Jump to content
jacobincambodia

Hello from Cambodia - Adoption - I-130 Help

11 posts in this topic

Recommended Posts

Hello, I stumbled on Visa Journey in my search for answers in this crazy quest of getting my adopted son immigrated. I can't find a specific forum related to the IR2 category, so any assistance would be great.

A little backstory:

My wife and I moved to Cambodia in 2010 and have been here since. We ended up completing a local adoption (full and final, granted by the court) in Cambodia and it was completed in October 2015. However, we secured local Foster Care in September 2014.

About a year ago, we submitted our I-130 at the U.S. Embassy here in Phnom Penh. They petitioned to the USCIS in Bangkok so that we could file here since this is where we currently reside. Once we began to prepare documents and evidence for the I-130 submission, we felt confident we had met all the criteria including the 2 year legal custody requirement. However, the documents we had didn't meet the mark. The U.S. Embassy offered to hold our I-130 and file it once we met the 2 year legal custody mark in September 2016 based on our approved foster care status in September 2014. Hope this makes sense so far.

Come September, 2016, we received a call from the U.S. Embassy and they received word from USCIS in Bangkok and there was some disagreement about whether or no foster care is considered "legal custody" from a Cambodian perspective. This came as a surprise to us, as we had been under the assumption that our I-130 was going to be filed/approved come September 2016 based on our Immigration Visa Interview had been scheduled for the end of this month. It's odd the embassy would schedule our interview before actually filing our I-130. I don't understand why it just came up as an issue. The U.S. Embassy in Phnom Penh seems to be on our side and it trying to persuade USCIS since they are the ones who have experience here. We have been working for the last several years to completed the adoption in Cambodia and we finally did it. It was a such a journey for my wife and I. We had been hoping to travel home next month and fully celebrate our son's immigration status. We just don't know if it's going to happen now. Worst case is that we have to wait another year as they will use our adoption decree which was finalized October 2015 as the two year requirement.

Steps we've taken so far:

-Continue to be in contact with the embassy asking for updates.

-Contacted my local congressman in Colorado. As of last week, they made an official inquiry on our behalf. Any experience with this? Has this been helpful for anyone?

Other Options:

-Tourist visa so we can travel home for the holidays. Thoughts on this? Since we've somewhat entered the immigration process, can we still get approved?

Thanks everyone -- VisaJourney seems to be a wonderful resource!

Edited by jacobincambodia

Share this post


Link to post
Share on other sites

It's hard to ascertain when the legal custody began. I suppose it could be that while you were fostering "legal custody" still wasn't yours? It's hard to say and apparently theConsulate in Cambodia and USCIS in Thailand see it differently. Considering you need USCIS to approve the I-130 first, their opinion will probably prevail (even if they are wrong).

Hard to say what will happen, I'm assuming worst case scenario they'll have you wait until it's been two years since the adoption. At that point it will be no different from petitioning for a biological child.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

It's hard to ascertain when the legal custody began. I suppose it could be that while you were fostering "legal custody" still wasn't yours? It's hard to say and apparently theConsulate in Cambodia and USCIS in Thailand see it differently.

Hard to say what will happen, I'm assuming worst case scenario they'll have you wait until it's been two years since the adoption. At that point it will be no different from petitioning for a biological child.

Really appreciate your response. You are right. I guess what's frustrating is that the U.S. Embassy here in Phnom Penh has been doing it this way (based on foster care) for the last several years. It's like a few government folks were sitting around a table and decided to revisit the idea. Why so abrupt? If the USCIS comes back with an intent to deny, what recourse do we have? Also, what are your thoughts about getting a tourist visa in the meantime (possible, good idea)?

Share this post


Link to post
Share on other sites

Tourist visa is unlikely after the demonstrated immigrant intent, but you can try.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Would USCIS deny it? Wouldn't they just keep it pending till next year and approve it once it's been two years since the adoption?

If they deny it, you can re-file once it's been two years.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

USCIS doesn't have it since it's not approvable. The U.S. Embassy in Phnom Penh has it on file. If the I-130 isn't approvable, it makes sense that we should be able to get a tourist visa since we haven't officially entered the immigration process. I hope so, anyways!

Would USCIS deny it? Wouldn't they just keep it pending till next year and approve it once it's been two years since the adoption?
If they deny it, you can re-file once it's been two years.

Share this post


Link to post
Share on other sites

USCIS doesn't have it since it's not approvable. The U.S. Embassy in Phnom Penh has it on file. If the I-130 isn't approvable, it makes sense that we should be able to get a tourist visa since we haven't officially entered the immigration process. I hope so, anyways!

It's about intent. There is obvious immigrant intent. It is presumed with every tourist visa applicant, anyway.

You can try, you'd only lose the application fee, it wouldn't negatively impact the future petition even if it's denied.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

That's good to know. I know that we basically have to create a case that convinced the officer that we will bring our son back to Cambodia. This forum is so vast, can you direct me to a couple of posts related to my situation? I've done a search for IR2, but can't seem to find anything related to the circumstances we are facing. Thanks and congrats on your citizenship!

It's about intent. There is obvious immigrant intent. It is presumed with every tourist visa applicant, anyway.
You can try, you'd only lose the application fee, it wouldn't negatively impact the future petition even if it's denied.

Share this post


Link to post
Share on other sites

Welcome to the forum, and good luck with your situation.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Welcome to the forum.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites
 

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
- 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.
×