US Citizen wants to Adopt Daughter of Filipino Spouse

[tonydbaker 0]

Hi everyone! This is my first post after a brief amount of looking around this site, so I hope I have the right forum.  

 

I'm a U.S. Citizen. I met the love of my life in Tamarindo, Costa Rica, and we eventually married about 3 years ago. It was filed and accepted by the Philippines embassy. We also married again in the United States. We are perpetual tourists / digital nomads, but i have residency in Oklahoma. 

 

I would like to adopt my wife's daughter in the US so that she can gain citizenship and have all the benefits accordingly. My wife's daughter is 14 years old as of April. Do we have time? 

 

Everything I've seen online says to use adoption agencies, and for some reason they want tens of thousands of dollars. Isn't it just paperwork?  What can we do to get the process started?  

 

The good news is that both my wife and daughter have 10-year multiple entry tourist visas to the U.S., so we can come and go as we need.  Also, my wife has never married and the biological father was never around financially or otherwise, and is willing to sign anything necessary for the adoption. 

 

Thank you for your insight!

 

[Timona 3,970]

You have to start the paperwork 

Edited July 7, 2023 by Timona

[Mike E 11,727]

36 minutes ago, tonydbaker said:

It was filed and accepted by the Philippines embassy. We also married again in the United States

That generally does not work unless you got a re-marriage certificate which some states allow.

 

37 minutes ago, tonydbaker said:

My wife's daughter is 14 years old as of April. Do we have time?

Barely. Since you live abroad with her you will go the N-600K route:

 

https://www.uscis.gov/n-600k
 

A copy of your Form I-600 or Form I-800 approval notice and supporting documentation, (except home study) or evidence the child was adopted before their 16th birthday (or 18th birthday if the sibling exception applies) and that their U.S. citizen parent has complied with the two-year legal custody and joint residence requirement (if child is adopted);

 

 All this has to complete before age 18.

[tonydbaker 0]

30 minutes ago, Timona said:

You have to start the paperwork 

Which paperwork?

[SalishSea 16,903]

1 hour ago, tonydbaker said:

Hi everyone! This is my first post after a brief amount of looking around this site, so I hope I have the right forum.  

 

I'm a U.S. Citizen. I met the love of my life in Tamarindo, Costa Rica, and we eventually married about 3 years ago. It was filed and accepted by the Philippines embassy. We also married again in the United States. We are perpetual tourists / digital nomads, but i have residency in Oklahoma. 

 

I would like to adopt my wife's daughter in the US so that she can gain citizenship and have all the benefits accordingly. My wife's daughter is 14 years old as of April. Do we have time? 

 

Everything I've seen online says to use adoption agencies, and for some reason they want tens of thousands of dollars. Isn't it just paperwork?  What can we do to get the process started?  

 

The good news is that both my wife and daughter have 10-year multiple entry tourist visas to the U.S., so we can come and go as we need.  Also, my wife has never married and the biological father was never around financially or otherwise, and is willing to sign anything necessary for the adoption. 

 

Thank you for your insight!

 

You “married” twice?   Expect some issues there.

[PaulaCJohnny 712]

17 minutes ago, tonydbaker said:

Which paperwork?

The adoption one…

[beloved_dingo 1,939]

15 hours ago, tonydbaker said:

Hi everyone! This is my first post after a brief amount of looking around this site, so I hope I have the right forum.  

 

I'm a U.S. Citizen. I met the love of my life in Tamarindo, Costa Rica, and we eventually married about 3 years ago. It was filed and accepted by the Philippines embassy. We also married again in the United States. We are perpetual tourists / digital nomads, but i have residency in Oklahoma. 

 

I would like to adopt my wife's daughter in the US so that she can gain citizenship and have all the benefits accordingly. My wife's daughter is 14 years old as of April. Do we have time? 

 

Everything I've seen online says to use adoption agencies, and for some reason they want tens of thousands of dollars. Isn't it just paperwork?  What can we do to get the process started?  

 

The good news is that both my wife and daughter have 10-year multiple entry tourist visas to the U.S., so we can come and go as we need.  Also, my wife has never married and the biological father was never around financially or otherwise, and is willing to sign anything necessary for the adoption. 

 

Thank you for your insight!

 

When you say you married again, do you mean you just had a wedding ceremony in the U.S., or do you mean you actually got a marriage certificate from the U.S. and the equivalent from Costa Rica?

[JeanneAdil 6,256]

https://www.dhs.gov/adopt-child-internationally#:~:text=If you are a U.S.,U.S. to be adopted here

 

We are just over 2 years into this process/  its not fast

 

When children are adopted from outside the United States, they must go through an immigration process. U.S. Citizenship and Immigration Services (USCIS) determines the eligibility and suitability of prospective adoptive parents (individuals) looking to adopt and the eligibility of children to immigrate to the United States.

[jxn 86]

I don't know much about this topic but I just want to chime in to ask if formal adoption is even necessary. If your only aim is for her to be eligible for citizenship, doesn't she just need to be physically present in the U.S. and in the custody of her mom, your wife? I was under the impression that whether or not you formally adopt her has no bearing on that, but I leave it to the wisdom of the forum. If you want to do it for sentimental reasons, go ahead and research the possibility, but from an immigration perspective I think as the stepdad you're all set. Curiously following along to see what others say and willing to stand corrected.

[Mike E 11,727]

1 minute ago, jxn said:

 if formal adoption is even necessary. If your only aim is for her to be eligible for citizenship, doesn't she just need to be physically present in the U.S. and in the custody of her mom, your wife?

Mom is not a U.S. citizen, and her daughter is not an LPR. So no.

1 minute ago, jxn said:

from an immigration perspective I think as the stepdad you're all set. Curiously following along to see what others say and willing to stand corrected.

Step dad can file I-130 for his step child to get her an IR-2 visa. However, because he is neither the biological nor adopted father, she will not immediately become a U.S. citizen. At age 14, there is little chance he could adopt her in time for the IR-2 process to let her be a citizen. Mom has barely enough time to get an IR-1 visa, and then become a U.S. citizen 3 years later to convey U.S. citizenship to her daughter.

 

Given OP has not expressed any desire for his wife and step daughter to live in the U.S., this is a rare case where N-600K works.

[jxn 86]

On 7/8/2023 at 12:30 PM, Mike E said:

Mom is not a U.S. citizen, and her daughter is not an LPR. So no.

Step dad can file I-130 for his step child to get her an IR-2 visa. However, because he is neither the biological nor adopted father, she will not immediately become a U.S. citizen. At age 14, there is little chance he could adopt her in time for the IR-2 process to let her be a citizen. Mom has barely enough time to get an IR-1 visa, and then become a U.S. citizen 3 years later to convey U.S. citizenship to her daughter.

 

Given OP has not expressed any desire for his wife and step daughter to live in the U.S., this is a rare case where N-600K works.

Thank you! This explains a lot.

 

I think OP would be good to chime in on if he actually had two different marriages or if one of those was a sort of unofficial ceremony. Because that could cause problems if he has two marriage certificates.

 

Also, is the idea that they would remain living abroad despite having residency in Oklahoma? USCIS will want to see that they are living in the U.S.

[Mike E 11,727]

9 minutes ago, jxn said:

Also, is the idea that they would remain living abroad despite having residency in Oklahoma?

OP has residency in OK, not OP’s spouse.

 

If in future, OP spends more days with his adopted daughter  than in OK, OP can make the case he is resides abroad.

9 minutes ago, jxn said:

USCIS will want to see that they are living in the U.S.

For N-600K, USCIS will want to see that they are not living in the U.S.  

[jxn 86]

9 minutes ago, Mike E said:

OP has residency in OK, not OP’s spouse.

 

If in future, OP spends more days with his adopted daughter  than in OK, OP can make the case he is resides abroad.

For N-600K, USCIS will want to see that they are not living in the U.S.  

I'm out of my league in this thread. Thanks for all the info!