing. However, the judge said he wanted additional proof regarding the child's future-US citizenship. I don't know all the legal requirements, but a child in this situation (after going through the appropriate steps) would indeed be allowed US citizenship eventually. The US embassy here has a form letter they give to adopting families that explains this to the judge. Well, this form letter (that has always been used in the past) is now not good enough for the judge. The judge wants an additional letter from the US embassy basically reiterating what is in the form letter.  This has never been an issue in the past with the prior judges. I personally know of several kids that have adopted recently via this local-resident path and there were no issues.

I have said all along and I fully believe adoption is a spiritual battle (Unless of course kids are being put into same-sex marriage family. I'd love for a study to be done at some point to see the ease of their processes.)

Our next court date is over a month away. If I need to be gathering additional documentation regarding  the laws and rules of US Citizenship then I need TO DO IT NOW. I NEED TO KNOW NOW.

I've emailed my attorney a few times, and I'll put in an email to our stateside agency. We are literally flying out of here in July. I do not have time to gather and notarize additional documents from the States. I am so stressed out about this (literally, my blood pressure is up now just typing this) that I cannot seem to focus on anything else.

I'm not sure what my point is in typing all this out. I guess if you have read this far, then I ask you to please pray that these two Nairobi judges would get educated on these issues and do their jobs correctly. So that families stuck here don't have to pay the price in the end.

Our Complete i800 Timeline

Someone asked me how long our i800 process lasted, so I thought I would write it out here. (You can also look at my timeline in the other tab.)

Essentially it took Immigration 8 days to issue our first part, which was the RFE. Our application packet had two main problems: 1) Zac's birth certificate listed the wrong date. LAN had to ask the hospital in Kenya to reissue a corrected birth certificate, and 2) the NAC letter was missing the official raised seal and stamp. The NAC's stamp was broken back when my approval was sent, so Immigration had to contact the US Embassy here in Nairobi to ask whether the NAC letter is still valid without the official raised seal and stamp. It is. (THANK YOU JESUS!).

Once we got all the corrected documents sent back in to Immigration, it took exactly three weeks for Immigration to approve our application. Our officer fedex'd it to us, and we should receive it here in Nairobi in a few days.


October 12, 2012 - i800 approved!

September 21, 2012 - USCIS received our corrected documents.

September 19, 2012 - Stateside agency mailed supplemental i800 documents.

August 22, 2012 - i800 RFE'd (Request for Further Evidence) - need to reissue birth certificate

August 14, 2012 - Email from USCIS that they received our application.

August 7, 2012 - Stateside agency mailed i800 application.

i800 Filed!

I just received notification that my stateside agency mailed our i800 packet to USCIS today!

THIS IS THE LAST DOCUMENT WE HAVE TO FILE IN ORDER TO HAVE ISAAC IN OUR ARMS!!

I cannot believe I am writing that last sentence!!

Dossier to Kenya: May 29, 2012

We drove our dossier down to Little Angels today.
Oh I was nervous to hand it over.
14 months of work, $17,000 so far, 191 pages.
No wonder I was nervous to hand it over.

The kids and I laid hands on the binder and declared that with each page the NAC flips through, that the Holy Spirit would prick their hearts, they would fall in love with us (!).
That each document would be accurate and correct and complete.
That our binder would be glowing with the Glory, and each member of the NAC would see the Glory.
That we would be approved to adopt at their meeting.

The NAC meets on June 13. And then we will be notified in July at some point whether we were approved.

I celebrated by brewing a pot of something special I just got in the mail today, New England Coffee Chocolate Cappuccino!!



Kevin asked me how I feel. Yesterday I was very very emotional.  Today I am just tired (mentally). This has been a part-time job for me for months. So I don't think it's quite hit me that I have nothing else to work on. I'm done. There is no other paperwork to do. (Well except the i800 application, but my stateside agency will help fill all that info out for me.)  Now I can plan our new school year!  Woo-Hoo!!

Terminology

So exactly how complicated is this process? (Yes, I'm whining again.)
Here is an email I sent our Stateside agency. We are having a few issues with the standard authentication since I am already here in Kenya and some of my documents have Kenya notaries instead of US notaries.
The paperwork is so tedious and technical!  Here's the email.


Dear ---,
Okay I'm understanding the authentication process a little better...
My courier emailed me and asked if I was sending a notarized Affidavit of True and Accurate Document to include with our homestudy so the US can authenticate it.
Our agency here suggested having CAS notarize their original Homestudy Approval Letter, and attach that with the homestudy to present to the NAC with my dossier.
But technically, I should be able to take my homestudy to Ministry of Foreign Affairs here in Nairobi and have it authenticated.  You guys' homestudy approval letter...is that supposed to be included in my dossier as well? Is that a requirement of the NAC? Have you guys ever notarized/authenticated those approval letters in the past? If not, then why would I need to have CAS notarize/authenticate them now? I realize since the approval letter originates in the States then the NAC might require it to be notarized, but if you guys have never notarized them before then why should we have to start all over again with that now?
About the i800a, am I right, below, in suggesting that I always keep the original with me? However, since the i800a approval letter is not notarized, then even though the document originates in the States, the States will not be able to do anything with my Affidavit because my affidavit will be notarized by a Kenyan notary, so the US can't do anything with it even if I sent it to the State Dept to be authenticated.
Wow these are such TEDIOUS questions!!  But valid ones as the NAC will kick out my dossier if I do something wrong!  And I just don't have the time left in my timeline to have it kicked out by the NAC. Because if they don't approve us then we'd have to call off the adoption because there would be no way we'd have time left in our timeline to redo paperwork at that point.
Okay I think I am hyperventilating at the thought of that.
Sincerely, Jessica

USCIS Cashed Our Check Today!

Okay, I know it doesn't seem like big news...
But the USCIS cashed our check today for the application fee.

Woo Hoo Woo Hoo Woo Hoo!!

Mailed my i800a application!

We mailed our i800a application this morning!
So much has gone into this so far to get to this point.
Ah, maybe this will actually happen in the time we are here.
Thank you Jesus!!

Here's what was in the envelope:
1. Notarized Homestudy
2. Homestudy Approval Letter from CAS
3. Two sets of fingerprints (Kevin and me- only one is required, but submitted two in case there were problems with one of them)
4. Application fee, check written for $890
5. i800a Application
6. Consent to Disclose Info Form (in case USCIS has questions, they can contact our US agency instead of sending it all back to me here in Kenya)
7. E-Notification of Acceptance Form (which states USCIS will email me when they receive my application)

The ladies in the USCIS office yesterday said the i800a approvals are coming through much faster than expected lately.  She said adoptions are their top priority. That was nice to hear!  So prayer warriors, pray that all our information on the application is completely accurate and that approval will come quickly.

I have to commend our state-side agency, Carolina Adoption Services.  Marie received our homestudy via fax from me Thursday around noon and literally emailed me our Homestudy Approval Letter (which is required for the i800a application) that same afternoon.  That's the only reason I was able to file the i800a so fast.  So, wow, thanks to CAS for working so hard on my case!!

Electrical Problems and No Updates

Wow I am so excited to be sitting at a computer writing a blog post!!  (I'm writing this on all my blogs!)

My computer is dead - it somehow got a terrible virus when we arrived here and is completely unusable right now.

Then the power cord on Rachel's computer broke, and we JUST GOT A NEW ONE IN THE MAIL!!!  So this is the first time in almost a month that I have been able to type out my homeschool curriculum and print things again and blog again!

It is strange; we have had so many electrical problems since we moved here.  Kevin's 65" inch TV died, our VCR (that I just bought in the States this summer), Rachel's iPod dock, our computers, and today our bread machine died.  It took me forever to set up our printer and Vonage phone.  I still cannot use my fax machine.

To say it is upsetting is an understatement.  There have been some days where I just wanted to pack up and leave.  And then I remember we are here for a reason...so we trudge on.

And actually, there has been absolutely nothing to update.  We are still waiting to review our Home Study Draft from Little Angels.  It was the end of September when we finished all the home visits.  I am preparing my Dossier materials to be Authenticated.  But I cannot resolve my fax issues - - so I cannot fax my documents to my agency in the States for review.  I have had a very, very difficult time of paperwork since moving here.  Silly issues like trying to find U.S. money orders and mailing documents and faxing materials.  Things that are super easy to do in the States but has been impossible here.  I do not know why.  I am trying to stay encouraged.  With the Spirit's help.

There have been many days recently where I have prayed:  "Okay, God, is adopting still Your Will for our family?"  That is how seriously difficult it has been.  So I still keep doing paperwork.  And I still keep praying, waiting for a Word.

Short Rains Season

We received our U.S. background clearances in the mail this week.  I ordered two sets - one from the actual FBI, which will already have the apostille (msp?) stamp on it and one from a private company that we paid to have expedited here.  I am not sure which one will be accepted by the government, so that's why we went ahead and ordered both.  The FBI said it could take up to 8 weeks to receive theirs in the mail.

Now I am in the process of working on my dossier, which means sending each of my individual documents to the Secretaries of State in which they originated.  I am so happy to have a way to mail things here!  And to have a DPO address!  It takes only a week and a half to receive mail here as opposed to 3+ weeks with the diplomatic mail system we had in Taiwan.  That cuts the time in half!  So even though we have a lot of documents to mail back and forth from overseas it will definitely be a little easier with this system set in place.

It is turning fall in the States, but it is the "short rains" season here.  It rains a little bit every day and pretty much every night.  But it is very warm when the sun is out, so we spend a lot of time at the pool during the day when it is not raining.  We are decorating for Halloween.  Apparently Halloween is a big deal here on the compound, just like our neighborhood in Taiwan.  The kids are so excited and can't wait!

There is a lot of stuff going on here in Kenya.  The military here has gone into Somalia to push back AlShabaab, who keeps coming over the border and kidnapping people from Kenya.  The kidnappings are maddening, so although I hate war, I am happy that Kenya is standing up and defending themselves.
In fact, yesterday a helicopter flew over many times with this banner attached:  "Defending Kenya".

It was a good morale booster.  Go Kenya!

Today is a Kenyan holiday, Mashujaa Day.  Happy Heroes Day!

Pastoral Reference

I am holding my Pastoral Reference in my hand!

Another document marked off my checklist!!

Certificate of Good Conduct

This is our Taiwan Criminal Record Certificate. Isn't it cute??!

Finishing the Paperwork

Okay we are almost finished with gathering all our documents.

Our Taiwan criminal record has arrived in the mail. My personal reference and pastoral reference are working on their forms. We have the completed, notarized medical forms for all 6 family members, four certified copies of everybody's birth certificates, certified copies of our marriage license. On and on!

This is my collection of files. It is getting fatter and fatter. That's a good thing! We are very excited!!

How I Orderered Birth Certificates

Here's a great article entitled, "If You Can't Adopt Just Yet" on adoption.com.

That site has so much information!

Right now, the only thing I can do is start gathering the information I will need for my file.

And it's a good thing I am doing it now because it takes me about 3 weeks to get mail where I currently live overseas. And...vitalchek will only mail documents to the same address that is on your credit card file. So I have to get these now or else I will most likely have to wait to request them until we move to our next post.

So, today I ordered 4 copies of all the kids' birth certificates, my birth certificate, and our marriage license. I ordered from vitalchek.com and the process was super fast and easy. Now I just sit and wait for them to arrive. In the meantime I will try to figure out all this apostille stuff I keep reading about!