DCF Manila I-130 Adopted Child

[rickster62 2]

Thanks in advance for your help, everyone--what a great forum!

My wife and I adopted her niece in the Philippines through the Domestic Adoption Process The adoption has been finalized and she has fulfilled both the two year legal and physical custody requirements. My wife has been in the Philippines continuously for the past two years, so she is eligible to file DCF in Manila.

Most sources I have read (including official USCIS websites) imply that filing an I-130 is sufficient for Immigration, but a few folks have told me that she must file an I-600 first. All the docs and info required of an I-600 will be included on her I-130. If I DO need to file the I-600, can it be done simultaneously with the I-130.\

Seems like a pain to have to make another trip from Davao City, but it would still beats waiting around for 8 months if we were to file in the States.

Cheers,

Rick

[Mark88 183]

In this case it wouldn't matter if the child was in your wife's physical and legal custody. It will depend if the child was in your custody.

[rickster62 2]

In this case it wouldn't matter if the child was in your wife's physical and legal custody. It will depend if the child was in your custody.

Thanks Mark, but my wife is a Filipina with full U.S citizensip

[Mark88 183]

You didn't mention she is a USC.

If the child is an orphan, and under two years in physical and legal custody, you file I-600. If the adoption is finalized and the two years are over, file I-130.

http://honduras.usembassy.gov/iv/adoptions/childemus.html

However will wholly depend on the embassy if they accept the adoption. Good luck.

[rickster62 2]

Thanks again, Mark. Would there be a better chance of acceptance if the petition is filed in the States? I

Edited November 9, 2015 by rickster62