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jhamby

I-130 process for adopted child

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Hi everyone,

Please allow me to start by saying that I've attempted to research this topic as much as possible. If there's a link or information already available that I have missed, I'm happy to read it. Not trying to ask a repetitive question and waste anyone's time :)

My wife and have lived in Uganda for five years. During this time, we brought a little girl into our home via the legal processes of foster care and guardianship. We are preparing our application for final adoption and according to our lawyer, there is no reason to believe it will be denied.

As we look forward to returning to the US in the next year or two, we have been advised to go the route of I-130 and not the I-800 or I-600 since we did not use an agency.

The main confusion I have is that we are getting mixed advice on a home study. We are being told that we need a US home study to apply for an I-130. How are we supposed to get a US home study when we live in Uganda?

I've read every page I can on the I-130, but I can't seem to decipher the part about the home study. A few facts for consideration - we have had both legal and physical custody of the child for over two years, we still have strong connections to the US and there will be no "domicile" issues, and we have been told by an immigration lawyer that this I-130 application process can be done from the US since the child has a visitors visa that does not expire for some time.

Thanks for any help you can give!

Edited by jhamby

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Sack the lawyer and find an honest one.


“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.”

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It's immigration fraud to enter the US on a visitor visa with the intent to immigrate.

Hmph. That's good to know - thank you. Guess it is time to find a new lawyer!

Still hoping for come clarification on the home study issue. Anyone?

Edited by jhamby

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Since you have had legal physical custody for over two years, I believe no home study will be needed if you can complete the adoption process before you apply for a visa. However, not a lawyer, and don;t know one that is an adoption expert.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Hi folks, thanks for the help. I finally reached someone who has just gone through the process and they were not required to submit a US certified home study.

We also found out that extenuating circumstances, such as a job offer/relocation, medical needs, or other valid reasons can be used to help expedite the process.

Edited by jhamby

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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