Adoption living apart

[Deden@2017 0]

Hello, I'm a US citizen by naturalization and adopted a 4 year old child in the Philippines. It's been approved with the finality order and my wife and I are the parents in his Birth cert already. In order for us to petition the child we have to physically be with him for 2 years. We stayed with him for 10 months in the Philippines and because of work we have to be here back in the US. We already miss him and want to be with him. My question is:

a) Is there a way to bring the child here in the US and just spend the remainder of the 2 years and then then petition him here ? 

b) If we go back to the Philippines and stay there and if we satisfy the 2 years, can we petition the child there without coming back to the US? What form to file?

Thank you and your insights is very much appreciated.

[Crazy Cat 39,458]

(b) You can file an I-130 from anywhere in the world. 

Edited October 23, 2021 by Crazy Cat

[JeanneAdil 6,231]

Is spouse also USC?

 

I would return and spend the 2 years

remember to file US taxes 

and keep a US residency

 

and Congratulations of your adoption

[Deden@2017 0]

Thank you crazy cat,  Since I will be filing them outside the US just want to ask if I have to prove my  financial capacity? there's no need to establish my residency in the US? Thank you

[Deden@2017 0]

Yes JeanneAdil, my spouse is also a US citizen

[JeanneAdil 6,231]

19 minutes ago, Deden@2017 said:

Thank you crazy cat,  Since I will be filing them outside the US just want to ask if I have to prove my  financial capacity? there's no need to establish my residency in the US? Thank you

u have to have US residence

[Chancy 6,233]

1 hour ago, Deden@2017 said:

a) Is there a way to bring the child here in the US and just spend the remainder of the 2 years and then then petition him here ? 

 

Your child cannot travel to the US without a visa.  With parents residing in the US, it's highly unlikely that he'll ever qualify for a non-immigrant visa.  You'll have to live with him in the Philippines until you've met the 2-year legal+physical custody requirement for petitioning an adopted child.  After that, you may file the I-130 from anywhere, as @Crazy Cat said.

 

[Chancy 6,233]

2 hours ago, Deden@2017 said:

Since I will be filing them outside the US just want to ask if I have to prove my  financial capacity? there's no need to establish my residency in the US?

 

Evidence of financial support and US domicile will not be required for your son's visa application.

 

[EDIT] @Deden@2017 -- please note edit above.  I realized my mistake after you already replied.

 

Edited October 23, 2021 by Chancy

[Deden@2017 0]

    @chancy    thank you  and does that mean that I have be physically here in the US after the I-139 approval?

[Deden@2017 0]

Hi @chancy   thank you , does that mean that I will be physically here in the US after the I-130 approval? What will be my next step then? 

[Chancy 6,233]

1 hour ago, Deden@2017 said:

does that mean that I will be physically here in the US after the I-130 approval?

 

Not necessarily.  You may stay with your son in the Philippines throughout his visa process, if you wish.  No need for evidence of financial support or US domicile.

 

[EDIT] @Deden@2017 -- please note edit above.  I realized my mistake after you already replied.

 

Edited October 23, 2021 by Chancy

[Deden@2017 0]

@Chancy  That's good news for me, can't wait to go back to the Philippines. What would be my next step granted that I-130 will be approve?

[Deden@2017 0]

@chancy  hi  can you clarify what you mean?

 

[Deden@2017 0]

@jeanneAdil     I'm using my sister's address for this year's Tax filing (IRS), credit cards, bank account, driver's license, etc. Does this qualify as residence? I went to the Philippines to bond with my adopted son and just came home last September 20sp21 to work together with my wife. We just miss our son so we're trying to find a way to be with him and also be able to petition him.

 

[aaron2020 11,651]

You will have to live with the child for 2 years before you can petition for the child.

 

Is the child a relative that you adopted?

 

Who is taking care of the child right now?