Jump to content
Sign in to follow this  
David & Paulyn

Spousal Visa with Adopted Child - Any Advice?

32 posts in this topic

Recommended Posts

Background information: I am married to a Filipina since 2011 and we have been living here in the Philippines together since 2006. She was previously married and that marriage was annulled in 2011. My wife has 3 children from her first marriage. Upon annulment, her children were considered illegitimate under Philippine law. In 2016, we jointly filed a petition to legally adopt (and legitimize) her children. In March 2020, this adoption was finalized with a date of effectivity from Oct 2016. We have a small business here in the Philippines. I am 53 years of age.

 

For many reasons, we have decided to emigrate to the United States. My youngest child turns 17 in October and I want to make sure she acquires her US citizenship before she turns 18. I plan on returning to the US in June to establish our small business there, in Denver, CO.

 

I would love input as what is the fastest way to get my wife and 16 year old daughter to the US with me. There seems to be many paths, but it's very confusing what is the best and fastest way. Hoping to hear from you. Thanks!

Edited by DRDavisJr

Share this post


Link to post
Share on other sites
1 hour ago, DRDavisJr said:

Background information: I am married to a Filipina since 2011 and we have been living here in the Philippines together since 2006. She was previously married and that marriage was annulled in 2011. My wife has 3 children from her first marriage. Upon annulment, her children were considered illegitimate under Philippine law. In 2016, we jointly filed a petition to legally adopt (and legitimize) her children. In March 2020, this adoption was finalized with a date of effectivity from Oct 2016. We have a small business here in the Philippines. I am 53 years of age.

 

For many reasons, we have decided to emigrate to the United States. My youngest child turns 17 in October and I want to make sure she acquires her US citizenship before she turns 18. I plan on returning to the US in June to establish our small business there, in Denver, CO.

 

I would love input as what is the fastest way to get my wife and 16 year old daughter to the US with me. There seems to be many paths, but it's very confusing what is the best and fastest way. Hoping to hear from you. Thanks!

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think adoption makes a difference.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

Share this post


Link to post
Share on other sites
10 minutes ago, Paul & Mary said:

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think she qualifies under adoption.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

Edited by DRDavisJr

Share this post


Link to post
Share on other sites

 

15 minutes ago, Paul & Mary said:

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think adoption makes a difference.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Ok, I see what you are saying. So, there is no avoiding the 10 month wait for the I-130 to be approved?

Share this post


Link to post
Share on other sites

 

15 minutes ago, DRDavisJr said:

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

That's the part that I'll defer to the wiser ones here.  If that does apply then you are just going to file for your wife.   If it doesn't she is counted as the same as a biological daughter.

 

5 minutes ago, DRDavisJr said:

 

Ok, I see what you are saying. So, there is no avoiding the 10 month wait for the I-130 to be approved?

Nothing faster and with the consulates being closed I'd expect even longer times.   You are about a year too late for the DCF option.  The USCIS field office in Manila is permanently closed.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

Share this post


Link to post
Share on other sites
2 minutes ago, Paul & Mary said:

 

That's the part that I'll defer to the wiser ones here.  If that does apply then you are just going to file for your wife.   If it doesn't she is counted as the same as a biological daughter.

 

Nothing faster and with the consulates being closed I'd expect even longer times.   You are about a year too late for the DCF option.  The USCIS field office in Manila is permanently closed.

Does it matter/help if I file from the US?

Share this post


Link to post
Share on other sites

My recollection is INA 320 would be if she was in the US and 322 wouldn't apply since you don't have 2 years after her 14th birthday in the US.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

Share this post


Link to post
Share on other sites
Just now, DRDavisJr said:

Does it matter/help if I file from the US?

No.  It does not matter where you are residing for the filing.   It may help for the I-864 once it gets to the NVC.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

Share this post


Link to post
Share on other sites
2 minutes ago, Paul & Mary said:

No.  It does not matter where you are residing for the filing.   It may help for the I-864 once it gets to the NVC.

Thank you

Share this post


Link to post
Share on other sites
7 minutes ago, Paul & Mary said:

My recollection is INA 320 would be if she was in the US and 322 wouldn't apply since you don't have 2 years after her 14th birthday in the US.

Yes, I believe we can do the 320 once she is admitted as a LPR, as long as she arrives before her 18th birthday. 

Share this post


Link to post
Share on other sites
4 minutes ago, DRDavisJr said:

Yes, I believe we can do the 320 once she is admitted as a LPR, as long as she arrives before her 18th birthday. 

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

Share this post


Link to post
Share on other sites
1 hour ago, Paul & Mary said:

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.

Ok, thank you for that information.

Share this post


Link to post
Share on other sites
1 hour ago, Paul & Mary said:

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.

Or he can just file I-130 online. 


ROC 2009
Naturalization 2010

Share this post


Link to post
Share on other sites
3 hours ago, David & Paulyn said:

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

Your daughter has a path to citizenship but it is not immediate. And it will not be before she turns 18. It is good you found this site so you can learn me and reevaluate your plan.

Like already advised, you can file for I-130 for them now. The timeline will take roughly a year or so.

 

As for adoption, your daughter has to be under 18, a permanent resident, AND living in the US for her to qualify. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

The problem is that time is not on your side. Your daughter may very well be 18 when she gets her visa... and I emphasized the word may. Remember that this Covid-19 has thrown a wrench in everything and it may slow things down even further. But don't let that deter you. She (and your spouse) will still become citizens eventually if she doesn't make it.

 

And to confirm what was already mentioned.

You can't do a K1 as you are already married.

K3 is not viable. They rarely, rarely approve K3's anymore.

Also, have you filed your taxes while you were in the PHL?


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Share this post


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

Not the easiest time to start a business in Denver, anyway you only have one option. Presumably the plan is that by the time they are interviewing your US business will be enough to sponsor them.


“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
 
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...