Pls help to bring my adopted child here in US

[tinaparin 0]

Hi Visa Journey members,

I would like to seek help to anybody here who knows how to process adopted child from Philippines. In my case, the child which is actually the daughter of my cousin was left under the care of my uncle and his wife (the parents of the biological mother) in Samar province. When I had a vacation in philippines 6yrs ago, my aunt asked for help if I can adopt one of my cousin's children since she just left them in their house and leave without any advice on when she will be back for her children. Being a single woman and I was already a US citizen that time, I am glad to have a baby and I was so very happy and it feels like a blessing to me that Im gonna have a kid and that baby is not just from anybody else but from my relative.

Unfortunately, its been 6yrs already and I even wasted money to adoption lawyers/agencies, until now she is still in the philippines. It got even worse when Samar and Leyte was strucked by typhoon Haiyan last year which prompted me to go there immidiately to save her and to move her in Manila.

I am still lucky that I saved her from that tragedy but until now I am still worried whenever there is a typhoon coming in the ph. Our house in Leyte is still partially collapsed, that's why She still in Luzon under the care of my friend. By the way, I met her biological mother last year and she already signed the consent in DSWD that she is letting her child be adopted by me.

I really miss my daughter and I don't want to take another couple of years just to bring her here in the US.

Pls, if anybody here who has an expertise on this kind of case, pls let me know through this forum.

Thank you very much in advance..

Sincerely

[Boiler 43,434]

How old is she?

Where is the father?

[Mark88 183]

Taking aside what's with the father and mother, and how old she is, you will have to have a full legal adoption in the PH and live with the child for two years before she becomes eligible for a US visa. If you're not planning on leaving the US to move there, you chances are almost zero anyway. An then there are all the other issues and open questions, too.

[NigeriaorBust 4,087]

Just because you adopted a child does not mean that the child can immigrate to the US. It sounds like the child doesn't qualify for an orphan adoption and doesn't qualify as a child how was adopted through an approved agency so if lawyers have failed so far I doubt you will be able to bring the child here.

[tinaparin 0]

Good day to all of you and thank you for all of your replies. She is now 6yrd old and we don't know her father, we don't know where he is and he did not even claim that he is the father of the child, my cousin said that he is a korean so he's probably not in the philippines.

At first, what the agency told me was the best way to bring her here is to be there in ph for 2yrs which is too hard for me because how can I support ourselves in there if I don't have any source of income in ph?

In my case, I always go in ph every year for a month to be with her especially when its her birthday, Is there any way that I can still bring her in US without leaving US for 2yrs?

Thank you again, and I really appreciate it..

Edited November 5, 2014 by tinaparin

[Boiler 43,434]

You can provide financial support, visit etc.

There was a very similar thread a few months back.

[Mark88 183]

...how can I support ourselves in there if I don't have any source of income in ph?...Is there any way that I can still bring her in US without leaving US for 2yrs?

DOS & USCIS don't care about that. The only way would be to move to the ph. And even then it is still open, if you would get a visa, since the bilogical mother is still in the picture.

[tinaparin 0]

Hi, just to add details and to be clear, she is not in the custody of her biological mother ever since. I only met her biological mother when we signed certificates in DSWD in ph, after that we don't even know where she is that's why it might add to the task again to locate her whenever the process needs her presence. I actually asked help from my aunt to take care of my daughter before the typhoon Haiyan. But now that we don't have place to live anymore in Leyte, I asked my friend in Manila to take care and pay for the bills and everything.. Thanks again..

[Boiler 43,434]

My understanding is that to be classified as an Orphan you need at least one Parent to be dead.

You are looking at straight adoption that seems to not have legally occurred yet anyway. Obviously if it was that easy to adopt relatives to get an immigration route to the there would be massive abuse. One of the requirements is that you have had custody for 2 years.

You can read all the details on the USCIS web site or find the thread from a few months back that covered the same ground.

[tinaparin 0]

Hi Boiler, thank u for asking me to read the info in USCIS, it somehow give some clear vision that I can still bring my daughter here without leaving the country but I think its not that easy but still at least I am eligible, here is what I read:

Residency Requirements: U.S. citizens interested in adopting a Filipino child while they are living in The Philippines must be residents of The Philippines for at least three years prior to the filing of the adoption petition, maintain such residence until the adoption is finalized, and posses a certificate of legal capacity to adopt issued by the appropriate agency from the state of residence. Prospective adoptive parents who meet these requirements should file a petition for adoption with the Philippines Court to begin the adoption process.

U.S. citizens not meeting these residency requirements will have to adopt through the Inter-Country Adoption Board procedures.

The Philippines Government may waive these requirements if the prospective adoptive parent is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity as defined by Philippines law, or the prospective adoptive parent is a person who seeks to adopt the legitimate child of his/her Filipino spouse.

Age Requirements: There is no age limit for married prospective adoptive parents. Single prospective adoptive parents must be at least 24 years old at the time of filing the adoption petition.

Edited November 5, 2014 by tinaparin

[Mark88 183]

Hi Boiler, thank u for asking me to read the info in USCIS, it somehow give some clear vision that I can still bring my daughter here without leaving the country...

Where do you read that you can do it without leaving the country? It clearly states, you have to live in the ph? And even if the ph court waves the requirement, you are still required to spend 2 years with the child (in the ph) for the USCIS process.

--Immediate Relative Process--

http://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states

[Boiler 43,434]

Where do you read that you can do it without leaving the country? It clearly states, you have to live in the ph? And even if the ph court waves the requirement, you are still required to spend 2 years with the child (in the ph) for the USCIS process.

--Immediate Relative Process--

http://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states

Seems the OP is talking about being able to adopt. Seems that she probably can. I guess that clarifies she has yet to do so.

[tinaparin 0]

Hi Mark88,

From the last paragraph:

U.S. citizens not meeting these residency requirements will have to adopt through the Inter-Country Adoption Board procedures.

The Philippines Government may waive these requirements if the prospective adoptive parent is a former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity as defined by Philippines law, or the prospective adoptive parent is a person who seeks to adopt the legitimate child of his/her Filipino spouse.

[OKflyboy 35]

The child has to physically live with you for two years prior to filing the immigrant petition. There is no way around that. It doesn't have to be in the Ph, just outside the US, since she can't legally enter here.

I've been through similar process several times.

[tinaparin 0]

Hi guys,

Thanks for all your replies it makes more eager to do research about this case and be more careful before making any actions..