Adoption Issue

[immigrant_child 0]

Good morning guys,
I am a US citizen and file I-129f for my fiancee. However, during the filing of the form, my fiancee was in the process of adopting a kid. I didn't include the kid on the form because the legal documents weren't completed at the time. Now that the documents are completed, how do I go about adding this child to the I-129f document? I wasn't sure if the adoption could've been possible and that's why the child's name was left out. 
Thank you so much for you contribution. 

Edited April 27, 2022 by immigrant_child

[SalishSea 17,916]

3 hours ago, immigrant_child said:

Good morning guys,
I am a US citizen and file I-129f for my fiancee. However, during the filing of the form, my fiancee was in the process of adopting a kid. I didn't include the kid on the form because the legal documents weren't completed at the time. Now that the documents are completed, how do I go about adding this child to the I-129f document? I wasn't sure if the adoption could've been possible and that's why the child's name was left out. 
Thank you so much for you contribution. 

You can't add anyone to a petition that has been filed.

 

Also - there are very strict rules about adoption and immigration.  It isn't treated the same as if it were her birth child.  I'll defer to others who know more about the specifics.  @aaron2020, @Mike E @SusieQQQ

[Mike E 11,740]

48 minutes ago, Jorgedig said:

You can't add anyone to a petition that has been filed.

My understanding is that a child can be added during the DS-160 phase.  This comes up when the fiancée is pregnant during or becomes pregnant after I-129F is filed and the citizen petitioner is not able to automatically transmit citizenship to the child.  
 

Quote

 

Also - there are very strict rules about adoption and immigration.  It isn't treated the same as if it were her birth child.  I'll defer to others who know more about the specifics.  @aaron2020, @Mike E @SusieQQQ

The extent of my understanding is that   the adoption has to be legally recognized by the country where adoption took place.  
 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-7.html

 

I assume, without specific knowledge, that the embassy will scrutinize an adoption that took place after the citizen and fiancée met  closely and with increasing skepticism the older the child is. 
 

If the child is over 10 years old then given

 

* how long the K-1 process is taking
 

* age 14 is a magic number in immigration law, and

 

* 2 years is a magic number in immigration law with respect to duration of adoption,

 

I would not try to DIY yet,  and instead spend the money on a consultation with skilled, experienced, and competent immigration attorney.  
 

It could be after a one hour consultation, the attorney says I am overly concerned.  I hope I am. 

 

Personally I would not have filed I-129F knowing there was an adoption in progress, but if an older child is approaching age 21 that would have been different 
 

 

Edited April 27, 2022 by Mike E

[aaron2020 11,651]

Did your fiancee adopt a family member?  Background on the adoption please.  Details matters.  

Why did she choose to adopt is going to be relevant in determining whether this is an adoption to facilitate immigrating the child to the US.  

[SusieQQQ 11,586]

Yeah, what they said. My first port of call would be a US immigration attorney to see if the adoption meets the requirements to be included as an intending immigrant on the petition. It’s not DIY.