Jump to content
Sign in to follow this  
tinaparin

Pls help to bring my adopted child here in US

28 posts in this topic

Recommended Posts

Filed: Other Country: Philippines
Timeline

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

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

How old is she?

Where is the father?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Other Country: Germany
Timeline

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.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Nigeria
Timeline

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.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

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 by tinaparin

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

You can provide financial support, visit etc.

There was a very similar thread a few months back.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Other Country: Germany
Timeline

...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.


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

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..

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

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 by tinaparin

Share this post


Link to post
Share on other sites
Filed: Other Country: Germany
Timeline

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


It's amazing how many questions can be resolved with a 2 minute Google search...

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Russia
Timeline

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.


Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...