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MichaelMechieME2

Adoption requirements for US

By MichaelMechieME2 in Moving to the US and Your New Life In America

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MichaelMechieME2 Rookie

MichaelMechieME2   3

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Not sure if this is the correct forum, but none of the others seemed to match.  I'm hoping to determine if anyone has tips on the US adoption process of a stepchild from the Philippines.  Her father is absent, zero support or contact for 7 years.  Mother has solo parent ID from PH government, but I predict that the US court system will want some form of affidavit or ruling from a court that awarded sole custody.  If we must seek the father's permission, that could take years to locate him and likely pay him for that right.  I'm hoping to learn what the mother will need to gather from the PH before she leaves in a few months.

Ontarkie Grand Master

Ontarkie   15,129

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Filed: Citizen (apr) Country: Canada
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~~Moved to Moving Here and Your New Life, from K1 Process and Procedures~~

 

Over the years we have had others go down this path. The PI is actually pretty easy for the adoption process if the parents were never married. You should be able to do a search on here to find that information. I think many just submit a copy of the PI law that explains how custody works in the PI. 

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JeanneAdil Grand Master

JeanneAdil   7,492

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not on the adoption, itself, but if you file K1,  the child is included (with no fees to immigration)

if you marry in her country and do the I 130 for spouse,  you also must file I 130 for the child with all the paperwork and fees

PokuPoku Explorer

PokuPoku   67

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Filed: K-1 Visa Country: Malaysia
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The laws vary by state. If you don't have, or don't think you can acquire, an affidavit from the father, then you will have to have a lawyer. We're actually going to speak to a lawyer on friday about this since my step daughter's father was never present. 

I can let you know what our lawyer says on friday. We're in Alabama, fyi. It will be a little different in other states.

Edited by PokuPoku
MMRF Contributor

MMRF   62

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Filed: AOS (apr) Country: Philippines
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7 hours ago, PokuPoku said:

The laws vary by state. If you don't have, or don't think you can acquire, an affidavit from the father, then you will have to have a lawyer. We're actually going to speak to a lawyer on friday about this since my step daughter's father was never present. 

I can let you know what our lawyer says on friday. We're in Alabama, fyi. It will be a little different in other states.

Immigration is federal. It doesn't follow any state laws.

Oct 2022 - Married

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TBoneTX Grand Master

TBoneTX   49,397

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1 hour ago, MMRF said:

Immigration is federal. It doesn't follow any state laws.

True; the discussion may have been about adoption itself.

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(!).

Boiler Grand Master

Boiler   48,769

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Filed: K-1 Visa Country: Wales
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A local Family Lawyer would be able to advise what your State requirements are, and a Lawyer would be able to advise on all the other issues that adoption arises.

“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.”

 
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