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chioparis

ADOPTION FINALIZED AFTER 8 YEARS! We are ready to come back home!

By chioparis in Bringing Family Members of US Citizens to America

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chioparis Contributor

chioparis   15

Posted
Filed: Timeline
Posted

My husband and I are dual citizens of Mexico and the United States. We have been habitually residing in Mexico for several years.

 

Our daughter was placed with us in October 2021 through a foster placement by DIF (the local government child welfare agency). The adoption was finalized in a Mexican court in July 2025.

 

In order to file an I-130 for an adopted child we must demonstrate two years of legal custody and two years of living together abroad.

 

Our question is about when the two-year period begins to accrue in this type of situation. Would it begin at the time of foster placement in October 2021, or at the time the adoption was finalized in July 2025?

 

Has anyone had experience with a similar timeline (foster placement through DIF followed by later court finalization) and how USCIS calculated the two-year requirement?

Thank you in advance for any insight.

TBoneTX Grand Master

TBoneTX   49,227

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Congratulations!  Folks will be along to answer.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

appleblossom Mentor

appleblossom   5,815

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
15 minutes ago, chioparis said:

My husband and I are dual citizens of Mexico and the United States. We have been habitually residing in Mexico for several years.

 

Our daughter was placed with us in October 2021 through a foster placement by DIF (the local government child welfare agency). The adoption was finalized in a Mexican court in July 2025.

 

In order to file an I-130 for an adopted child we must demonstrate two years of legal custody and two years of living together abroad.

 

Our question is about when the two-year period begins to accrue in this type of situation. Would it begin at the time of foster placement in October 2021, or at the time the adoption was finalized in July 2025?

 

Has anyone had experience with a similar timeline (foster placement through DIF followed by later court finalization) and how USCIS calculated the two-year requirement?

Thank you in advance for any insight.

 

"The legal custody and joint residence requirement may be met by custody and residence that preceded the adoption." https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process

 

Congrats! 

chioparis Contributor

chioparis   15

Posted
Filed: Timeline
  • Author
Posted
1 minute ago, appleblossom said:

 

"The legal custody and joint residence requirement may be met by custody and residence that preceded the adoption." https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process

 

Congrats! 

Thank you!! I didn't have doubts and now that I have my i130 packet ready to go I started 2nd guessing myself because the translated letter says "foster placement" wasn't sure if this was considered legal custody to USCIS 😮‍💨

appleblossom Mentor

appleblossom   5,815

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
16 minutes ago, chioparis said:

Thank you!! I didn't have doubts and now that I have my i130 packet ready to go I started 2nd guessing myself because the translated letter says "foster placement" wasn't sure if this was considered legal custody to USCIS 😮‍💨

 

It says "The legal custody must have been the result of a formal grant of custody from a court or other governmental entity." You said above it was a government foster placement, so sounds to me like it would qualify? But I would probably have a consultation with an immigration lawyer as they'll be able to tell you for sure, best of luck to you. 

Edited by appleblossom
Boiler Grand Master

Boiler   48,699

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There are Lawyers the specialise in these cases

“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.”

TBoneTX Grand Master

TBoneTX   49,227

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

You might search here for names:

https://www.aila.org

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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