DFC in Montreal with Adopted Children (Merged Threads)

[appleblossom 4,386]

10 hours ago, wheresmyrainbow said:

I want to get back to the states as soon as I can, been away too long.

That’s not really the idea of DCF though. It’s for those who already have a valid job offer, as said above usually an urgent transfer with a current company, or possibly an amazing job they’ve been headhunted for out of the blue. 
 

You can try for it, but if neither of those scenarios apply to you then you may find a company just won’t be prepared to wait when they can hire somebody locally straight away. A lot of it will depend on how specialist your skills are. But if you aren’t prepared to move ahead of the rest of your family then you will need to be upfront with them from the start about your situation and possible wait for you to start. It would be far worse if you got an offer under false pretences and then they rescinded it and you had to start all over again. 
 

Maybe you could spend a month job hunting and if you don’t have any luck just file the I-130’s normally. 

[wheresmyrainbow 1]

Reading USCIS policy manual here, wondering if we can really qualify for DCF without a job offer.  Under the adoption reason given by USCIS it doesn't mention a job offer just says "imminent need to depart" and our imminent need is severe financial strain (will explain need to live with family and have help with childcare).  Any opinions on our chances?  I don't see many posts about DCF involving adopted children, so it's hard for me to know if I would be successful.  I'm nervous to ask the consulate because if they say no, then I come back later and have a job offer, will that look shady?  I may still get a job offer, but I'd prefer not to wait for that if I don't have to, plus I don't want to have to leave my kids to start a job while the rest of the process is pending.

 

Chapter 3 - Filing | USCIS

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

Edited Wednesday at 02:35 AM by wheresmyrainbow

[Boiler 47,451]

I thought you left the country and moved to Canada?

[wheresmyrainbow 1]

Yes we left our kids birth country after a year and moved to Canada, been here almost a year but financially struggling a lot.

[carmel34 3,741]

7 hours ago, wheresmyrainbow said:

Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country.

Ask the Montreal consulate if they will accept a DCF case based on the above, and include documentation to support the "imminent need to depart the country."  If they say no, try a written job offer from a US employer.  If both of these fail, DCF is not an option and you will have to file I-130 petitions for all family members with USCIS to start the process.  Plan on about 2 years, and pay close attention to Montreal's requirement that you have established a US domicile by the time of their interviews.

[smilingstone 589]

Only my opinion but I read the adoption guidance as that the adopted child is still residing in their birth country and needs to return to the US with petitioner, as the petitioner does not reside in any other country. 

 

It seems in your circumstances that you have already established a home with your adopted children in Canada, so I would not see an imminent need to leave, especially when it is a country like Canada. Financial strain and child care needs, I would not think, are top of the list for DCF, that's just life. 

 

But again, only my opinion, I am not USCIS. Best thing you can do is ask. Worst that can happen is they say no. If they do, I don't think going back with a job offer would look shady. 

[wheresmyrainbow 1]

You might be right, but on the other hand it says after living together 2 years, so I don’t know. I wish I felt more confident about it. Thanks for answering my question. 

[JeanneAdil 7,078]

Have u filed the I 600 with embassy?

Have you completed the past years tax returns?

 

[wheresmyrainbow 1]

 

5 hours ago, JeanneAdil said:

Have u filed the I 600 with embassy?

Have you completed the past years tax returns?

 

No for our process we will use I130 as a family process because we have lived together overseas for 2 years. 
 

I864/tax returns should not be needed because the kids will become citizens immediately after arrival. 

[Lemonslice 5,238]

2 hours ago, wheresmyrainbow said:

 

No for our process we will use I130 as a family process because we have lived together overseas for 2 years. 
 

I864/tax returns should not be needed because the kids will become citizens immediately after arrival. 

They might still ask about tax returns since you had to report worldwide income.  Also, the domicile part of the form, they'll certainly ask if you are planning to establish a real life in the US. 

 

If you want to speed up the process, don't underestimate what they'll ask.  Be ready and proactive about what you can control.  Anything submitted after the interview will add weeks/months to the process. 

 

 

[apond 54]

3 hours ago, Lemonslice said:

They might still ask about tax returns since you had to report worldwide income.  Also, the domicile part of the form, they'll certainly ask if you are planning to establish a real life in the US. 

 

If you want to speed up the process, don't underestimate what they'll ask.  Be ready and proactive about what you can control.  Anything submitted after the interview will add weeks/months to the process. 

 

 

This. Especially with Montreal. 

[wheresmyrainbow 1]

Well I emailed Montreal, and they didn't really answer my question if we will qualify based on our imminent need, just general response about if we are confident we will qualify, to send XYZ information.  

Edited yesterday at 08:51 PM by wheresmyrainbow

[Boiler 47,451]

I did not think you had applied?

[wheresmyrainbow 1]

I have not applied yet.  I think it’s a little confusing since some threads were merged but my question was if I have to have a job offer to qualify for DCF because where the policy lists the possible acceptable reasons it says adoptive family with imminent need to depart the country, that is a separate reason from having a job offer. 

[Boiler 47,451]

When you are ready to apply that is when you contact the Consulate