IR-2 for Internationally adopted child of US Citizens Living Abroad

[akwhit 0]

Hi!

My husband and I are both US citizens living abroad in Brazil with Legal Permanent Residency in the country of Brazil.

We adopted a Brazilian child through Brazilian domestic adoption laws (since we are LPR of Brazil) and she has been in our legal and physical custody now for 18 months. We plan to file the I-130 as soon as the two years of legal and physical custody are complete (August 23 of this year).

I sort of had a freak-out moment the other day when I read something that said some adopted children cannot qualify for immigration into the US even if they are legally adopted in the foreign country. Can someone enlighten me as to what type of circumstances would disqualify a child from immigration?

She is legally ours (has our last name on her Brazilian birth certificate as if she were born to us, signed adoption decree, everything).

I have read that after the I-130 is approved, our daughter will qualify for a visa under the IR-2 visa.

I'm just trying to get some affirmation here.

Thanks in adavance!

[Brazilian1901 12]

Anyone have a response? My Brazilian wife and I are considering adoption while we are living here, but I'd like to be able to one day bring a future adopted child to the US as a citizen or at least permanent resident.

[akwhit 0]

Brazilian1901: No one has responded on here, but I have been researching more on my own and it actually looks like our daughter qualifies for the N600K application for US Citizenship. Since your wife is Brazilian, I would say that the process may be a little bit different? Either way, check out the N600K (which is for people who adopt abroad and plan to continue living abroad) and see if that would be something you qualify for should you adopt.

[Penguin_ie 5,985]

My understanding is, once you have 2 years of physical custody, you should be ok, especially if this is not the adoption of a family member with living bio parents. But I am not an expert on this, you should probably see if you can ask someone at the local US embassy.

[Brazilian1901 12]

Thanks! I sent an email to the São Paulo consulate. I just want to make sure I am doing it right and don't somehow get in a situation where I can't move back to the US. I am glad I came across this post as I hadn't realized I had to have custody for 2 years. Akwhit, do you know if the 2 years is from the time you get custody or from the time you have a birth certificate with the name and paren'ts name changed? Thanks!

Edited March 10, 2015 by Brazilian1901

[Brazilian1901 12]

Just an update on an email back from the Rio Consulate (adoptionrio@state.gov)

In terms of a visa, however, there are two types of visas which apply to adopted children under U.S. immigration law.

1- One is for an “adopted child,” which can apply to any child adopted legally before their 16^th birthday and requires that the parents have had legal custody and have physically resided with the child for a period of two years. Once that two year period is over, the child is considered to be no different than any biological child of the parents and is entitled to an immigrant visa as an immediate relative of a U.S. citizen. (Form I-130, IR-2 visa). For more information, please visit: http://brazil.usembassy.gov/reconsiderations/petition-for-children.html

2- The second type of visa is for an “Hague child,” which is strictly defined within the law, and does not require two years of co-residence. (Form I-800, IH-3 visa). For more information, please visit:http://brazil.usembassy.gov/adoptionvisa.html .

[waitoolong 6]

Hi there,

I filed I-130 for our adopted son who is 5yrs old, and the petition was approved September 8th. Currently our case is at the NVC, AOS and IV already paid.

Your 2 year required custody starts to count when you get custody of the child (could it be before it's been legalized). You also have to have physically 2 yrs with the child ourside the US in order to qualify for I-130 IR2. Once those two requirements are met the child considers to be no different than a biological child.

There's very limited information on IR2 petition so if anyone who has been through the same process and would liket to share their experiences would be much appreciated.