Adopted Child I-130 Update Manila

[rickster62 2]

We filed DCF last Thursday, January 7th and received our acceptance notice (NOA2) yesterday. Many thanks to Larry at Pinayvisa and all the other posters on the forum, especially the ones who posted within the "Hot Thread" topic several pages down from here. I emailed USCIS Wednesday, and after receiving a quick "90 day response" form letter, received the good news.

Don't waste your money with an attorney like I did. The first one I hired is an American lawyer based in Manila and calls himself a "local immigration consultant". I gave him a $1000 deposit and basically never heard from him again. This, after promising to "hold our hands" and walk us through the process.

Next I hired an immigration attorney based in Seattle who did not know how, when or where to file. She knew nothing about DCF and suggested we file in the States. Then she mailed our application to Manila, which of course is not allowed. It worked out great because they were super friendly and responsive, and volunteered to hold our application until we arrived at the Embassy. So basically just read these threads carefully and, if you like, hire Larry. For $500 he knows a heck of a lot more than the attorneys I hired.

For local adoptions, you need both two years Physical Custody and Legal Custody. The former can be accrued before or after the adoption, and the latter (here in The Philippines), commences the day the adoption petition is filed in court. The Embassy IS aware of this provision and honors it (usually the two years Legal Custody commences from the date the adoption is finalized) Make sure the date is clear and officially notarized. None of this post applies to those of you who are going the Hague route or any other means

I cannot believe it took us so much time, effort, heartache and money to find out about DCF. I am a fairly intelligent guy, but I guess i never Googled the right search terms. My wife (dual citizen) is the one who officially filed since she has been in The Philippines the longest and most easily met the requirements for Permanent Resident.

Local adoption ARE recognized by USCIS for immigration purposes, and they even sent us a list of requirements before our InfoPass appointment last week. I will copy it in a follow up to this post when I get home.

It is my hope and goal that the next couple going through this process will not have to endure the confusion, misinformation and disinformation that we did. We will begin calling IV Manila for a case number next week, fill out the DS-260 online, then make our appointments for St Luke's and the interview.

I will be more than happy to answer any and all questions. Take care and God Bless.

Rick

[rickster62 2]

Here is a copy of the email I received form USCIS Manila shortly before our InfoPass appointment last week:

REQUIREMENTS IN FILING I-130 PETITIONS FOR ADOPTED CHILD

BY A U.S. CITIZEN RESIDING IN THE PHILIPPINES

Proof of Residency

Requirements include but are not limited to:

Ø Documents from the Philippine Bureau of Immigration; foreign tax returns; business ownership; property ownership; employment; education; rental/lease agreement; utility bills; bank accounts/statements; Philippine issued IDs, i.e. PRC, driver’s license; etc.

Forms and Documentary Support – please arrange documents in the following order:

Ø Correct and completely signed Form I-130. Visit our website www.uscis.gov to download form.

Ø Proof of Citizenship: Valid passport, birth certificate or Naturalization Certificate. Originals must be presented at the time of filing the petition for authentication;

Ø Proof of petitioner’s termination of any previous marriage, if applicable;

Ø Marriage certificate, if applicable;

Ø Accomplished Supplemental Questionnaire for Adopted Children (attached);

Ø Birth certificate of child before and after adoption;

Ø Court document showing date when the adoption was filed in court. (Under the Philippine law, legal custody commences on the date an adoption petition is filed.)

Ø Final Decree of Adoption showing the child was legally adopted before the age of 16;

Ø Proof that you and/or your spouse exercised parental control for 2 years. Documents dating from the time you had the physical custody of the child, i.e. (1) family photos - timely dated and with description (2) child’s health records (hospital records/bills, doctor’s prescriptions, receipts, vaccinations, etc.) (3) School records (school cards showing parent’s signature, waivers/consent, tuition fee receipts, and letters/invitations from school, etc.) (4) Also documents listing your child as your beneficiary or dependent (insurance policies, Income Tax Returns, pensions, dependent card, etc.) This 2-year period does not need to be continuous or concurrent with the legal adoption. It can include time before or after the effective date of the legal adoption. This requirement can be very difficult to meet when the adopting parents live in the U.S. and the child lives abroad. The adopted child must have physically lived together with the adoptive parent/s in a parent-child relationship (with adoptive parent/s exercising primary parental control over the child) - looking over the total welfare of the adopted child.

Filing fee of $420. Payment of fees at the U.S. Embassy, Manila is limited to the following methods:

· Cash in U.S. dollars or the equivalent in Philippine pesos;

· Credit Card (Visa, Mastercard, American Express, or Diner's Club);

· U.S. Postal Money Order in the exact amount; or

· Traveler's Check (at least 60% must be paid in traveler's checks to receive change in U.S. dollars or Philippine pesos).

For more information regarding Petitions for Adopted Children, please check our website: www.uscis.gov or call our office at (632) 301-2000 ext. 2224.

[Msbambootres 1]

Hello Rick, My husband has sent you a private message regarding domestic adoption in the Philippines. We are really hoping to hear from you as we are about to start the process of adoption filing for our little girl - distant relative. She is now 3 and I've been caring for her since she was 2 months old but we took her from her parents when she was a week old. We have so many questions we would like to ask. Thank you in advance.

Amie